Rocky Ford enterprise., 1908-09-25

granted them all the courtcsies pos
! siblc in the examination of the same
and that Mr.. Smith was now present
in court in obedience to the defend
ants subpoena as a witness and they
were privileged to ask his aid in any
question that might como up during
| the examination Of the books and pa
pers.
Mr.. Smith was represented also by
his attorney, Thomas Hoffmire of Pu-
| eblo. who stated that he was the at
torney of Mr.. Smith and had been for
some time, that Mr.. Smith had never
employed the other attorneys to rep
| resent him and that his client, Mr..
Smith, was ready at any time to an
swer all questions that might he ask
ed of him by the attorneys for the
defendant, or the others, in relation
| to any matters connected with the
bank.
At the close of his remarks the
court overruled the motion and the
audience started to applaud. but the
Judge ordered the sheriff to stop the
applause.
Attorney Stevenson for the defense
then asked an adjournment until
Tuesday morning, in. order that they
might make an examination of the
books and papers of the bank. The
the district attorney objected and ask
ed that adjournment be until Mon
day morning. Finally the court de-
cidcd to adjourn until 10 o'clock
Monday morning. Meantime the de.
fendant would have the privilege Of
examining the books and papers Of
the bank as much as desired.
Monday morning witnessed a great
ly increased attendance at court, as Il
was expected that Receiver Hall
would be placed upon the witness
stand. He was the first witness In
troduced, so there was no disappoint-
mcnt.
In response to questions regarding
the Fenton deal Mr.. Hall said he had
found notes signed or endorsed by
w. E. Fenton and NJ. A. Fenton to
the amount Of SI77.72376. In his
Judgment the entire property of DR..
Fenton was worth at the outside not
over $4,000. :.
The receiver was asked II he found
a note given by Dan Deemer for ST.
ss3.s7. He testified t;at he had the
note. which was made Nov. IS. 1907.
He was unable to collect upon It as
Deemer had no property.
Receiver Hall also testified that T.
r. Godding. Sr.. the father Of John
F. Godding. had a note In the bank
for $o,7o7.oo This note was made
Jan. 2. 1907, due July 2. 1907. that
Godding had no property. he same
man also had an overdraft of $oz8 10.
which was not paid and the receiver
had been unable to collect anything
on.
Mr.. Hall also swore to the finding
of a note in the bank to John E. God
ding for $4,000, made Dec. 26. 1907,
and this note was presented in cvi-
dcnce and there was written on the
bottom below the signature of Mr..
Godding This note is given to make
good the amount due from losses dur
irf: the year 1905" This note was
secured by mortgage on 40 acres OF
land in Weld county near IonCmont.
Hall went to Longmont and looked
the land up twice in company with
GOdding and Swink and found il was
crcumbercd for 10000; also found
that NJ. D. Thatcher held a warranty
deed for the same which was held BY
Thatcher for any shortage due the
First National bank of Pueblo. Hall
placed the value of this land at S25.-
600 to $4,000 and at the time he did
Mt consider the security worth any
thing. That the First National bank
OF Pueblo had been paid up all but
$1,000 and that consequently there
might be a margin left over on this
land to be applied on this note. He
also found another note of Mr.. God
ding's for $500. this was secured by
the property in Rocky Ford when the
property had been decided to the re-
ccivcr and he had surrendered the
note.
Receiver Hall also found a note OF
s. A. Mcdonald of Denver aggregat-
ing S7.63s7s. Since the closing of the
b7gk Mcdonald has taken advantage
Of the bankrupt act.
Mr.. Hall was taken off the stand
temporarily and !. A. Zant Of St. Joe:
the Stockgrowers bank of Denver.
was called. He identified lot of let
tcrs and correspondence that passed
between his bank and Mr.. Godding
relating to the affairs of the bank and
the amounts due the Stockgrowcrs
bank from the Rocky Ford bank.
which amounted at the time of clos
| ing to S73,7oo. He also identified
letter and statement made out by
Godding on January 6, 1908, after the
| failure of the bank in which Godding
tried to secure his aid in reorganiz-
ing the bank and putting It on its
feet again. This statement differs
from that made out by Receiver Hall
and II wasp laced in evidence.
Over the objection OF the defense,
Mr.. Fred S. FELTON,, auditor of the
Bankers National b-1k of Chicago.
who had been cor ,cetcd with the
bank for from FIVE eight years, was
put on the stand and questioned in
regard to the slowness Of the Rocky
Ford bank in paying amounts due