Rocky Ford enterprise., 1908-09-25
DEFUNCT STATE BANK AFFAIRS
Bein6 Aired in the Trial OF the President,
John e. GOddinS.

that he was familiar with the books
of the bank.
7. II. Banman, Holbrook farmer,
next took the stand and swore to
making a deposit of $Ioo on the af-
ternoon of Dec. 81, 1907, and identi-
fed the deposit slip and his bank book
which showed the entry. This was
made by one of the clerks in the
bank. Banman claimed Godding was
behind the counter when the deposit
was made.
The next witness was M. E. Levy,
who swore to depositing $28I.8o be-
tween and 3 o'clock on the after
noon of Dec. 81, 1907. He also iden-
titled the deposit slip and produced
his bank book showing the credit.
And he claimed that one of the clerks
made the entry and that Godding was
behind the counter at the time.
Next came Edward Sever, who
swore to depositing $Ioo.4o at $3.50 on
the afternoon of Dec. 81, 1907. He
also identified the deposit slip and
showed his bank book credited.
claiming the entry was made by one
of the clerks, but he couldn't remem-
Der whether Godding was in the bank
or not
The next witness was George c.
Maxwell, who swore to depositfng
$IIo.33 about 3 p. m, Dec. 81, 1907.
He identified the deposit slip. pro-
duced his bank book showing his
credit entry, claiming it was made by
one of the clerks, and that Godding
was behind the counter also.
As Mr.. Smith had not arrived. the
hearing was postponed until Saturday
morning at o:3o.
Before any evidence could be In
troduced on Saturday morning the
attorneys for the defense made = mo-
ton for a continuance for "a days,
presenting an affidavit from Mr.. Cod
ding in which he sets out that in 1888
he with others started the State Bank
of Rocky Ford. although he was not
in actual management of the affairs
of the bank until the summer OF 1901.
At that time he took a more active
control except during short intervals.
This continued until 1908, when he
again took a more lively interest In
the bank and looked after its details
to a much greater extent than before:
continuing this until the spring OF
1906.
In the spring Of 1906. he af6rms.
there was a considerable run upon
the bank and Godding used his indi-
vidual funds to help it out. In 1907
confidence was restored and the bank
again had good business. For years
the bank had arrangements with 9th
cr banks TO rcdiscount its paper, and
he thought he had sufficient funds TO
save the bank. Even after the failure
he still believed he could raise funds
to reopen the bank.
In the preparing Of the defense in
this case he AYERS he had discussed
the case freely with F. ]. Smith.
ca shicr, and relied on said Smith to
a ncar as a witness in the case. The
said Smith had agreed to be- present
at the trial and TO aid in explaining
the books of the bank. and he had
also promised George Hammond the
night before the trial commenced. that
he would be on hand the next morn
ing. but he had failed to appear and
they had issued subpoena for him.
Godding also set forth that Sept.
II they had wired II. f. MulniN OF
Denver to como to La Junta to aid
them in examining the books. That
Mulnix had come on the first train.
1t had had no opportunity to see
the books and papers and without the
aid of Smith could do little in exam
lining them.
Godding further affirmed he honest
" believed that said Smith had pur-
poseiy and deliberately tricked him
and deceived him into relying on his
promises and assistance and that It
was done for the sole purpose of
making it impossible for the afhant
to make any defense or explanation
concerning the books of the said
bank or the entries therein. He would
not now have any faith in said Smith.
even If Smith should now agree to
aid in the examination.
Godd:ng further stated that he was
astonishcd beyond measure at the
opening statement of the district at
torney charging him with receiving
thousands upon thousands of dollars
from said bank which Godding says
he never received, and further that he
was carrying some items as cash that
he had never known or heard about.
The attorneys for the defense also
set forth in a statement that in many
of their consultations with Mr.. God
ding Mr.. Smith was present and that
he gave them to understand that they
were to represent him as his attor-
ney the same as they were represent
ing Mr.. Godding and that without the
aid of Smith they would be unable
to present their case in a proper man.
rcr-in fact. that it would be folly for
them to proceed with the case with
out having some one who was fairly
familiar with the books to aid them.
They therefore asked that the court
adjourn for "a DAYS and give them a
chance to have their expert. H. f,
Mulnix, go through the books.
They were resisted in this motion
by the district attorney. who fought
it strongly. stating that they had had
ample time to prepare their case and
to have had their experts examine
the books. and get any evidence de: