Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-31
e. A. BOGGS ADMITS DISCOUNT.
ING DUPLICATE EVIDENCES
OF DEBT.
TRIAL OF FAIRBANKS CASE
IN PROGRESS At WATERLOO
Two Notes Appear to Have Been CIV
on as Matter of Accommodation and
sosss Forgot Existence Of One -
Court Orders Judgment Against
Granite Company.

Waterloo Oct. 31.-That Mrs. Annie
O'DonnelL Of pousherty. gave the Cen
trail Iowa Granite Company two notes
for s1S5 each in payment for the same
monument and that he discounted one
OF them at the Fairbanks State Bank
and discounted the other at the Shelf
field National Bank, was the state
menc made by E. A. Boggs on the
witness stand in Judge Dunham's d.
vision of the district court while tes-
tifying in the case OF the Fairbanks
bank against Mrs. ODonneM Boggs
stated, however. that at the time the
second note was issued and he dis
counted It. he did not know OF the ex-
istence of the frs. note.
The suit IS one 10 collect S1S5 and
interest on the first o. these two notes
and as a coincidence every one of the
Plaintiffs witnesses, With the possible
ants 10 the suit.
The Central Iowa Granite Company
and E. a. Boggs were also made de-
PENDANTS and the jury was instructed
by the court 10 return q verdict in "a
vor OF the bank and against Boggs
ard the granite company in the sum
OF s2G5S6, which is the full amount
of the note and interest.
AS the granite company and Boggs
are bankrupt, the case continued as
regards Mrs. O'Donnell as defendant
The first witness FOR the bank was
J. F Heath. who was salesman for
the granite company and who sold
the monument to Mr.. O'Donnell.
He testified in effect that pronais-
sorry note was attached 70 the monu
ment contract, the two being separated
by perforations. Miss Bridget O'Don-
nell. daughter Of Mrs. O'DonneL. he
said. signed the note at the request
of her mother. signing her mothers
name and then her own.
He said he turned the contract over
70 Boggs in Waterloo and that in his
presence Boggs tore the note from
the contract.
Miss Bridget O'Donnell. the daugh-
ter. said she signed her mothers name
and her own to the contract by her
mothers orders but did not understand
she was signing a note. Thought It
was only an order for a monument
Heath read the contract to her and her
mother. she said She declared her
mother did not authorize her to sign
any note.
Signed to Please eosss.
Referring to the second note. given
when the monument was set up she
said her borther signed, her mothers
name to it and then she signed her
own name under her mothers She
said Boggs asked her to do that as
he wanted 1.-The note to be signed like
the contract was"
She declared that when she signed
the second note she did not know any
other note was in existence. The sec
ond aote was dated May IS, 1911, and
made payable May l, 1912. 1t was paid
June i3, 1912.
eoess on Stand Again.
the plaintiff. He identified the note
He said II was given 20 him at his
Office Boggs also identified the sec
ond note He said when II was made
out and signed. which was at the
time the monument was set up, he
There was no conversation about any
previous note at that time, he said. He
was sure Mrs ODonnell or her son or
daughters had no knowledge there was
another note out
He was shown blank contract form
used by the granite company. with
blank note attached. He identified it
and said the company used several
forms of contract. The first note, he
said, was not part Of the contract
proper They were two separate in
strunlents, one the contract and the
other the note. He said he did not
have the O'Donnel contract when he
delivered the monument Did not re-
member Of ever seeing it. Had hunted
for it and could not find 1t.
On cross examination Boggs de-
clared emphaticaiIy that when he re-