Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-02-13
sur REsUITiNo FROM iNpIcr,
mENr IN oRUNDY COUNTY
BEING HEARD.
STATE chARoEs JUGGLING
or NOTES AND CONTRACT
Testimony Of Prosecution Indicates
That Proceeds Of Collateral Paper
Wore Not Turned Back to Bank at
AZ Morrison, Which ovsrIoansd TO
eeeas-Mueh interest in Hearing.

Special to Times Republican.
Grundy Center, Feb. 13.-The case OF
the State VS.. e. A. Boggs accused of
the embezzlement OF $3.50 Of the money
of tho Farmers Savings Bank Of Nor
rison, opened for trial Monday. County
Attorney H. A. Willoughby being as
sisted in the prosecution by his partner,
r. J. Williamson and by A. B. Lovejoy,
OF Waterloo.
The Jury was secured on Tuesday
and the testimony started during Tues
day afternoon. In the opening state
ment to the jury the state claimed that
II would prove that Mr.. Boggs had
borrowed large sums OF money from
the Morrison Bank and had put up as
collateral security therefor monument
contracts and notes and that MIR. Boggs
would call and set the contracts when
the monuments were set and would
collect the money and retain 1t for his
own use instead Of paying 1t over to
the bank; that in the specific charge
in the indictment they would show that
he turned to the bank contract of r.
e. Nelson, Of Griswold Iowa, and whcn
he set the monument he took Nelson's
note and sold 1t to the bank at Elliott.
Iowa. and had kept the money and ap-
propriated it to his own use. That II
would show by other witnesses where
he had done the same thing with other
contracts.
Ruling For State.
The defense made no opening state
ment to the jury. Very soon after the
evidence started, the defense raised
the legal question that nowhere
in the minutes of the testimony
before the sTana jury was there
a claim made that Boggs was acting as
agent for the bank in making the col
lections, and the jury was sent out
while the attorneys argued the legal
question to the Judge. After consider
ing the matter over night the Judge
ruled with the state against Boggs and
the trial proceeded. Had he ruled with
the defense the case would have ended
right there, The witness Reimers who
was the cashier of the Morrison bank
at the time Of these transactions re-
vealed the fact that he had loaned
Boggs something like $4,000 from
bank OF $4,000 capital and that he had
on hand at the time Of his severance
OF connections WITH Tie pouh pue "coos
$4,000 Of these collateral contracts and
notes and that he had turned over to
Boggs many contracts that never had
been returned or the money sent in 70,
them. ~, NJ ~,
MI. Kingsbury and Mr.. Porter, Of the
Reinbeck State Bank, followed on the
stand stating. that they had taken over
the Boggs paper and collateral from
Mr.. Reimers and had tried to get a
settlement from Mr.. Boggs. Cross ex-
animation of Mr.. Porter revealed the
fact that Boggs had given Porter bill
of sale Of some property in January,
1912, but Mr.. Porter has not yet been
cross examined on this subject by the
state Several witnesses who bought
monuments of Boggs have testified to
having paid for them but whose con-
tracts are still in the Morrison bank
The witnesses for the state are being
put thru a searching cross examination
by the defense: The case is attracting
intense interest and the court room is
crowded daily. 1t is evident that the
case will occupy the entire week if not
longer