The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-01-07
tcontinued trom page one.l

NConIlnueo from rage One.g
were taken from persons absolutely
irresponsible financially, and sold in
the east or held as credits by the
bank.
In connection with false certificates
OF deposit. the name of George Ma
hon, OF Fargo was mentioned. The
PROSECUTOR asserted that the evidence
will show that Mahon received a false
certificate of deposit from the First
National bank Of Rugby for $3.50.
which he sold at Arvilla. N. D.. for
$1,000, turning over the proceeds to
Andy Jones. No attempt was made
to enumerate the alleged fraudulent
notes which Jones had received. know
ing the signers to be worthless. Only
the very brfefest statement was made.
EIstad First Witness.
The first witness called by the gov
eminent was E. J. Elstad, bookkeeper
and assistant cashier from 1907 until
Jan. 4, 1903, when the doors Of the
bank were closed by the government
and the institution placed in the hands
OF a receiver. Since that date Elstad
mas been employed in assisting the re-
GCANSE Will UOOkS FOl OdLlk.
For over an hour Elstad was engag-
ed in identifying thirty-seven exhibits
offered by the government, composing
all the books and records used in the
conduct of the business Of the defunct
bank. Each one was taken UP separ-
ately and gone through by Elsrad, who
next to Jones, managed the affairs of
the bank.
A feature which may prove OF de-
cided Importance In Elstad's testi-
mony was the identification of five
notes aggregating $4,000. which he
claimed were discounted by the hank
and credited to the account OF Andy
Jones. These notes, the dates, amounts
and signers were:
Pat Bouye, July %. 1907, for $1,000,
payable to First National bank OF
Rugby.
Fred Eley, March is, 1908, for $4,000.
payable to First National bank of
Rugby.
Fred Eley and H. H. Hall, March Is,
1908, $1,000, payable to First National
bank Of Rugby.
payable to First National bank OF
Rugby.
John Bouye. March q, 1908, for 81, 800
payable to First National bank of
Rugby.
The witness stated positively that
the face of these notes were credited
in each case of A. II. Jones. Many of
the deposit slips were made out in his
own hand writing, with notations on
the bottom giving the name of the
signer Of the note.
Ries on the Stand.
In the middle of EIstad's testimony.
he was Temporarily excused to allow
Henry E. Ries, bookkeeper at the bank
to identify the Eley and Hall notes.
Fies was uncertain on some points.
On cross examination he stated that
none OF the testimony given was from
knowledge, but rather from
the books Of the bank.
About $1,000 Credit.
When court adjourned for noon re-
cess, the matter of a credit of $4,000
for Jones, with a subsequent debit of
the same amount TO the National
Bank of Commerce Of Minneapolis was
being taken up. Elstad stated, that
~ANAO Az W SAplet4H
saction. The point was still unset
tied when court adjourned.
Purcell in the Case.
Atty. w. E. Purcell Of Wahpeton.
who was unable to reach the city in
time for the opening of the case yes
terday afternoon, occupied the first
seat Of the counsel for the defense this
At his elbow was Judge En-
gerud, with Jones in the rear. Assist.
Dist Atty. w. III. Barnett conducted
the examination for the government,
with Dist. Atty. p. H. Rourke and John
Proctor. expert accountant all actively
engaged in the case.
It was evident from the start that
egal battle, second to none, is prom
sed. Objection after objection was
hurled by the defense. Not until Judge
Amidon accepted q blanket objection
10 all testimony given by Elstad with
reference TO records which had not
been introduced in evidence or of
which he had no personal knowledge,
was the progress increased. The court
stated that he did not wish to have the
case hindered any more than absolute
" necessary. It was stipulated that
the defense takes exception to all rul-
Ings Of the court in denying their mo-
tons to strike out evidence, this fea-
ture being implied in each instance.