The Fargo forum and daily republican., 1910-01-10
Weaving
tight net AROUND
BANK WRECKER
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to help Jones personally that he signed
the note.
brought out the infor lation that his
brother, Pat Bouye, who also signed a
note for Jones, owned no property.
chauffer Signed a Note.
e. e. Simonton, form sr chauffeur for
Andy Jones, gave important testimony
for ths prosecution. Simonton worked
as Janitor of the Rugby schools at SITS
for time and then went into the en-
ploy of the defunct banker at the same
stipend. 1t was while serving in this
capacity that he signed an accomoda-
tion note for $2,4O0. for which he re-
ceived nothing, being assured that he
would never be able to pay for 1t.
He testified that he owned 40 prop
ertX and had paid nothing on the note,
which Is also held by the receiver of
the bank.
This Witness Couldn't Hear.
The climax was reached this morn
ing when Dave Donely, farm laborer,
who during the est seasons of the
year never made mere than $35
month, told of signing a note for 81 ,9OG
at the request of Andy Jones. Donely
Is an aged man and on taking the
stand informed Judge Barnett that he
was hard of hearing. Taking a posi-
tion right by the mans ear, the as
ststant prosecutor brought out a line
of testimony that impressed the jury.
Donely stated that he worked for
Jones most of the time as a farm la
borer, receiving the going wages"
On further questioning he stated that
was $35 in the summer time and moth
ing in the winter. The cold months
were spent in trapping by Donely.
What did you make trapping?" was
asked.
I wasn't very successful" was the
reply.
Engerud Makes Objection.
At this point Judge Engerud for the
defense offered an objection, in line
with scores of others made, contending
that the testimony had no bearing on
proving any charge in the indictment
and was therefore irrevelent and i'm
material.
Judge Barnett argued that il came
under the first count Of embezzlement
of $4,000.
That court overruleC the objection
holding that 1t also showed Jones' in
tent in other dealings.
Fargo Man implicated.
The last important witness called by
the government this morning was w.
George Mahon. He testified that he
was a personal, friend of Jones, being
intimately acquainted with the defend
ant. On May 5, 1908, he told of receiv-
ing from Jones personally at his (Ma-
hon's) Fargo office, certificate of de-
posit for $1,710, on the First National
bank of Rugby, made in favor of Ma
hon. An understanding was reached
that Mahon was to sell this and return
the proceeds to Jones. The certificate
was sent to Mahon's brother at Ink
ster where 1t was marketed, and $3.50
returned to George Mahon at Fargo.
Mahon sent Jones a check for 1900,
holding out $50 which he stated that
he had advanced before. The witness
was excused long enough to get the
check from his office, which was Of
fered in evidence by the government.
The only fact brought out on cross
examination was that the deal was car
ried out to raise money for the Rug
BY bank
Elstad on Stand, Too.
On three different occasions e. ].
Elstad, who, under Jones regime, was
assistant cashier and bookkeeper of the
bank, was called to the stand by the
prosecution. In each case he testified
concerning the notes and certificates. |
The proceeds of all notes which Jones
received, after being discounted by the
bank were invariably credited to
Jones' personal account.
Elstad testified that Pat Bouye, the |
Fred Ely and Frank Athearn notes |
were in the defunct bank when taken |
charge OF by the receiver. Other note |
signers told on the stand that the pa
per which they had signed had never
been paid.