Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-24
SMITH ON STAND
IN SUIT OF BANK
Former Treasurer of Wrecked
Trust Company Testifies in
Curtis Case.

Raymond e. Smith, erstwhile treas
nrer of the wrecked Roseville Trust
Company, was brought from jail to be
the principal witness today in a Chan
Gerry Court suit brought by the trust
company before Vice Chancellor Ste
Vens.
The ruined bank is suing Mrs. Jane
A. Curtis, of Is Ingraham place, to
establish her identity as the holder of
a $1,000 note, which she drew on. but
failed to indorse. Former Treasurer
Smith. on the stand today, was I'M
able to explain how the woman OBJ
tanned the money without indorsing
the note
On September co. 1911, a check for
$1,000 was discounted by the Roseville
Trust Company for Mrs. Curtis. The
note was made payable ito the order
of myself" The defendant contends
that the note was merely accommo-
dalton paper and that she received no
benefit from it.
Terry Parker, counsel for Mrs. Cur
tbs, showed that the defendant used
the money to finance the now defunct
Postcraft Company. of this city, In
which her husband was an officer and
heavy stakeholder Mrs. Curtis is
seventy-three years old.
When examined by Waldron M.
Ward. of the law firm, Pitney, Hard
in & Skinner, counsel for the bank,
former treasurer Smith proved to be
q conservative witness. Behind the
witness chair in which Smith sat was
Undersheriff Carl Schneider and ten
feet in front of the prisoner Under
sheriff Michael ]. Whelan was sta
toned.
Both officers watched Smith closely.
When he left the stand he was ac-
companied to q seat by the officers,
who stationed themselves on either
side of the star witness during the
rest of the hearing. Smith is q pris-
oner at the Essex County JAIL under
heavy bail, pending his trial on GRIM
inal charges growing out of the bank
smash.
On the stand Smith appeared tired
and answered questions relating to
his conduct at the bank with an air
of resignation. He spoke slowly, and.
while willing witness, he guarded
his words carefully.
Asked If he recollected the note on
which Mrs. Curtis secured $500, the
former bank official answered slowly:
1.-THE note was made payable to
the order of myself 1t was not en-
dorsed by the maker and that fact
was not noticed by the bank when
payment on the note was made. The
proceeds were applied to the payment
of another note due in January. 1872"
Smith was asked by Attorney Park
err to give detailed history of the
original note negotiated by Mrs. Cur
it's in 1911, and the subsequent renew
ais to the time that the Postcraft
concern was forced to the wall. He
replied that the history of the note
was a matter of record and that he
could not answer the question prop
hrly, as the dates of this particular
deal had escaped his memory.
Ex-Bank Counsel Testifies.
Assisting Mr.. Ward in the prosecu-
ton of the suit for the Roseville Trust
Company was G. Rowland Munroe,
former counsel for the bank, who was
also called as a witness. Another wit
ness was Sidney S. Smith, a real
estate dealer on Clinton street, who
vas also treasurer of the Postcraft
concern.
Questioned by Attorney Ward about
Mrs. Curtis's note, January 10, 1912,
she witness made positive identifica-
ton of the signature thereon as that
of Mrs. Curtis. Sidney Smith was
asked about his own dealings with
the bank, which is now so entangled
that corps of State examiners have
not been able to liquidate it accounts.
81 never transacted any business
with the Roseville Trust Company"
said the real estate broker, neither
for myself, any corporation or any
Individual person"
Sidney Smith testified that in all
there were three notes negotiated by
Mrs Curtis for the benefit of the
Postcraft Company. This concern
had a subsidiary corporation in De-
troit which it financed from Newark
The witness declared that the first
note on which Mrs. Curtis secured
money was given to the bank in Sep
TENDER, 1911, and that the three notes
aggregated $500. All of these notes
bore interest, said the witness, and
checks for the proceeds of the notes
were made payable to ]. Frank
Burke, manager of the Postcraft
Company.
Outlines Defense.
The defense was outlined by Coun-
sci Terry when he quoted the law
regulating the conditions under which
a married woman may transact bust
ness of this character. Mr.. Terry
claims that the woman was not en-
powered to negotiate the loans with
out the cooperation of her husband.
Briefs will be submitted by coun-
sci on both sides and Chancellor
stevens announced that the decision
would be reserved until he had fur
Their opportunity to examine into the
case.
Former Treasurer Smith was hand
cuffed when he arose to leave the
court room. His manacles were also
encased about the wrist of one officer