The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-06-13
DR.. HEATB'S TESTIMONY
DEFENDANT IN SCHADLE SUIT
ROSS-EXAMINED BY ATTOR-
NEY LIGHTNER
WAS CONFUSED AT TIMES
Admitted Many of PLAINTIFFS Conten-
tons as to Money and Stock
TransactiOns-Eviden
Is All In.

The taking of testimony in the case Of
| DR.. Schadle against DIR. Heath was con-
cluded yesterday afternoon, and by con-
| sent of the attorneys it was decided TO
argue the matter Saturday, June 20, each
side to have just one hour in which
! to sum up.
! DR.. Heath was on the witness stand all
yesterday forenoon, and under rigid
ross-examination by Mr. Lightner be-
! came confused at times. DR.. Heath tes-
/ titled on cross-examination that as near
as he could hgure prior to Ire time ne
went into partnership with DR.. Schadle,
he had earned from $1,500 to $1,000 at his
profession.
DR.. Heath admitted that he had drawn
checks on the account of Schadle IL
Heath after the letter was received
which he claimed terminated the part
nershlp. He also admitted that ne wns
depositing money taken in up to July "A
last to the account of Schadle & Heath.
A number of checks were introduced
in evidence by Mr.. Lightner, one of them
being for 81, 166. A. DR. Heath said that
this was the amount left in the bank of
the firm account, and after drawing it
out he put 1t away in a safety deposit
vault or box. Continuing, he stated that
! he put enough more money with it to
bring the amount up to $1,000, which he
figured would be enough to cover any
! thing that might be needed as result Of
this controversy
He also admitted on cross-exaclina-
ton that he had taken this money out
of it's resting place later and deposited
it in the st. Paul National bank, not In
the name Of the firm, but i'll his own
name.
Asked by Mr. Lghtner as to how much
he thought was tied up in the St Paul
National bank at the present time, as
result of this suit, DR.. Heath stated that
he thought there was nearly S.,7UO Dr.
Heath admitted that about July s. Or
prior thereto, he told the office attendant
to keep the accounts of himself and DR..
Schadle separate.
Mr.. Lightner next introduced cIrcu-
lar In evidence which DR.. Heath admitted
he had sent out to almost all of their
patients who owed them money The
circular was dated Sept !, 1900 was
signed by DR.. Heath, and read as fol-
lows:
HEATH IS CONFUSED.
"All bills which represent work done by
me since Nov. %, 1899, are payable to me-
L have removed my Office to 227 Lowry
Arcade"
Mr.. Ltghtner next pressed DR.. Heath
for definition as to what he meant Dv
the words sack cloth and ashes" which
he had used in a letter written to DR..
Schadle, after he had discovered the
letters advising him to sell the N. P.
stock at n or better. At this point Dr.
Heath became somewhat confused but
finally admitted that he meant by those
words that he had something to explain
to Dr. Schadle, as much as to say tnat
he was penitent.
A letter was also introduced in evil
dence, written July %, by DR.. Heath to
resident Of Eau Claire, Wis, reply ing
TO a letter written to Dr. Schadle, for adj
wise on the treatment of a child. Dr
Heath, in replying, stated that the letter
to DIR. Schadle had fallen into his hands;
that he was DR.. Schadle's partner, and
that he would be glad to treat the child
Mr. Llghtner also introduced another
letter written by Dr.. Heath to Dr.
Schadle, when he was abroad, and dated
June rs, 1900, in which he said:
MY Dear DR.. SchadIe Your letter
from Paris received. I have read and re-
read all your letters in regard to stocks
ana SO forth, and do find that you write
me to sell at II and better if stock STOP
ped there long,
pr. Heath also admitted more erasures
ON the books. The redirect examina>
ton by Mr.. Mum developed nothing
new
Mr.. Lightner was next put on the stand
and testified as to the correctness or
copies of the books that were made in
the office of Young & Lightner.
E. FL. Bailey, Vice president of the First
National bank was called and testified
that the note for $4,000 which DR.
Schadle had sent from Gibraltar on Dec
"a, 1899, to DR.. Heath, to be used in pro-
tectfng the margin on his stock. was not
delivered to the bank by Dr. Heath until
the latter part of June, and then it was
not turned over until the bank called
for it.
DR.. schadle testified that he sont in
structions to DR.. Heath with the note
that he should take it to the bank at
once, which had not been done
Ihls closed the taking Of TESTIMONY
and the matter was adjourned until Ju1e
II also developed during the cross-ex-
a atnIlatl ION that DR.. Heath had a special
stamp to make erasures on ink.