Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-10
HE KEPT MONEY
IN 4 BEAN Pot
L. E. COOK SAID HE ALWAYS KEPT
A RESERVE FUND IN THE
CELLAR,
IF THE BANK FAILED HE
WOULD HAVE SOME LEFT
Gave $4,000 for the Silver City Mer-
antile Stock-Tells How the
Deal Was Made.

A commonplace bean pot hidden in the
cellar of a grocery store and containing
at times as much as 81, 900 was one of the
amusing features of the Nixon bank
ruptcy case in the United States court
his morning. The money was alleged to
have been the property of L.. f. Cook who
purchased the East Park street store of
the Silver City Mercantile Co
4 After Mortimer A. White the teller Of
the Silver Bow National bank had testi-
fled respecting a deposit of 81, 900 made
by J. F. Lott on Jan. ID. and a ident1-
fed the check. the cross-examination of
S. NJ. Nixon was resumed by Mr.. Wines
who asked him if he had not stated yes
terday hat out of the money obtained
from the bank on the joint note of r. Nj.
Davidson. he had paid 81, 900 to Mr.. Bray.
At this juncture Judge Mcconnell. who
represented S. NJ. Nixon, arose and said
that since yesterday he had learned of
some matters which led him to believe
that Mr.. Nixon had contributed to the
purchase of the Silver City
Co., stock. and that he was therefore a
partner. He had no means of verifying
the information, however, and he asked
that the crOss-examination of Mr.. Nixon
be deferred until this afternoon. Counsel
for the petitioners after some legal spar
ring agreed to this proposition.
L.. e. Cook was the next witness. He
was examined by Judge Mcconnell and
c~ross-examined by Attorney Clinton. who
succeeded in bringing out some very
amusing features. Mr.. Cook said that on
Dec. 80, 1899, he had been engaged in the
general merchandise business at No. 331
East Park street at No. 457 East Park
street and at Burlington. He had sue
ceeded Fred f. Scheur at No. 331 East
Park street and on Dec. 80, had purchased
the stock of the Silver City Mercantile
Co. at No. 457 Park street for $40, DOC. He
had paid cash for the stock. He a
drawn Sc. 24O from the bank. had borrow
ed 49, $40 on a note, from the bank and
had paid the balance in cash out of his
pocket. The check drawn on the First
National bank and the note were offered
in evidece.
Judge Mcconnell asked the witness
where he got the balance of the cash to
make up the $40, 900 and Mr.. Cook replied
that he always kept money in the cellar.
He said he had a number of bean pots
in the cellar and he always kept a reserve
fund in n of them. IF the banks fail
ed you know he explained 1T is a good
idea to have a little money on hand"
Relative to the purchase of the Nixon
stock he said he had closed the deal be-
tween 7 and 5 o'clock Saturday evening,
| Dec. 80. Old m a Nixon wanted $4,000
and witness offered him $40. 0OO. An in
| ventory had been taken of the goods In
| stock, but he had been n BILE to find it
! since. He purchased the goods on his own
judgment and partly on the advice of A.
F. Bray. He submitted a receipt from
Samuel Nixon, written in lead pencil, for
the goods.
On cross-examination by Mr.. Clinton
he said hat Nixon, ST., made a PROPOSE
ton to witness to purchase his (Cook's)
stock. Several conversations took place
and finally Cook asked Nixon how much
he would take for the stock of the Silver
| City Mercantile company. On Saturday,
the day of the sale, Nixon ST., called at
Cooks store and said he would sell out
for So, 600 That evening the witness
Joined by A. F. Bray. They Jointly
looked over the stock and Cook offered
the old man 100000 for the stock The
deal was completed in a room back of
the office. Cook had taken the precau-
ton to write out a receipt before he left
his store, and when the negotiations
were concluded Cook wrote in the words,
Ten thousand dollars in the receipt,
and on the head of IN old coffee box
Samuel Nixon added his signature. This
completed the deal
Asked if there We're any witnesses to
the payment of the money, Mr.. Cook
said he did not know, but he thought
Mr. Bray was somewhere near.
The witness said he took the $40, 000
with him, although he did not know
that the deal would go through.
Asked where he got the first amount
of currency paid to Nixon, the witness
retorted Rats"
Where are the rats?" asked the
court.
Continuing, the witness said he took
from the bank some $6,24O before the
deal was closed, and also gave a note
for SO 1000 before he made up his mind to
purchase the stock.
Relative to the bean pot in the cellar,
Mr.. Cook aid he sometimes kept as
much as $4,000 in it, n he extended an
invitation to the attorney and court to
go down to his place of business and as
certain if he was telling the truth. He
did not keep an exact account of this
money, out he had something over 81. 900
in it..
when did you commence keeping an
open account with the bean pot?' Mr..
Clinton asked.
off and on for two or three years.
1 was the reply.
The bean pot, he said, was fire-proof,
and he considered it safer than the safe.
Yes: but one of YOU clerks could
have sold the bean pot and gave away
your 81, 000," said Mr.. Clinton.
The witness acknowledged that such
might have been the case.
Would you rather pay $500 for a pair
of dress shoes than $3.50, if so, dom at
tend the big closing out ale of Douglas
$500, $3.50, $500 and $500 shoes at Tas-
sells.