Omaha daily bee., 1915-02-12
KNEW OF NO LLEGALTTY
Vice President Of Bank So Testifies
in Trial Of Attorney 4. H,
Matters.
NOT AWARE OF EXCESSIVE LOAN


George Honey. vice president OF the
defunct First National bank OF sutton.
testified In the trial OF Thomas II. Mat
ters yesterday. that he had not been
aware his bank had outstanding loane
greater than the law allowed and that
he had not known how. TO what extent
the bank might make loans legally.
An extra big table was brought in to
hold more than 800 documents. which
have already accumulated.
President Melchior Iuebben Of the bank
wss finally turned over TO tie defense
for cross-examination upon the evidence
he has given in his naturalization OF
2Sl exhibits The defense objected to
starting its cross-examination until the
government has finished with him alto
Eether. Cross examination by defense
was postponed and oHney was called.
Attorney d. J. Burkett for the defense
read a long list of names OF persons
whose notes are alleged TO have been
held by the bank. Concerning certain
names that the witness did not recolleet
OF know, the attorney inquired, That
was fictitious, person, was II not!
United states Attorney Howell finally
objected to this kind OF croes-examina-
ton and Judge Youmans sustained him
on the ground that the defense I'm its
questions regarding these alleged notes
assumed that such notes were in ex-
Istenee without advancing proof that they
were.
Pass Book in Evidence.
In the morning a two-hour fight
resulted in victory for the prosecution
in having admitted as evidence a pass
book OF Matters containing entries Of
his account in the First National bank
of sutton.
President Melchoir Luebben Of the de-
funot bank was on the stand all morning
identifying exhibits TO be used in the
trial. All went with only the usual
Istereotyped objections OF the defense
until the pass book was reached. This
was objected to as evidence on many
grounds, one being that there were two
books, one kept at the bank and the
other sent back and forth from the bank
| In Sutton to Matters in Omaha. The
court finally held that the book, II sc-
ceptabie as evidence, must be offered
| in connection with letters Identifying It.
| Luebben then looked through the cor
respondence and picked out seven letters
and the government again offered the
book in evidence.
Book - Correct.
The defense offered seven objections ana
Attorney Wilson for the defense declared
in speech that Matters had protested
in some OF these, seven letters that the
passbook was incorrect in its figures.
which showed that his account was over
drawn.
| Judge Youmans signifled that the book
would not be admitted II this were true.
and asked to see the letters in which such
protests were made. Mr.. Wilson was
unable to find any. The passbook was
admitted.
| United States Attorney Howell then
started reading the seven letters to the
jury.
A carbon copy Of "A letter purportng
to have been written by Luebben to
Matters, April Is, 1919. stated that Mat
Iters' account in the bank was overdrawn
Iss,41s. In carbon copy of a letter pur-
porting 10 have been written by Lueb'
ment to Matters. May Y. 1913. the former
| notified Matters. Your account Is ss.2S
overdrawn."