Omaha daily bee., 1915-02-13
MILLER TESTIFIES
IN MATTERS CASE
Counsel for Matters Pleads With
out Success to Have the Testi-
mony Kept Out.
VICE PRESIDENT ON THE STAND

Counsel for Thomas H. Matters,
on trial in federal court for aiding
President Luebben of the First Ma
tionaI bank of Sutton to issue GER
tificates Of deposit without author
ity, fought fiercely, but without sue
cess, to have testimony by Cashier
Theodore Miller kept out Of the trial.
United States Attorney Howell aues-
toned Miller during the whole morning
on the various certificates OF deposit
which the government is offering in evi-
denee and compared them with the cor
responding entries in the books Of the
bank in order to show that in many cases
certificates issued for severdal thousand
dollars were entered In the books as
being for only $40 or go or otner small
sums, syss -sfss
Fine technical points we're drawn BY
Attorney Wilson for the defense. On
the first question which Mr. Howell asked
the cashier and which had 70 dS-sith one
OF these alleged false entries. Mr Wilson
made a lengthy speech IN which he
argued that the banks books having
been admitted &c evidence. must be con-
sidered TO be witnesses, even qs though
they were human Witnesses. AS such
they must be presumed to be telling the
truth and II the government shows that
these books contain false entries, the
books thereby prove themselves 10 be
false witnesses and not to be believed.
Another Technical Point.
At another time when Mr.. Howell In
questioning the witness referred to ''the
two top lines on the page" counsel for
the defense objected besause there can
not be two top lines on a page. Mr.,
Howell amended his question by direct
ing the witness attention to "the tor
line of the page and the line Immediately
below It." which was satisfactory.
The certificates Of deposit which are
offered in evidence aggregate nearly
$4,000
Miller testified that he had beer
cashier of the bank for fifteen years be
fore IL failed. He was absent with hll
| sick wife In June OF 1913 and from Sep
tember to the last Of October in 1918
The bank closed its doors November 3
1913
Howell Objects TO Insinumfion.
United States Attorney Howell objected
to continued insinuations by counsel fol
Thomas n. Matters that the prosecution
Is keeping. back documents in its posses
sion. He presented his objection 70 Judge
Youmans after Attorney Burkett had
given as the defense's reason for not
presenting certain documents that he
had not been able to get them
Mr.. Howell asserted that the defense
had secured an order from Judge Morris
that It should have free access to all
public documents in the case which are
in possession Of the government
"We would ask for permission TO have
someone go through these books in pos
session of the government" said Mr.
Burkett
Judge Youmans replied. This trial will
not be interrupted. You have had and
still have. the privilege at any time &c
see any OF these public documents, papers
books I'm this case in the possession OF
Mr.. Howell. and should avail yourself
OF that privilege II you wish"
Mr.. Howell gave permission to T. Fl
Matters, jr.. ana he went to the office
Of the United States attorney and re-
I turned with the papers.
( Cashier Theodore Miller was on ths
stand all afternoon. He said he had
nothing to do with keeping the bank ac.
count Of Thomas II. Matters. That. he
said. was done by President Luebben Of
the bookkeeper.