Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-10-29
Offers No Defense
DEFENSE IN JAMEsoN.MoR
BANK CASE SUBMITS NO
EVIDENCE.
RELIES ON WORDING OF
LErTERs FOR ENUMERATION
Plaintiff Also Has Surprise and Sub.
nits Evidence e Show That Jameson
Declared sosss and Central Iowa
Granite Company Wsrs Financially
Crippled Before Letter Was Written.

Crippled Before Letter Was Written.
Waterloo. Oct. 2s.-Two distinct sur
prises followed each other in rapid
succession during the trial Of the $780,
600 damage case brought by the Farm
ers' State Bank Of Morrison, against
w. r. Jameson in Judge Mullan's di-
vision Of the district court. or the two.
the greater was the action taken by
the attorneys for the defense who
declined to introduce any evidence and
expressed their willingness to submit
the case to the jury upon the wording
OF the letter written by Jameson to
the Morrison bank, which is the basis
Of the suit, and the evidence as intro
duced by the plaintiff.
Following the closing of testimony
by the plaintiff short recess was
taken at the request Of the attorneys
for Jameson and when the session
was reconvened, former Judge Ransier,
counsel for the defense, arose and
said:
TN view Of the fact that the letter
means exactly what it says and that
Its authorship is not disputed and
that under the law the plaintiff must
prove the charges 1t makes. we sub
NIT the case. You may record that
the testimony Is closed"
That this was great surprise to
the attorneys for the plaintiff, who
evidently desired to have q chance to
cross-examine Mr.. Jameson in an en-
deavor to ascertain If possible his mo-
tive in writing the letter in question,
was evidenced by the plaintiffs attor-
ney. r. ]. Williamson. In the begin
ming Of his opening address to the Jury.
What was the purpose Of Boggs in
securing that letter and what was in
the mind Of Jameson when he wrote
it?" he asked. II was surprised that
the defense did not see fit to put Mr..
Jameson on the stand. wanted him
to tell you the purpose Of that letter"
Continuing. Mr.. Williamson declared
that the only Interpretation which
could be put on the letter is that it
was desired that 1t should be acted
upon by the Morrison bank and cause
the very effect 1t did cause.-the loan
ing Of money to Boggs.
Plaintiff Springs Surprise.
But the first surprise Of the day
was sprung by the plaintiff who sub
mitted evidence to prove that over
q month before he wrote the letter to
the Morrison bank. w. r. Jameson
wrote a letter to the cashier Of bank
at Tripon in which he stated that
Boggs and the Central Iowa Granite
Company were "hard to get money out
Of" and that AZ early as June 6. 1910,
twenty three days before the Morrison
letter, the Waterloo Loan and Trust
Company, Of which Jameson was Sec
rotary. had caused to have issued an
original notice in q suit against the
granite company to collect the amount
due the Tripoli bank, amounting to
$2.500
This surprise was sprung by Attor-
ney A B. Lovejoy. counsel for the
r:aintiff bank, when he called Mr..
Jameson, the defendant. to the stand
and showing him two letters marked
exhibits and d. asked him IT the
signatures were his and II he wrote
the letters on the dates shown there-
ON. To both questions Jameson an
swered in the affirmative.
The letters were as follows, both be-
ing written by typewriter on the sta
tionery Of the Waterloo Loan and
Trust Company:
Exhibit c.
waterloo, Iowa, May 10, 1910. Ed
H. Martin. Cashier. Trtpou, Iowa. Dear
Mr.. Martin: We have your letter Of
May IA, enclosing note against Central
Iowa Granite Company CT this city.
IT find Mr.. Boggs il out Of the city
- ~, H~,,k r 1vr@n oh
after him and report the outcome as
per your request. Yours truly,
wv. r. JAMESON,
Secretary"
Exhibit o..
7 waterloo, Iowa, May Is, 1910. Ed
H. Martin. Cashier, Tripoh, Iowa. Dear
Ed: Your letter of May "a at hand. We
will make allowance on Central Iowa
Granite Company note as instructed.
II have gone after these people as
hard as can. but they are hard to get
money out Of. Yours truly,
wv. r. JAMESON,
Secretary"
Both exhibits were objected to by
the defendant but the objection was
overruled by the court.
Regarding the Suit.
The beginning Of suit against Boggs
by the trust company was testified to
by B. J. Howrey, president Of the Wat
erloo Loan and Trust Company. Mr..
Howrey said he was director and vice
president Of the Citizens Savings
Bank during the year 1910. During that
time Jameson was secretary of the
trust company.
The witness said he remembered Of
certain notes being sent to the Citizens
Savings Bank for collection. That was
in May, 1910. The notes were turned
over to the witness for collection and
he gave them to Attorney Arbuckle.
That was in May. 1910. Witness said
suit on the notes was later begun. The
original notice was issued on June 6.
1910. The claim, he said, was handled
by Mr.. Arbuclkle.
On cross examination Mr.. Howrey
said the claim was later paid in full
e .