The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-06-21
CULVER ON TRIAL
ENLIGHTENMENT Case Heard in
City Court
BUTHLER TESTIFIES
That Culver Retained Some
of Company'S Money

The time Of the city court was occupied
yesterday with the preliminary hearing of
W w Culver. in which he attempted to
explain 10 the court the conditions lead
ing up to his arrest on the charge of en-
Farmers Grain and Live Stock associa-
ZION. The forenoon was taken UP with
the states evidence and the defense was
not all in when court adjourned last
night
The hrst witness for the state was the
man who caused CulveT's arrest, James
Butler, the secretary and general man
ager of the company He stated that
Culver had been placed in charge OF all
tae business Of she association when ap-
pointed agent of the company, June II.
1902, and that ne had remained in charge
untn December 9Th of the same year.
He said that Culver had entered a con-
tract with the association in which it
was stipulated that while he had charge
Of the companys business he should en-
gage in no other business. He said that
Culver had besR authorized to draw on
bank for the amount u 81, 0es as capital,
and that he had drawn $50 of that
amount. He stated that when Culver
gave up the position as agent for the
ASSOCIATION al this place he turned in to
the company about se4, but admitted that
he himself had drawn upon the Office here
for the amount OF s7sS a few days prior to
December 9Th He explained why the
books Of the company showed that the
company had been doing losing business
by saying that it had been decided to
reorganiEe and increase the capital stock
and that it took considerable money to
organize and get the business in opera
ton in the entire field
Butler stated that the association had
agents buying and consigning grain in
their own names because some firms
would not handle the cooperative asso-
Citations business. but denied that he
had authorized Culver to do so, or that
he had authorized nm to handle grain in
the name Of the Culver Cereal COM
pany. He testified that the report of
Culver's business done in the Wichita
office arrived while the association was
holding its annual meeting in Topeka,
December I'd, and that it was considered
incomplete and unsatisfactory He said
that untn November LIST he did not know
Of the existence Of the cereal company,
and that until that time the business be
tween Culver and the association had
been satisfactory
Judge S. H Allen. who stated that he
had been employed by the association 10
go through the books of Culver, was the
next witness placed on the stand by the
state. He identified a check for $42 "a
drawn by Culver as agent of the associa-
zion, and traced it through the books as
having been made in payment on freight
car No. 1866, and found car of same num-
her consigned to A could, of this city.
but found no entry showing that the
freight had been returned TO the credit
Of the association. Witness stated that
he believed that A. Gould had some con-
nection with the Culver Cereal company.
but did not know just what that connec-
ton was. Had letter from Culver in
which he said that the $42- "a was replaced
by the entry Of s41.e6 in the bank book.
showing that amount of money deposited
to the account Of the company. but wit
ness showed that the latter entry came
from the account Of the Frisco railroad
where the freight on one car had amount
ed to that much, and where the railroad
company was charged with it and af-
forwards credited with it when il was
returned
Check for $40 q identified and traced
TO be freight on three cars. either sold
or consigned to A. Could, city. but none
l,ss
ness was able TO find from the books
Letter Of February p. 1898. from Culver
was identified in which he stated that the
Sl4o.T7 was against the Culver Cereal Co.
and stated that there were other items,
each Of which was named which were
owing to the defendant.
Identified check for 500 dated Novem-
her p and said he was unable to find any
entry in the books showing it had been
applied. Nothing in the account with the
Culver Cereal company 10 show " here it
had gone. Agent had teld witness that
II was given 10 pay a Culver Cereal com
pany check that had been turned down.
Late in the afternoon Culver took the
stand and in turn attempted 70 explain
the charges made by ehe states wit
nesses- He stated that he had entered
into an arrangement with Mr.. Butler
while the latter was In the city in No
vember, whereby ne WAS authorized TO
handle grain in he name OF the Culver
Cereal company. and stated that the
reason for this was that several buyers
IN Kansas City would not accept con
signments from the association.
Miss Florence Alexander. Mr.. Culver's
stenogrspher. was placed on the stand.
and testified that she had overheard the
conversation in which Butler had author
lied Culver 70 handle grain in the name
OF the Culver company. and 10 conduct
a business on the side when il was nee
eSsary. She stated that Butler had Wis
tied the Wichita office and had gone
over the books Of both he Cooperative
association and the Culver Cereal com
psny.
Culver was recalled and was handed the
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