The Indianapolis journal., 1903-03-13

said he, that he had come home from In
dianapolis sick and humiliated, and had
gone to bed"
Maurice A Sachs, a brother of the de-
fendant Sachs, was next called to the wit
ness stand He said he advised his brother
and the others against whom the charge
or contempt OF court was placed TO return
the property and face Judge Anderson;
that he was the right kind OF man and
would be fair with them.
You know now that they didn't do IL,
do you not?" remarked Judge Anderson.
Yes" said the witness.
Joseph Sachs, another brother, was put
on the stand TO testify for the defendants.
He and his brothers have A law partner
ship. This witness told of going over 10
New Albany to see Judge Utz about mat
ter in connection with some work that NJ
Zier & Co. had undertaken 10 perform Tor
one of his clients. He found w. W. Watts,
d. A. Sachs, Charles KelSo and Judge Utz
in the latter's private ofice. He invited
them all out to take drink; Utz SAID
he would CO. and Watts was willing. ID. A
Sachs and Kelso declined the invitation.
Witness admitted that there was some talk
on that occasion about the removal OF the
New Albany Trust Company as receiver OF
NJ. Zier & Co. and the appointment of
Kelso. Witness remembered that Judge
UtZ instructed Kelso to go to his office ana
prepare an order removing the New Albany
Trust Company as receiver. Witness said
he and Judge Utz and Watts then went To
a cafe or saloon and sat down. The judge
remained until little after clock, ana
then Colonel Jewett came in. While the
Judge was there the witness said the ques-
tion of the contempt proceedings came up.
Judge Utz, the witness said, thought that
ID. A Sachs and Watts should not come TO
Indianapolis.
THREE DRINKS IN A CAFE.
Being cross-examined by Mr.. Healing, the
witness admitted that his brother and
Watts hesitated about coming to Indian
apols. Judge Utz. he said. remarked that
he had some money in court that could be
used in paying the expenses of the con-
tempt proceedings. Witness admitted TO
Attorney Healing that the whole thing
struck him as peculiar" AT one point In
the cross-examination the witness asked
the court to protect him from the rather
emphatic manner in which the district at
torney was pushing the examination. To
the best of the witnesses recollection he
and his friends took three drinks apiece in
the cafe on the afternoon alluded to.
The government next called Judge Utz
to the stand to give evidence In reouttai
He was asked what d. A. Sachs said about
the state militia. He said that Sachs
asked him how one would go ABOUT IL 10
call out the militia. Witness asked him
why he wanted to know and he replied:
when / go into anything, you know l go
to the end" Witness said he had on nu-
merous occasions heard Sachs say he was
great states r1SntS man. he Sdlu tnlS
in connection with his remark about calling
out the militia. ID. A. Sachs had previous
ly denied that he asked Judge Utz about
the status of the militia. The presump-
ton is that If Sachs talked of the militia
and did so seriously Ii was with the idea
that the militia might be used to back
up the state court in a clash with the re-
ceiver appointed by the Federal Court to
take charge of the affairs of NJ. Zier &
Co. The witness said he did not think he
said he had money in court that could be
used to pay the expense of contempt pro-
ceedings However, there was something
asked IL he advised Watts and Sachs not
to come to indianapolis in response to
the charges of contempt. Witness said he
did not think he said that. "If l said any,
thing may have said ii might be best not
to come at this time" he explained. The
government next called Charles Kelso who
corroborated Judge Utz's testimony in re-
gard to the militia incident.
The taking of evidence in the case will
be completed this morning and Judge An
derson will hear argument. He said yes
terday evening that he did not care to hear
from the government as to the law in the
case, but as to the facts he desires to hear
from both Sides The district attorney has
summoned several witnesses from New AL
bany who will testify to-day. They are
Fred Ruon, watchman at Zier's establish
ment, William F. Ruoff and Edgar Martin,
deputy clerk, and Bertha L. Scott Charles
Kelso's stenographer. Fred Ruoff, the
watchman was recently released from jail,
where he was sent for contempt of court
His being called a witness is the result
that he did not visit the Zier plant after
RalG hGN 0vv1o