Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-04
NIXON CASE
PROGRESSES
BOOKS IN POSSESSION OF SAM
NIXON, sR., COULD NOT
BE PRODUCED.
LIKEWISE CERTAIN
CHECK IS NOT on HAND.
Portion of Books and Papers
Brought Into Court-Testimony
of the Stenographer.

The trial of the Nixon bankruptcy case
was resumed before Judge Knowles TINS
, morning. The first witness was MISS
/ Dora Brennaman, a stenographer ana
bookkkeeper employed last year by 5.
NJ. Nixon in the store of the Silver City
! Mercantile During the exam
nation of this witness Judge McCon-
nell. counsel for S. Nj. Nixon, asked that
Phil ~Sanchagrin be excluded from the
court room and the court made the neces-
Sary order.
Miss Brennaman said that about July
II, 1899, she had been employed by S. NJ.
Nixon as bookkeeper and stenographer
Mrs. S. NJ. Nixon had previously been the
bookkeeper. The other employees of the
store were Will Nixon, f. E. Corbett
and a driver. Will Nixon, witness said,
was the l.. w. Nixon, n of the parties
to the present suit. Asked what rela-
tionship the Nixons bore to the Lofts, the
witness said that Mrs. S. w. Nixon had
told her that she was expecting her
mother. Mrs. Lott.
Attorney Carroll, for the p%etitioning
creditors, here asked the court to COM
pei the bankrupts to produce certain
check books. ledgers, etc.
Attorney Mcconnell stated that the
books could not be produced, as they
We're in the possession of San Nixon, Sr.
Mr.. Carroll also asked that a certain
check for 81. 400, given by S. NJ. Nixon
to S. c. Ashby for the purchase Of the
stock of Clark & Talbot.
Judge Mcconnell said that this check
was not in his possession.
I'VE will also ask that another check
for $500, payable to Mrs. Fannie J.. Lott,
be produced. AS we understand it, this
money was loaned Mr.. and Mrs. Lott to
bring the latter from California to
Butte"
Judge Mcconnell replied that they did
mot he va Crroh n hnoI
Judge Knowles said that a general de-
scription of the check would have to be
given before a demand could be made
for it's production.
Mr.. Carroll said the check was drawn
last October and was made payable to
Mrs. Lott.
Have you such a check?" asked the
judge.
NO"
After a consultation with S. NJ. Nixon,
Judge Mcconnell said that an effort
would be made to find the books, and
the judge ordered a recess of 10 min
utes.
with a journal, a day book and a cash
book of the Silver City Mercantile COM
pany.
The witness, Miss Brennaman, was
asked if there were not other books
which had been used by the firm. Re-
plying IN the afnrmatlVe, Attorney Car
roll asked that all of the books be pro-
duced, including the stub of the check
book used by the firm.
After some more sparring between the
attorneys the court took another recess
of 10 minutes in order that the other
books might be produced.
At the end of the 10 minutes recess the
books were not in court and Judge
Knowle adjourned court for another
half hour When S. NJ. Nixon returned
he produced a mass of books and papers,
which were identified by Miss Brenna-
nan as a portion of the Office fixtures.
Continuing her testimony, Miss Bren-
m said that S. M. Nixon had charge
of the Silver City Mercantile
store when she vent to work., July II.
She remained with the firm until Decem-
Der 80. Asked if the stock Of goods at
the South Butte store was owned by S.
M. Nixon, she said she did not know. Mr..
Nixon went down to the South Butte
store every day and entries were made
in the books showing some of the trans
actions with that store.
rs there any entry in the books show
ing he amount of the purchase price Of
Clark & Talbott's store?" the witness
was asked, to which a negative reply
was given.
The stub of the check given to Ashby
for the Clark & Talbot stock was then
offered in evidence. The witness said
that about two weeks after she started
to work L. w. Nixon went to the South