Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-03-18
PROSECUTOR
PUTS SCARLET
OVER GOALS
Begins Cross Examination
Anent RoseViIIe Trust Com
pany Case.
ACCUSED MAN LAYS
BLAME ON r. B. SMITH
Declares That He Always Had
a Balance in the
Bank.

John B. Scarlet, who Is on trial
in the Court of Oyer and Terminer,
charged with a misdemeanor in con-
nection with the alleged overdraw-
ing of his account in the Roseville
Trust Company, finished up his d.
rect examination this morning and
was Immediately taken in hand by
Prosecutor Guild for cross -examina-
tion.
The prosecutor set out to disprove
Scarlett's story of yesterday that his
transactions, for which he was in
dicted, were with Raymond E. Smith
and not with the bank.
Scarlett's wife was In court for the
first time since the trial started. Sire
was accompanied by her oldest
daughter. Both women listened at
tentively while Scarlet was being
grilled by Prosecutor Guild.
II do not recalIs,' was the invari-
able answer of Scarlet to the prose-
cutor's questions regarding the pro-
testing Of a series of ten checks foI
one thousand each, drawn by the
Middlesex Hat Company, and paid
by the Roseville Trust Company to
Scarlet. Scarlet couldn't remem-
her anything about the protests OF
the way the checks were paid, OF
whether he got the money.
Couldn't Remember Checks.
On direct examination, Scarlett tesI
titled that he deposited $5,701.30, which
he never got credit for. The prosecu-
tor produced the deposit slip and
cross examined Scarlet about each
item The first was check for 1000,
which Scarlet couldn't remember.
He said 1t might have been a check
from the Bras dor Realty Com
pany, a company he was interested
in, but he refused to admit that ths
check came back marked mo good
The second item was another chech
for 81, 700, drawn on Scarlett's own ac-
Icount in Fall River bank. Scarlett
was directed to produce his check
book showing this item
| Scarlett took the stand yesterday
| Afternoon after his counsel, Conovel
| English. addressed the jury on ths
! claims of the defense.
| Scarlet said he was married ano
luved with his wife and four chill
dren-three daughters and a son--at
| A johnson avenue. In March. 1913
and for several years prior he was
engaged in the real estate business
at 764 Broad street, was the presi-
dent and treasurer of six or eight
| land companies, had interests in the
Stevenson Rye Company OF New
York, importers of straw goods. and
| in the Middlesex Hat Company, OF
Metuchen.
On July so, 1909, he became de-
positor of the Roseville Trust Com
pany, he testified. His pass-book was
first balanced up to December 20
1910, he said and he identified the
book. He explained that he gave the
book in during February, 1911, and
never saw 1t again until It was
! handed to him by La Rue Vreden-
burgh, the deputy banking commits
sioner, when the bank was closed.
| Scarlet declared that he talked e
Smith a number of times about the
book, after he had first surrendered
ii, but did not get duplicate until
three or four months later. Then, hi
complained, he said, that the balance
in the new book which was s1S2, was
| incorrect. Smith assured him that
| the bank was right and that he could
make no correction in the balance.
Smith told me in 1911 there was
soma trouble with the account.
said he was mistaken; but nothing
was done to straighten the matter
out; 1t just dragged along.
This trouble embarrassed me con-
siderably. insisted to Smith thai
the deposits were several thousand
in excess of what the book showed :
What did he say to that?" asked
Mr. English.
HE said" testified Scarlet, ''tha'
he was sorry, but the bank was
right. IF you find you're going tc
need help he told me come to me
and tell me so and may be able tc
help you out"
Smiths Profer of Aid.
did Smith say how he was going
to help your" the witness was asked
"He told me he was making a lo'
| OF money in the automobile bust
ness" replied Scarlet. "He said he
sold more than 800 automobiles and
cleared up about $4,000 in less thar
q year"
Scarlet said further that he die
not avail himself of Smiths offer un-
til six or seven months after. The
conversation about help was In ths
spring oF 1911. he said, and he go1
help in the latter part of 1918.
| Scarlet testified that prior TO 1871.
he gave Smith notes for $500 and
s1.247. which were to be discounted
outside the Roseville Trust Com.
pany.
some money October "a, 1912. H'
asked what security I could give
and I told him that some loans wers
about to be put through by two
building and loan associations, but HI
said that wouldn't be satisfactory
Then I offered the premises at 4
Johnson avenue. He said that wa:
all right.
HE said to me: Don't make ou
the deed In my name, because I an
having some domestic trouble-m,
wife wants to get a divorce-and i
| the deed is in my name there will b
some complication in the title.'
1--WE then agreed upon Nicholas r
Sica as trustee to hold the property
| under an agreement for Smith. W.
signed the agreement in triplicat'
and Mr.. Sica, myself and Smith go
| copies"
The copies were put in evidence,
|, The prosecutor called attention Il
the fact that Smiths copy, pro
duced by the State, was not dated
as the others were. He said II wa.
an important difference.
Mr. English's questions tended Il
show that all Scarlett's dealings wer'
with Smith personally and not Will
the bank.