Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-18
TRIAL OF SUIT FOR RECOVERY OF
OIL STOCK PURCHASE MONEY
REoPENED.
PLAINTIFF RESTS ITS
CASE; DEFENDANT OPENS
Alleged Conversation Between L. M.
Osborne and c. n. e. Boardman,
Latter Valentines Attorney, Impor-
tant Bit of Testimony IN Hubbard's
Behalf, Plaintiffs Attorneys AIIese.

The stunt brought by Ross w. Hub
bard, formerly president of the Con-
sumers' Oil Company. to recover $3.50
from r. G. Valentine, who was presi-
dent OF the company before Hubbard,
was resumed before Judge Willett this
forenoon in the district court. Hub
/, bard's lawsuit is based on the allega-
tion that he was forced to buy out VAL
entine under threat of criminal pros
ecution if he did not do so
After examining four witnesses In
Guiding Hubbard. who had already been
on the stand at earlier hearings of
the case, Hubbard's attorneys rested
their cases hortly before noon.
1t is probably they will have wit
nesses in rebuttal. The frs. witnesses
called by Valentines attorneys were
Iowa Savings Bank: Cashier c. c.
and Cashier Harry *. Denmead, of the
First National Bank.
Another Letter in Evidence.
In addition TO Hubbard, the plain
tiff's other witnesses we're Cashier H.
Bank; Tom E. Adams, al one time an
employee of the Consumers Oil Com
pany; and L. NJ. Osborne. president
of the Marshalltown Buggy Company.
A letter written by Osborne TO Hub
bard under date of April 20 was one
of the important bits of testimony this
forenoon.
Hubbard testified hat in conversa-
ton with Osborne NJ ondav, the latter
had told him that before the COM
mencement of the trial c. H. E. Board
man, Valentines attorney, had asked
osborne if he was friend Of Hubbard.
Osborne had replied that III was. Hub
bard testified Osborne told him tina.
Boardman had said that some one
ought TO write Hubbard and tell him
that If he came here tor this trial he,
(Hubbard), was likely TO be indicted.
Shortly before the hearing adjourned
in April Hubbard's attorney introduced
in evidence an anonymous communica-
ton Hubbard had received in Okmul-
gee, Okla, warning him that if he came
here he would be indicted.
Osborne's Letter in Court.
Hubbard had heard of this alleged
conversation between Osborne and
Boardman. He wrote Osborne about it.
and Osborne's reply, which was intro
duced in evidence reads as follows:
r.. w. Hubbard. Oknulgee, Okla
Dear Sir: Replying to your valued ia
Vor just received will say that l did no.
get any information in such shape
that it would be of value to YOU or
rather in such shape that il could ne
used. It was merely a suggestion with
out implication or proposition of any
kind that would be of value as testi-
mony.
1t was enough, however, to make
me believe in my own mind that there
was put up job on you. If il would
have been in such shape that it was of
value or could be used 1 would have
told you about it when you were here.
but will De glad to go over the matter
with you when you will again be back
in town.
Glad yon got back home So fely. and
trust when you get back 10 town you
can win in your case.
Yours very truly,
Il. NJ. OSBORNE"
It was to go over it with Osborne
that Hubbard talked with Osborne
Monday.
Talk Not Confirmed.
Osborne did not entirely verify Hub
bard's conversation of what Hubbard
said Osborne told him Boardman had
said to Osborne. Osborne testified
Boardnar and he had had a CONVERSE
ton about the case, but ne would not
state positively that Boardman had
suggested some one should write to
Hubbard to keep away from the trial
or he might be indicted.
T. E. Adams, who Has clerk for
! the Consumers Oil Company al the
time Hubbard bought Valentines stock,
and who signed as a witness the agree
ments of sale and purchase entered
into by r. c. Valentine AMI Hubbard.
| did not have very distinct recollec-
ton of what happened in the offices
the day Hubbard alleges he bought the
Valentine stock under duress. Adams
! remembered signing the documents a,
| the request of r. c. Valentine.
II. S. Lawrence, cashier of the Iowa
Savings Bank. testified 20 a line OF
notes totaling several thousand dollars
| that r. c. Valentine took UP at the
Iowa Savings Bank, Aug. I. 1913, the
| day following the Gate when Hubbard
1