The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-26


assigned to DIR. Force on the above
date, and if DR.. Force knew it, as the
state will claim he, must have known,
then he had no right, under the by
laws of the company, to accept this
stock in payment of-a salary claim. In
doing so it will be claimed he violated
the law of the company and Illegally
accepted and appropriated the com!
pany's money. " ,@-. -. s''','
The Company's Bylaws. -
The bylaws, as read in court today,
provide that the assets Of the company
nuts be divided into the mortuary, the
reserve and the expense funds, and it
was admitted by the defendant on the
stand that the law Of the company
prohibited the payment of any salaries
or expenses out of anything but the
expense fund. w.
With this as foundation the state
will try to bring out by the strenuous
cross examination Of DR.. Force, and in
rebuttal, evidence to prove that there
was not enough money in the expense
fund to meet this obligation, and that
the defendant knew it when he took
this bank stock.
With the character witnesses and the
testimony Of DR.. Force, which followed
the outline given in T h J ourn
yesterday, the defense practically com
pleted its case this morning, and ex-
perts say it has made remarkably
strong showing: What will be accom-
plished by the state IS attack remains
| to be seen. The cross examination of
Dr. Force will take practically all Of the
afternoon, and then the defense will
put on two and possibly three more wit
nesses to corroborate some portions OF
the defendants story. The. state will
have some rebuttal, and it is probable
that the case will not 20 to the jury
before Tuesday afternoon. -
Sixth Day Of the Trial.
The sixth day Of DR.. j.. F; Force g
Brooks was begun with the de-
| PENDANT on the stand, still under
direct examination by Mr.. F4annery.
Despite the cold and stormy weather
the courtroom was filed with specta-
tors and evident interest was mani.
tested in the story being told by the
! ! The defendant IS examination was sus-
tpended for few moments early in the
! session to allow J. W.: Dean to testify
to DIR. Forces previous high standing
in the community. -
Mr.. Flannery took up the examina
ton. where he was interrupted by last
night g adjournment. 49, ~
f. He inquired concerning the reasons
entertained by the defendant for de-
string to consolidate his company. with
4 Mr.. Bechtel's. The witness. said he
i the company on a sounder footing
and would result in substantial benefit
to the policyholders. IT, ~; =
/ .": Talks with Bechtel. .a.x S,SS
| Tn srepI y to questions DR.. Force swore
to conversations with Mr.. aBechtels in
1 which he had told Mr.. Bechtel that he
had contract with his company and
that he could not relinquish his rights
Hereunder for less than 100000, and
that as an earnest of his good faith
Mr.. Bechtel must pay to him SIC, 900
This, the witness said, was done, the
consolidation effected. DR.. Force ther
resigned and Mr.. Bechtel was elected
president in his place.
EDO you know Mr.. Gettys" eyes
;: sir. $~SA*. -. -...n 81. -'--.... ~
IsHe was one Of the men who carried
on .t tie negotiation with Mr.. Beohte az IT,
company" - =. =,
q ttHe was elected a director and sec
rotary and treasurer
:, About the Bank Stock. -.
"During the negotiations with Mr.
Bechtel was there anything said abou
Metropolitan bank stock9" 10y. ~,
eyes. Sometime during negotiation
, I mentioned to Mr.. Bechtel that I wa
a director Of the bank, and that when
ever he was ready to dispose Of til,
bank stock I would be very glad t,
! get it, s1..,.. r.. -..,~'. ~
| .!"Now at the time of the ,consolida
ton, how much was due you from tn
company under your contract?'
"Fifteen thousand dollars"
"Did you have a talk with MI
Bechtel about taking the Metropolital
bank stock in payment Of this $15
OOOqv =
9 eyes, sir, agreed with Mr.. Bechte
t to take the, stock for that debit -
Q A written transfer Of the stock
Y signed by Bechtel and Getty, and til
certificates of stock were identified b
the witness and introduced in evidence
. The transfer was dated Feb. 81, 1901
!, Doctor, state whether or not thos
certificates and assessments rename
:, in your possession until the bank wer
! into liquidation. - They did,
!, mWho delivered them to yous
!. At this point another interruptio
: was occasioned by the calling Of B. ]
3 Nelson, the defendants fifth gooi
:. character witness. IS.
DR.. Force. taking the stand, swo,
o he understood that this stock We
|, given to him in payment Of this bac
salary.
L He swore that the executive con
j mittee Of the insurance company at tn,
Z time was made up Of Mr.. Bechtel. M
r Getty and himself.
The witness stated that his duti,
f as vice president Of the consolidate
d company consisted of writing lette
s and seeing policyholders of his cor
g pany who wanted explanations Of tt
s new status of the company. He al.
9 stated that he signed policies and 9th,
papers, and he said: ct was the
Y from morning until night Of every ds
vi Il was in the city, and there was i
e change in the time / spent in my off,
= after the consolidation.
i :sa You went away in 1901 -
fsYes, sir; after the middle Of A.
G. gust. =
n How did you come to go to E
u ropes"
O. II was delegate to the ecume
iaal Hnnrress In Londons'f