The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-25


pany he was entitled to = salary Of
$4,000 year. He had been drawing |
only $4,000 a year, and at the time |
of the consolidation Of his company |
with Mr.. BechtePs, the company |
owed hIr:l $4,000. The Metropolitan |
bank stock was transferred to him |
In payment of that debt and 1t was |
assigned to him by written instru-
ments signed by President BechteI
and Secretary Getty on Feb. 81, 1901.
This is brief summary Of the de-
Tense as 1t was detailed to the Jury in
Judge Frank G. Brooks, court this
afternoon by George P. F!annery, chief
counsel for DIR. Force It is the founda-
tion upon which the accused hopes to
build up case strong enough to result
in his acquittal and vindication in the
eyes of the public. It is pronounced
by able lawyers to be the strongest pos
sible defense. 1t will be subjected to
strenuous attack by the state and will
have to be judged in the light of some
state IS case.
Some Legal Questions.
Some interesting legal questions will
probably be raised by the defense.
There is the matter Of statute Of limit
y
bar to the present prosecution. # the
$675 check appropriated by Dr.: Force
within the three-year limit was illegally
appropriated then the other checks
drawn before that were illegally appro..
priated, they say, and the transfer OF
the stock that formed the basis OF the
taking Of these checks by the defendant
fer of this stock is barred by the. stat
| ute of limitations and it will probably
be commended by the defense that as
the taking of this check grew out OF
and wa sa part Of the transfer, 1t there
fore comes under the same rule.
| Another point that may be raised IS
an allegation that DR.. Force did not
come into possession of this check by
virtue of his position as vicepresident
of the insurance company and there
i fore, altho he did feloniously appropri-
! ate it to his own use, he is not guilty
of embezzlement, with which he is
charged and for which he is now on
trial.
It will be argued that, even tho the
stock, he thought he had, and acting
on lis belief he was not guilty OF a
felonious intent The state has intro
duced strong circumstantial evidence to
/ establish a knowledge and intent, on
the part of DR.. Force, to defraud the
company.
| What State Has Shown.
Assistant County Attorney. John F.
state g case at noon today. The state
has shown:
That the board of directors had con-
troll Of all Of the corporation property
including the check alleged to have
been fraudulently appropriated by Dr.
Force.
That DR.. Force was vicepresident, a
director and a member Of the executive
committee of the insurance company.
That 1875 shares of stock in the Met
ropolitan bank were owned by the com
pany in 1900.
That the books of the company show
no assignment of this stock to Dr.
Force.
!, That the books Of the company show
no receipt of the $675 check upon which
the indictment is based.
That the books of the bank show nc
transfer or assignment Of this stock tc
: DR.. Force or to anyone else.
That four Of the directors knew moth
e ing about the alleged assignment OF
r this stock. . -sg@
: Checks Cashed by Force.
|, That eight checks for liquidation div
u idends issued in the liquidation of stocl
a on the Metropolitan bank to the in
Il surance company for a total OF $40,
J. 3225O were Endorsed and cashed by DR.
u Force. ......-"
That DR.. Force was drawing $4,000
q year from the insurance compan,
\ after he had ceased to take an activ'
part in its management, and that tn
g company 8 books showed no other none.
= owing to him.
"a That Dr. Force never told J. T. Wy
= man, president of the bank, with WHOM
u of personal friendship, anything abou
:. his owing this bank stock. 4.
= That the defendant did not inform +
B. Willis, director of the insuranc
company, that the stock had been trans
ferred to him, and that in 1904 he di
ask Willis if he knew what had becom
y of the Metropolitan bank stock; Will
4 said that Wallace Campbell had toll
him that the stock had been charged
the expense account Willis then aske
ia him what the examiner Of the insu
g ance department was doing not to hay
OF noticed it, and Force replied that Becl
ne tel had told him if anything of thu
e. kind was to be done, it should be dor
H. boldly and it would never be disco
On cred. -
as That after the first Indictment W;
k returned against DR.. Force he had M
IS z. H. Austin, former employee of tt
company, and Austin had asked hi
~. about the Metropolitan bank stock, al
b. Force had then told him that Becht
O. had turned it over to him in payne
of personal debt and that he suppose
ge Bechtel had right to the stock.
al Frank E. Holton was called today
al the state Mr.. Holton was cashier
nd the Metropolitan bank at the time
al. it's consolidation with the Northweste
IN National bank. He identified the &C
no tifcates for the disputed 1875 shares
bv stock and swore that they had be-
to presented for liquidation, but could n
of swear who had presented them,
a. whether they were left at the bank
or- taken away at the time of the payne
re. Of the first dividend. He also testif
no that the bank books contained no n
ord of any assignment or transfer
the stock from the insurance compa
to anyone He testified that the Sc
"a check DR.. Force is alleged to have e
y bezzled from the insurance compa
was not credited to him but to the
count of Sarah J. Force, the def
dant 8 wife. Mr.. Holton swore tt
three of the eight checks paid in |
uidation Of the 135 shares of stock h
II been lost and dillgent search fai
y to discover them.
On cross-examination, Mr.. Flannt
brought out that one of the Gquidat
T. lpharks had haen apDlied as paym