The Alaska citizen., 1912-12-16

great many instances.
John A Clark No 23T. BY Mr.
Gibson;
Q-Where do you live? A
/ Fairbanks, Alaska
/ Q.-What is your profession? A
/ am an attorney at law.
/ ON this 23rd day of Septem
/ Der. 1910 Mr.. Fink: Eve Will
admit he was duly commissioned
| and acting notary public"
Q.-Were you on the 18th dav of
September, 1910? Al was.
+ Q.-Had you filed your official
bond and transmitted your Official
oath to the secretary of common
/ wealth, TO the secretary of the ter
ritory of Alaska? Al had and had
/ my appointment
Q.-l show you exhibit No. and
call your attention to the written
oath and certificate on the back #
/ that report. Is that your signature
to the certificate there? Alt is
/ Q. - Is that your seal? At is
o. call your attention TO the
signatures, Il. T. Barnette" and
! 81. f. Wing" to those oaths at
! tached. Were those signed in your
presence by the defendants f. T
Barnette and L. f. Wing? A.-No
sir
Q-Are you acquainted with their
signatures? Al am.
Q.-They We're not signed in YOUR
present? A.-No, sir; they were
not
Q.-Are these their signatures re
spectively, Barnette and Wing? A
They are.
q. - Did you administer the oaths
to f. I. Barnette and l.. T. VIM
as to the truth and correctness Of
that report? A.-No, | did not
Q-lou have here certified that
they were subscribed and sworn to
before you on the 18th day of Sep
TENDER, 1910. | believe? A-Yes
Q-fou say, however. that Won
did rot swear them. A-No.
Q.-And they were not subscribed
to in your presence? A.-No
Q.-How did that Gomez A-At
the time those papers We're prepared
my office was upstairs over the
Fairbanks Banking company. pu
my signature and seal on the pa
pers, and | also think | signed nj
that time. attestor. as a director OF
the bank, and took them downstairs
INTO the bank to be signed by Bar
nette and Wing. They We're not in
at that time. | left them there, |
think with Mr.. Jackson 1t was
'l'her noon-time or in the evening.
ana neither of them was there
Ieft them there to be signed and
forgot all about them until a long
time afterwards.
by the Court: Did these men
ever appear before you as notarya
A.-No. They had in other instances
but not in that instance If the court
desires, will explain just how the
matter came up.
The COurt-Proceed. A.-Jackson
came into the office as remember
it, stating that they had overlook
ed ming their annual statement
The reason it is impressed so
strongly on my mind is that | hal
been attorney for the bank but
couple of months. and | was bamina
myself for not telling them to file
mat statement during July He said
something about their stonog-
rapher being busy, and asked me if
one of my stenographers could pre-
pare the statement, and brought
me a copy of the statement. prerar
ed, as he stated, by Mr.. McGinn
and used the preceding year. The
statements We're prepared. They
were in very great hurry for some
reason-a boat was going or a mai
was going and they We're in a very
great hurry to get it out. So they
brought a copy of the document o.
the board of directors. think il
was prepared up to the night of the
10th. or whatever the date shows
and the copy that had been used
the preceding year was given to my
stenographer with this other state
ment. and the only thing to do was
to copy and fill in the blanks When
the stenographer got through with
it, ! was going to administer the
oath, and to save coming back up
stairs. | simply signed my name. and
put my seal on 1t and went right
downstairs with it to have them
sign 1t, as | stated before. Neither
one of them was in and | left it,
| think it was with Jackson. in
tending to go in there later and
swear them to it. and | forgot all
about it until, | don't know, about
two or three months later, when !
had occasion, for some reason to
look up this statement, and then |
remembered l hadn't sworn them to
it. Those are the circumstances
under which the transaction took
place | might state that | never
have been asked by the prosecution
anything about this. and was not
before the grand jury in regard to
this matter as this is the first time
the prosecution has asked me what