The Washington times., 1914-07-17
CHECKS
FIGURE IN HEARING
Question of Justice Wright
Acting in Legal or Business
Capacity Is Point.

eStfmony before the commlItee IN
y ght today centered around the ques-
iC Of whether Justice Wright acted
a legal or business capacity for the
tied States Savings Bank in advis-
n two attorneys that the claims of
hoir clients were not legal.
-Nttorney Joseph l. Topper and Attor-
ne Mark A. Stearman told the commit
be, that their clients claimed damages
by reason of the fact that the bank re-
fused to honor checks presented when
eufncient funds were TO their credit to
meet them. The attorneys were refer
rel to Justice Wight, whose services
the attorneys said were interpreted by
them TO be of a business character. At
the time. the Justice was vice-president
o the institution.
Mr.. Topper said he realized his claim
vas predicated on an error of the
bank clerk. and the clerk would be
expected to make it good. Mr.. Stear-
man said his client was subsequently
accommodated by the bank and de-
clined to bring suit
Attorney J. H. Bilbrey complained
to the committee, that Justice Wright
eliminated some exceptions from a
II Of exceptions in a case. by rea
son of which his case was weakened
in the Court of Appeals"
Bank Cashier Called.
At the outset of the hearing. Wilbur
/ Zepp. cashier of the United States
wings Bank. advised the committee on
the state of funds in the bank on Feb
l-lary s. 1910 the date on which Attor-
ney william E. Ambrose, as collector of
the estate Of Lawrence Morisey. with
drew So, 500 from the account. Mr.. Zepp
aid he had no personal knowledge OF
the check presented by Mr.. Ambrose.
/ but that the character of the funds the
| Z lowing day indicated that the check
= as honored by some $4,000 in cash and
a check on the United States Trust
| company for $4,000. Previously in the
earring, testimony mad been adduced to
Indicate that Ambrose cashed the check
| on the estate without the check bearing
the counter-signature of Mr.. SWORN
stedt. who acted Jointly with Ambrose
as collector.
Details of the failure Of the United
States Savings Bank to honor two
rhecks of patrons. when sufficient funds
ere credited to their accounts TO meet
hem, was then given the committee in
the examination Of Attorneys Joseph
attorneys told the committee they were
told by Justice Wright, then vice presi-
dent of the bank, that the claims of
their clients were not valid. Neither wit
ed upon Justice Wright as acting in a
legal capacity.
Met Wright In Park.
Mr. Topper told the committee that
he represented a client who claimed
the bank failed to honor a check wheT
there were sufficient funds to meet it
Of his client on November Z, 1911, and
on November Il following he received
a reply --....
Between those two dates Mr. Tep
per said. Justice Wright met me IL
the park near the City Hall and told
me that my clients claim was rot &
valid one and should not be pressed
He did not tell me in what capacity h
spoke. I told Justice Wright that
called the claim was predicated or
The error of a clerk in the bank and
that the clerk would be expected t.
make IL good. / advised him that
would do all / could TO have my Glen
withdraw the claim
Answering Congressman Nelson, Mr.
Topper said that he did not know a
the time in what capacity Justice
Wright spoke for the bank Il wal
surprised that he spoke to me abou
IT," said Mr.. Topper. He made M
EXPLANATION whether he represented thu
bank in a legal capacity or otherwise.
Did not Justice Wright tell you tina
the bank would communicate with ycl
about he matter? asked Attorne!
Darlington.
''Be might have said so. hut / d.
not now recall" replied Mr.. Topper.
Mr. Darlington advised the COMMITTEE
the case was one which he had had n
opportunitv to investig gate and asked 70
the privilege of recalling the witness 70
lot
granted.
Had a Similar Claim.
stearnan explained to the commit
tee that he represented a client in
similar matter and that he wrote tn
bank about the claim. Il did not re
ceive a response from the bank with
in a reasonable time" he said. an
tclephoned. I talked with Mr.. Stay
bauRh. then the cashier, and he r.
ferred me TO Justice Wright, who h
said was q member of the board 9
directors. I subsequently saw justic
Wright in his chambers and ne tol
me that the bank felt that my clier
was not injured and that the claim
would not be paid"
sDid you tell Justice Wright tbs
Mr.. Slaybaugh sent YOU" aske
YES I advised my client that II
bank did not feel that his claim wa
valid. and later he had paper di
counTed at the bank and he did NJ
lie the suit
"why did you see Justice Wright
chambers" asked Congressman Ne
TT was the most convenient pla'
20 see him. 1t is right across tro
my office"
IBID Mr.. Slaybaugh say in what q
pscity Justice Wright would act"
He said Justice Wright was
member of the board Of tie hank.
IBID YOU figure Justice Wright w;
acting in q business capacity or a /
gal capacity" =,
In a bushes capacity Tor u
bank"
Did il involve legal matter
THE validity of the claim Involve
legal matter"
Result Would Try Same.
The witness said in discussing Il
matter with his client. he did not me
ton that Justice Wright acted for q
bank He added that the same resi-
would have ensued had he took 4
matter Up with any other officer or 4
attorney Of the bank, inasmuch as
client by reason of the Accommodate
by the bank discounting in u papf
elected not to press his claim.
When questioned by Attorney Dal
ington, Mr. Stesrman maintained IN
,bs final determination of the clai