The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-08-12

TRIAL ENDS
NOISILY.

ended in an exciting manner outside
of the courthouse when heated words
and a number of blows were exchang-
ed by some of the opposing parties.
Mr.. LOTUS in giving his version Of
the affair stated to a Representative
of The Forum that when he left the
entrance of the courthouse he noticed
Mr.. Adams and Magnus Johnson were
In a controversy at the end of the walk
leading to the courthouse from the
street. MIR. Adams raised his hand
and it was evident that Mr.. Johnson
hough he was going to strike him"
said Mr.. Lotus, land Johnson struck
at Mr.. Adams, knocking his hat off.
"Judge Witherow and I both went
to the two men and things quoted
down. / then walked down to the cor
ner by the church and was standing
there when Mr.. Witherow passed and
ing a name I always resent. You can
see the result, Mr.. Witherow has a
couple of scars on his nose, while 1
haven't even a scratch. l. have never
been called the name Mr.. Witherow
used but three times in my life and on
all occasions / have knocked the men
down." w.
Judge Witherow's story of the at
fair Is the same as Mr.. LOTUS as far
as the early proceedings are concern
ed, but he denies that he called Mr..
LOTUS any name at all and stated that
Mr.. Lotus called him names and at
tackled him.
The affair probably eliminated as a
result of the excitement of the after
noon. Both he ombatants were will
ing to give their version Of the battle
to the wal correspondent and did not
even ask to censor the news from the
front.
Those who witnessed the verbal and
fistic bouts said that they were quite
exciting for a time although the on
fict did not last long. Judge With
crow and Mr.. LOTUS were reported
to have been the principal contestants
in the struggle, which probably was
not a bloody affair as both men were
in court this morning evidently en-
Joying as good health as usual.
The entire. afternoon session was a
heated one and District Judge C. A.
Pollock often had to rap for order.
1t. was during this part of the hear
ing that the bitterness. which resulted
in the outside demonstration, was en-
gendered.
The session this forenoon was large
ly taken up with the presenting of ex-
hibits n the examination of Mr.. An
derson of the Equity organization. A
great part of the time was taken up
in presenting some books of the Equity
corporation and getting them in as
evidence. These books were desired
to be presented earlier in the trial
but the counsel Of the company refused
to admit them to the court. Today
the counsel for the Equity exchange
attempted to present a certain number
Of items in these books, using the
items as evidence but still retaining
the books as a whole. Judge Pollock
refused to admit them except as ex-
hibits as "a whole in which the oppos-
ing counsel would have opportunity
and privilege of examining them. Ger
titled copies Of the articles of incor-
%poration and the bylaws of the Elk
change were entered as exhibits with
out opposition of the Equity attor-
neys and Mr.. Anderson was then plac-
ed On the stand.
He was examined by Judge Enger-
I'd as to the number of employees in
the various offices of the organization
and as to what salaries were drawn
by these employees, but his knowledge
of the salary of the employees was not
very extensive he stating that he had
little to do with the salaries of the
employees except in the Superior office
of the exchange. where he and Mr..
Saunders were in charge.
The object of most of the evidence
taken his morning was for the pur-
pose Of bringing out the alleged dis
crepency between the books of the
organization and the published state
ment to- the stockholders of the COM
pany. Mr.. Anderson testified that a
separate set of books were kept in
each OF the various offices of the ex-
change and that a geenral entry Of
the accounts in each set were not en-
tered on the other sets until the end
of each fiscal year. On cross exa1nina-
ton he stated that he had asked Judge
Engerud, to make an inspection of
the books in the offices at Minneapolis
and Superior but that he refused to
do so. He was also asked by the coun-
sci for the exchange if he had any
conversation with Judge Engerud as
to the bills payable and he testified
that he stated the bill payable We're in
the Minneapolis office and that he did
no know that there were any and be-
lieved there were not. 81 did not con
slider that re-discount notes as bills
payable said the witness. He stated
that they were put in the, banks as
collateral.
On redirect examination Judge
Engerud asked h witness If he knew
that the exchange owed r. H. johnson
a bill of something over 5000 to which
the witness replied that he did not and
that he was not sure that he knew
row.
The question of the re-discoTnt
notes brought out the question of who
issued notes and Mr.. Anderson replied
that Mr.. LOTUS had that power anG
also of discounting notes. When ask
ed If there was any check on Mr.
LOTUS kept by the directors and il
he was responsible to them in the mat
ter of issuing notes for the company
Mr.. Anderson said that he was re.
sponsible to tho directors, but it was
brought out that Lotus did issue notes
on his authority and evidently
without consulting the directors of the
exchange until afterwards.
Later in the morning session, in Of
fering the books of the exchange as
evidence, objection was made by Judge
Engerud, the objection being o . erruled
by the court.
Lucille Love, the girl of mystery