Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-02-13
FORMER ALTOONA BANKER ON
TRIAL ON CHARGES OF
CONTEMPT.
WIFE SHOWS HE TRIED
TO DISPOSE OF PROPERTY
Had Been Enjoined From So Doing
Pending Suit to Set Aside Divorce
Demonstrating Held at Minneapolis
Case Continued One Week, Pending
Hearing on Divorce Section.

minneapolis, Feb. 13.-Letters from
A. D. Clarke, former president of the
Minnesota National Bank, and for
many years a banker at Algona, Iowa.
offering to sell his stock in the State
Bank of Algona, to the cashier of the
latter bank, We're read in the district
court where Mr. Clarke had been or
dered to show cause why he should not
be punished for contempt of court
Mr.. Clarke was enjoined from dis
posing Of any of his property when
Mrs. Clarke began proceedings to have
a divorce obtained by him set aside.
That was late in December and letters
concerning the proposed transfer after
that date were read today. Mrs.
Clarke's attorney showed to the court
a week ago affidavits to the effect that
Mr.. Clarke had sold 10000 acres of
land and LOO shares of stock in the
Algona bank. He claimed these trans
actions were in violation of the order.
The court was unable to conclude the
hearing today and continued it for
one week.
On the stand today Mr.. Clarke at
first denied that he had ever offered
to sell $50 shares of the bank stock
to c. T. Chubb, cashier of the Algona
bank. Asked a second time he said he
did not think he had ever offered the
stock for sale.
Later Mr.. Richardson read a letter
from Mr.. Clarke to Mr.. Chubb. in
which Mr.. Clarke said he had arranged
to sell the bank stock TO Mr.. Chubb,
but wanted the transaction kept strict
ly confidential because of certain con-
ditions.
Mr.. Clarke said this letter refreshed
his memory, but he remembered that
the deal had been called off because of
the restraining order. He had expect
ed. he said. that the restraining order
would be dismissed early in January.
This letter was written after the re-
straining order was issued.
In explaining the transaction of stock
Mr.. Clarke said it was merely given to
Mr.. Chubb as collateral for loan Of
$4,000 which he used to pay off obliga-
tons to bank in Fort Dodge. He
said he had received the $4,000.
On cross examination 1T developed
that he had given Mr.. Chubb $50 shares
of stock worth $1,000 as security for
the $4,000. He had at first given his
note for the full amount he said. but
Mr.. Chubb wanted two notes and he
never sent him a. note or security for
the balance. He said Chubb merely had
his word Of honor for the remainder of
the money he had received.
After this testimony Mr.. Richardson
read another letter Mr.. Clarke had
written and which he admitted he sent
to Chubb. In this letter Mr.. Clarke
said:
II want this transaction to appear
as a loan. My attorney wishes it to
appear as a loan at the present time"
This letter was written late in January.
Points to Attorney.
Asked what attorney had advised
him to have the transfer Of stock APP
pear as loan, Mr.. Clark pointed to D.
F.. Carmichael, who, with A. M. Keith,
is conducting the case for Mr.. Clarke.
Mr. Clarke's memory was poor on
many points and when asked If he had
ever offered the bank stock for sale he
said. II don't think l ever did"
Asked why he answered in that way
he said he wanted to he safe
do you mean safe from perjury Z:
asked Mr.. Richardson.
"No, I merely want to be fair in the
proposition" replied the witness.
In one letter Mr.. Clarke referred to
the restrictions, just or unjust" and
explained that he meant the restraining
order.
In explaining the allegation of Mrs.
Clarke that he had transferred 10000
acres Of land, he said he had merely
accepted an option on contract signed
before the restraining order had been
issued.
Mr. Richardson told the court he was
unable to serve the papers in the con-