Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-04
MARY zEIER IS COMPLAINANT.
Charges Defendant With Resolving
Deposits while Instltutlsa
Was Iusolyent
MANY WITNESSES ARE SWORN.
Eyldence Showing That Mr. Schettler
Received Deposits 10 Person.
Second Case on Thursday

The first criminal suit against ex-
Banker b. II. schettler growing out
Of the recent failure Of his East Tenn
pie street bank was called for trial this
morning at 10 o'clock in the court OF
Justice Dana r. Smith. At If a re-
cess was declared In order to allow
Receiver II. r. Anderson TO secure the
books and papers Of the bank, which
were needed as evidence.
The complaining witness was Mrs.
mary Zeier. who had 1866 on deposit
when the bank went into the hands OF
the receiver, in addition to tlS5 which
was deposited on oct, /, 1904 just a
few days before the bank closed The
complaint charged Banker schettler
with receiving deposits when he knew
his bank TO be insolvent. which under
the law is criminal offense. The pro-
secution was In charge OF County At
torney Farley p, Christensen, and the
defense was handled OF Attorney win
Ray Of the firm Of Rawlins and Ray.
MANY WITNESSES SWORN.
This morning only testimony for
the prosecution was taken, the
defense contenting itself with slight
cross examination OF witnesses
and an occasional objection. Seven
witnesses were sworn, and IL is under
stood that subpoenas are out for
number more. Those sworn were Mrs.
Mary Heler Mrs. Elisa Nnebnit, a sis
ter of Mrs. Zeier Andrew Grunfor,
Of the committee OF depositors, Peter
Hansen, Danish Consul, VIM. Heyr
wood, expert accountant, and Receiver
r. r. Anderson.
STATE WILL PUSH CASE.
The formidable array Of witnesses
makes II apparent that the case OF the
state Is to be pushed with vigor the
main line OF their argument being that
no reasonable man could have been
Ignorant Of the fact that the bank was
insolvent on oct. !. 1904 and therefore
Mr.. Schettler must have known il
when he took the deposit.
MRS zEIER's TESTIMONY.
The first witness sworn was Mrs.
Zeier, who related the circumstance Of
her business with the Schettler bank.
She stated that while her book had
interest computed IN on her money, she
had never drawn any of this interest
or capital, and has not received any
since the bank went into insolvency.
sCHETTLER TOOK MONEY.
Her sister, Eliza Inebnit testified that
she took $l35 to the bank on oct. /,
1904, TO deposit for her sister.
State what occurred at the bank"
Queried Mr. Christensen
Mr.. Schettler himself was IN the
bank" the witness replied and he
took the money. | placed 1t on the
counter, and he counted t. Then no
took my hand IN both Of his and said
Thank you sister He made the entry
Of the deposit In the bank book him
self"
How long have you known Mr.
Schettler?"
My husband knew him IN Zion's Saw
iugs bank, and has done business with
him ever since he opened his own bank.
/ first became acquainted with him
when my husband returned from n
mission In 1882 and first did business
with his bank In lS96-or about that
time"
BOOKS DEMANDED.
Receiver Anderson was called. lie
was uHhtA W lluuutt tnt DOCKS called
for IN the subpoena, and replied that no
had never heard a word about books
he had been subpoenaed over the tee-
phone and was merely asked 10 be pres
ent. Anyhow, he claimed. the books
were under the order OF the court and
he had no power to let them leave
his possession.
The court explained that as the de-
tense objected to his testifying from a
certified copy OF them, they must be
produced, and that IN bringing them
there he would never for an instant
los0 possession OF them.
COULDN'T CARRY THEM.
This brought another objection on the
ground that the books weighed $50
pounds aud he was physically unable 10
bring them. Justice Smith helped him
over this difficulty by telephonlng the
sherim's ONCE for two strong deputies
TO help carry the books to the office
ANOTHER ON THURSDAY.
The second criminal suit against
schettler, which was filed by Title
Sutherland, win be called IN Judge
Dlehrs court Thursday az 10 a. m,
Monday nj 10 a. m, Referee In Bank
ruptcy Charles Baldwin viii meet the
creditors In the bankruptcy proceed
ings,