Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-11-29
.B)ARDNAN CASE
IS SUBMITTED
Lengthy Night Session Is Held,
and Conclusion Reached
This Morning
TO BE DECIDED IN VACATION

Arguments to Be Made In Writing, and
Sent to Judge Plat at Waterloo
Damaging Testimony Of the Prose-
cution and the Defendants Explana-
tion-One Of tine Letters.
The Boardman disbarment case,
which was heard before Judge Il. q.
Plat, of Waterloo in the district
court here, Monday, was concluded at
about $3.50 this morning. A lengthy
session was held Monday, recess
having been taken at 6 o'clock until
1880. The night session lasted until
about 10, and court again convened this
morning at 80 The testimony was
all submitted, and the case was mark
ed ito be decided IN vacation, as OF the
last day of court" The arguments will
be submitted to Judge Plat in writ
ing. and it will probably takYAen days
before they will reach the Judge.
The testimony of the prosecution
was volu1ninous, and dealt with sew
eral admissions of the defendant. One
was that he was the attorney who had
personal charge of the litigation for
the plaintiff LAMA, in the damage case
against the LeGrand Quarry Company
and that he assumed full personal re-
spopsibildty for everything that had
been done, and that he cast none OF
that responsibility upon the court re-
porter; that he found, upon the exam
ination of the transcript. that certain
matter did not appear in the trans
crdpt that he thought should appear;
and that he wrote Miss Agnes McKin-
non, the court reporter, stating his
recollection as to what took place dur
ing the trial. This letter was under
date of Augusut 5, 1902, and in it Mr.
Boardman asked Miss McKinnon to
look at her notes, and see If mention
was made in accordance with his rec
objection. Miss McKinmon's answer
was in effect that she had compared
the transcript with her notes. and did
not seem to have the remarks down.
z Directions as to Changes.
Then followed Mr. Boardmans let
ter under date of August 5, 1902, which
was the most damaging bit of testi-
mony offered by the prosecution. III
which Mr.. Boardman suggests and d.
reefs how the alterations in the record
shall be made, also the changes in the
original shorthand notes. taken during
the trial. The letter is as follows:
"Marshalltown Ia, Aug. 8, 1902.
Miss Agnes McKiMnon, room 90,
CRANKY, Cedar Rapids, Iowa: We have
your favor of the 18th, and are glad that
you agree with us as to what took
place during the trial. We think that
it would be better If you inserted In
your notes, and also in the transcript,
the omitted matter and for that pur-
pose we are sending you by express
prepaid, the transcript of the evidence
in the case. After you have made the
correction, which we presume would
occur on page 1872 thereof, please re-
turn same to us by express, at our ex-
pense. 1t may be that it will be nee
essary to have the book taken to the
printer and have the binding taken
off and new page. 1872, inserted.
which can be easily done by crowding
the matter on page 1872 little. we
think it will make better appearance
and you will observe that the trans
cript has never been filed, so that this
can be done without any irregularity
or trouble of any sort or description.
1--WE would like to have the transcript
back Just as soon as possible. as we
are using it now in preparing the alb
stract. OF course you should make
your notes and the abstract conform
with each other.
1--WE thank you for your prompt and
kind attention and would request that
you send us 81 bill for any expense that
you are put to in the matter, and we
will take care of the same. Very
truly yours,
"BoARDMAN, ALDR1CH & LAW
RENEE,
"Dictated by c. H. E. Boardman."
Other Correspondents.
The prosecution then followed with
the entire correspondence between Mr..
Boardman and Miss McKinnon, show
ing the further changes made In the
in three different instances,
after the testimony of George Gregg
and the Messrs Stubs. The notes OF
Miss McKinnon, taken at the trial,
read: mo objections" The trans
cript was made to read, Same objec-
tons by plaintiff" The prosecution
also presented the admission Of the
defendant that the abstract was served
nm Mr.. Binford, as counsel for the de-
PENDANT, about Aug. 20, 1902, but that
the transcript was turned over to MI.
Binford about Aug. 30. 1902.
Mr.. Boardman's Testimony.
Mr.. Boardman was put on the wit
ness stand in his own defense, late
Monday afternoon. On cross-examin-
alton he was questioned closely re-
garding the several letters which con-
stituted the correspondence between
himself and. Miss McKinnon, having
to do with the changes made IN the
and regarding his converse
ton with Thaddeus Binford, the Lee
Grand Quarry Company's attorney,
after the changes had been made. He
said he went to Mr.. Rinford's offica
after Binford had asked where the
was, to tell him what had
become of it. While there, he stated.
he told Binford of the corrections
which had been made, but would not
be certain that he consented, but was
positive Mr.. Binford understood and
did not then make any objections.
When pressed as to legal Irregular
ity Of the transaction Mr.. Boardman
said: II gave the matter no serious
thought. Miss McKinnon wrote that
she had made the omissions, and to
send the transcript and she would cor