The Montgomery advertiser., 1905-03-08
FIRST BLOOD
 FOR DEFENSE Mrs. Chadwick Scores Point in Her Trial. NINE. WITNESSES HEARD Labyrinth of Technicalities
 Waded Through. Defense Disproves Claim of Govern ment That Woman Had no Money
 in Bank When Drawing
 Certain Cheeks.


 Cleveland, O., March 7.-Nine wit nesses were examined in the Chadwick trial today and the defense established the fact that the claim of the govern ment that Mrs. Chadwick had no money in the Oberlin bank at the time of drawing checks which were certified by Spear and Beckwith was incorrect in two instances at least.
 It was shown by the general journal of the bank that on November 3, 1905 when Mrs. Chadwick received a certified check for $10,000 an entry crediting her with that amount was made on the journal of the bank and deposit slip for $10,000 was made out in her name The entry and the slip were in the handwriting of Cashier Spear. Another entry of similar nature amounting to $5,000 was also found. These facts were brought ou on cross examination by Judge Wing. counsel for Mrs. Chadwick, after long and tedi- ous questioning of H. H. Avery, assist ant cashier of the Oberlin bank. Avery at first testified that Mrs. Chadwick at no time had either money In or credit at the bank.
 It is doubtful if Andrew Carnegie will take the stand. District Attorney Sullivan said this afternoon. Tt Is not my present intention to These facts were brought out on cross not think that he will be called upon to testify unless his evidence should be needed in rebuttal of something in- troduced by the defense"
 Mrs. Chadwick Better. Mrs. Chadwick came into court this morning apparently none the worse for her illness, which caused the adjourn ment of court yesterday afternoon. She wore the same gown of black and white as on her first appearance. but had added a long grey veil. Andrew Carnegie was not in court. E. H. Hotter, of Oberlin, who was on the stand yesterday when the ads journment was taken was called again. I He was a director of the Citizens Ma tional Bank of OberIin. He was asked l what Knowledge he had of any trans | actions carried on by Mrs Chadwick, with the bank, and despite the objec- tions of Mrs. Chadwick's attorneys was allowed to answer. He said he knew | nothing of any of them until Novem-
 Der 27. 1904.
 J. F. Randolph. of Oboriin, also a director of the Oberlin bank. gave evil dence similar to that of Mr. Hotter. He was asked If he was a member of the finance committee of the bank and answered.:
 T do no. know that I am except by hearsay.'
 c. P. Doolittle, an instructor in Ober- | lin college, and also director of the bank, testified that at all meeting of | directors the minutes of the last pre- | ceding meeting were read by Cashier | Spear, as well as the discount book. He never knew of any dealings be- | tween the bank and Mrs. Chadwick | until the day before the bank closed. None of the Chadwick deals was ever | reported by MT. Spear to the directors. Alexander B. Marshall. vice-president
 of the First National Bank of Cleve- land swore that either on October 13
 or 12 Mrs. Chadwick called him up on
 the telephone and asked him If 1t were
 possible for the First National Bank | to cash a check for $15.000 drawn by l her on the Citizens National Bank of | Oberlin and certified by c. T. Beckwith.
 He said it could be done if authority
 was received by the First National | Bank from Beckwith. The authority
 was received at noon and at a later time he paid the money in cash to MT.
 Beckwith in the presence of Mrs. Chad
 wick at a hotel in this city. | Ine CdlCelltu TUT SlD,UUU was shown MT. Marshal and he identified
 the signature of Mrs. Chadwick the drawer and that of Beckwith's as the certifying officer of the bank. The check was held by the First National Bank until October 19. when it was Icharged up against the account of the Oberlin Bank.
 l The witness stated in describing his conversation with Mrs. Chadwick by telephone that she had asked him to deal with the check as with q prior check of the same nature and a long l legal argument followed on the right
 of the witness to tell what was done with the first check. He was al- lowed to answer and said that 1t had been paid by hls bank and held for certain period before being presented | to the Oberlin bank on which 1t was drawn.
 Several other checks drawn by Mrs. Chadwick and certified by her were shown to the witness and identified. | Unusual, Hut Regular. | On cross examination MT. Marshall declared that certified checks were fre- ouentIy held for short periods. The proceedings, he said. were some what unusual, but in no sense irregu- | lar.
 The witness was subjected to a long examination as to the nature of the checks and banking in the course of which he testified that one of the cheeks for $12.5O0 drawn to Henry Wurst. previously identified by him. was not a proper check because of some writing on it's face.
 c. J. Provoan, official of the Euclid Avenue Trust Company. formerly of the bank which received from Mrs. Chad wick the. Wurst check for $12,5OO. tes- tihed that at the time of the depositing this check Mrs. Chadwick opened an account with his bank. making total deposits of $92,500. She requested that the account be in the names of Cassie L. Chadwick and c. L. Shippers. H. H. Avery, formerly assistant cashier of the Oberlin bank, was the next wit ness. He testified he had no knowledge of any of the transactions between Mrs. Chadwick and the bank. He was asked by the district attorney if Mrs. Chadwick possessed any money in the Oberlin bank against which the checks drawn by her and certified by Beck with and Spear could be charged. A long argument between the attorneys as to the admissibility of the evidence followed.
 The question was allowed by Judge