Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-09-05
BONDS ARE MISSING
Mrs. Day In Court Trying to
Tell Where the Money
Went
PosToFFIcE SITE INVOLVED
PosToFFlcE SITE INvoL'
Mason City Has Postoffice Site Mix up
Out Of the ordinary-There is $4,000
of II. C. Days Money the Heirs Would
Like to Know About--He Sold the
Government Some Land.
Special to Times-Republican.

Special to Times Republican.
Mason City, Sept. 5.-This town Is
up that is out Of the ordinary The site
has been settled upon all right and the
money paid over, but the heirs Of the
owner are now in the district court try
Ing TO discover the whereabouts Of the
proceeds of the sale, along with other
sums, believed to aggregate $4,000.
There was concluded in court yes
terday morning the hearing Of what has
been known as the Day case, in which
there seems to be grounds for a be-
lief that Mrs. Harriet Ogden Day is
holding in her possession certain prop
critics belonging to the estate of Henry
Z. Day. which in that case does not give
all the heirs an equal share In the divis-
ION OF the property. AS per the ad-
journment of Thursdays session the
court convened yesterday morning with
Mrs. Ogden on the stand. Her testi-
| inony was in many instances contra
dictory. and 1t is believed that she has
| lost all chances of gaining the clemency
of the court, and she will be compelled
to give an account of the missing prop
erty. She admitted yesterday morning
that she had received from Mr. Day
before his death, box containing be-
tween $1,000 and $4,000, the exact
amount she did not know. She also
stated she had with Mr.. Day, used the
box, and at several times had put in
and taken out sums of money, the
amounts she could not remember, but
admitted putting in SIT at one time as
returns from certain rental from prop
erty in this city. She also said that she
had received money from a man in
Kansas-how much she did not know.
At the same time Mr.. Day was using
the box az place for his money, and
was continually putting in and taking
out the same. She said that one time
Mr.. Day had given her $4,000 and that
she had in mind the buying of home
and had made Mr.. Shockey an offer
for his property on Washington street,
but that nothing came Of it.
The box had been given into the
hands Of the special administrator. D.
w. Telford, and on examination was
found to contain some $4,000 worth Of
notes against different parties in the
city. A few of these were outlawed.
but many were good. The bonds pur
ported to have been received by Mr.
Day, for the sale of the Oak Park prop
erty and also those received for the sale
of the feed shed lots, the location Of the
new government building-cannot be
found, and while some very shrewd
guesscs are being made by various at
torneys interested in the case, not suf-
ficient evidence can be obtained to war
rent an action, but they are working
along that line and something may be
found. Mrs. Ogden, when questioned
regarding the bonds, claimed that she
did not know what a government bond
looked like and had never seen one, but
later in the cross examination admitted
asking certain person what govern
! meent bond looked like. The bonds for
the Oak Park property amounted to
SIS, 600 and for the feed shed property
about $4,000.
r. T.. Bavener, who at one time OPP
Grated the Yellow Spot, and who is in
the city, has been said to be acting in
capacity Of appointed detectives
and has been quite willing to give out
information. stating that he knew the
whereabouts Of the bonds He has
been going about with mysterious air,
dropping hints here and there Of his
valuable knowledge, so yesterday NOR
ming he was given chance to air him.
self on the witness stand. His testi-
mony was exceedingly fiat, and either
he is leading the examiners a merry
chase or knows nothing about the mat
ter at ALL He is said to have told diff
ferent parties Of seeing the bonds In the
possession of Mr.. Day, and also to nave
sagaciously warned several parties IN
terested to get on the other side OF the
case IL they wanted to make rlcn
find. The best opinion puts Bevener
down as a "stringer." In the meantime
Mrs. Betsey Williams, sister or Mr..
Day, has instituted case In the dis
trict court against Harriet Day-Osden,
her sister Minnie Mccall Pierce, daugh-
ter of Mrs Ogden. John Pierce, Mary
Kinnath. Charles Kinnath. Frank y.
Jones and Mr.. and Mrs. Wesley Ost-
rom. asking that the deeds purportlng
to transfer the Day property on Main
street to Mrs. Ogden be set aside, as
the filing Of the deed was some months
after the death of Mr.. Day, and as
dead man cannot convey property. It IS
thought that she will succeed. In thai
case the property will be thrown into
the estate and be divided among the
heirs. Judge Smith, who has been
hearing the case, has not yet decided
and what disposition of the matter ne
will make is not known.