Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-12-28
BEN HARTW|CKS
MEMORY IS POOR
Very Unsatisfactory Witness in
His Own Behalf in Court
Today.
SEQUEL TO AUTO ACCIDENT.
Accused of Transferring Property So
As TO Avoid Paying Judgment TO
Mother OF Dead Boy.

Zen Hartwick. n we'll known saloon
man. was accused this morning in
Judge George G.. Armstrong; court OF
transferring his property and conceal
ing II fraudulently in an effort to cvode
Judgment OF $500 obtained against
him by Mrs. Daniero Stuurman. whose
son, Jacob. was run down and killed
by Hartwick in an automobile on April
8, 1907. Mrs. Kitty Hartwick, his wife,
large and handsome woman. was
made to stand the brunt OF the attack
made by the attorney for the plaintiff,
and she broke down twice and wept
while under cross examination. Hart
wick had transferred all the property
he owned and the execution was re-
turned by the sheriff unsatisfed. He
was cited before Judge Armstrong to-
day on supplementary proceedings on
the judgment
In examining Hartwick. it was
brought out that about year ago. just
before the judgment was rendered
against him, he organized the Del Monte
company and transferred the property
to the corporation, He was the presi-
dent. his wife director. and ]. a.
Webber, who managed his saloon busi-
ness, secretary and treasurer Hart
wick transferred his Del Monte saloon
In Prescott. Ariz.. and his saloon at
ii west Second South street. to the COM
pany. He declared that he had given
Webber 499 shares of the stock, he held
one share and his wife 500 shares.
Hartwick's memory was very poor
about this transaction and he knew
nothing about the stock, whether it
had been isucd or where 1t was. He
finally remembered that he gave his
share to his attorney for fee. The
other shares he knew nothing about
further than he has signed them but
could not recollect whether he had de-
livered them to his wife. assistant man.
ager and bartender or not. He admit
ted that he deposited all the money in
his own name. that he never had an
accounting with his wife OF Weber and
that all the business was done In his
own name, He declared that his wife
furnished the money for the saloon
business and that he owned no inter-
est in 1t but simply took care of it for
her.
RATED AT $4,000.
The attorneys brought out the fact
that Harwick was rated in the r. e.
Dunn & Company at $4,000. Hart
wick got around this by saying that
he had made such a statement but7that
the property belonged to his wife.
When Mrs. Hartwick was called on
the stand she was unable to gave any
thing definite concerning the business
which her husband said she owned She |
knew nothing about the organization |
of the company or whether she had |
any shares in the company which took |
over their saloon business. She said |
that she had never seen any of the |
shares of stock Mrs. Hartwick broke |
down on the stand and was taken In
to the judges chamber until she re-
covered She was further examined
on the subject until she became con-
fused again.
Webber could not be found and Hart
wick testified that he did not know
where he was. He admitted that Web
Der had never placed cent OF money
in the business and that he acquired
his interest by working for the COM
pany as assistant manager and bar
tender.
Isn't it fact that you organized
this Del Monte company to conceal
your property and evade this judg-
ment?r Hartwick was asked by At
torney Ashby Snow.
mo, sir" the witness replied.
well. isn't it one of the reasons?"
mo. SIR" was the reply
/
wife and Webber to avoid payment of
his Judgment"
mo. sir" the witness answered.
DO you mean to say that you have
carried on this business for years In
your own name, and that you have
given it away. and own absolutely
in it yourself?"
"Yes. SIR" the witness replied in q
natter of fact way.
Hartwick was recalled aid was on
he stand when the court adjourned
or noon. The hearing was resumed
Lgain at the afternoon session.
Hartwick. while driving in his auto
mobile at 30 miles an hour ran down
Jacob Stuurman and fatally injured
lin. Mrs. Stuurman who brought the
uit. is in destitute circumstances and
las a large family TO support. The son
Who was killed was the main support
# the family.