The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-04-01
Sic. miller STILL
on WITNESS STAND
Tells More About the Details
Of Smith Race Grocery
Business.

Examination OF Witnesses 1or the
Prosecution in the trial OF ess G. Race
CONTINUED In ircuit court Throughout
the day. The states evidence today at
tsesmpts to show that Race had his
personal checks charged to the ac'
count OF the Smith.Race grocery com
pany at the Citizens Dollar Savings
Bank without the knowledge OF stock
holders OF either the bank or grocery
company.
THIS afternoon o. C. Bradley was
called by the prosecution and accord.
ing to his Testimony he had been a
= gdirector of the grocery company, put
hadSonly attended one meeting or inc
directors, that being at the M OF the
Organization of the board. Or. d: !:
Fitch was called after Bradley haa
been'examtned and he testified that ny
was q st%ockholder OF the Gitlzens
Dollar Savings bank but had known
nothing or the transactions alleged In
tho indictment.
95S. r, Miller was again on the staIu
the greater part of the morning. NIL
lers when questioned by Attorney MoF'
ris for the state seemed disposed 10
answer as we'll as he could and to nave
agRCffair memory. But oil cross exanllna'
ton by Attorney Shaw for the defense
would bubble over the meaning OF the
X question and words used.
When asked what his salary haH
been from the grocery company. the
Buffalo Construction company anu the
Contamination Traction company when
he "a employed by all Of them, Miller
replied that he could not rememner'
shaw then asked him If he could give
an approximate estimate of the total
and he replied that he did not recall
the sum as it varied at different times.
HeEwas then asked to say what COM
pensation he was to receive for MS
work OF preparing the data for the
prosecution in this case. rms ne alsu
eyaded and said that he had not YET
totaled the account. Miller q pre-
yiously admitted that he was 10 re
sstye SO per day and his expenses
for this work. .,,o
Information from Miller mat ;Harly
n Smith, treasurer of the SmtthRace
grocery company had drawn checks
FOR his persona! use and had them
charged at the bank to the grocery
company's account. Miller said that
smith, however, had signed the checks
5inSthe name of the grocery company
fnEhis capacity as treasurer. Concern
ing tho personal checks of Race that
9shad been charged to the grocery com.
Snany'saccount at the bank, Miller salQ
that he himself had drawn some OF
hem and had written l.. G.. Races
naIne and his own initials were VIII
erfof the check. Miller also admitted
tint Harry F.. Smith had n power OF
attorney for the grocery company.
Assistant Y. \. Meredith for the de-
fense asked Mii:er a number of ques'
films nm the cross examination and nm
ni1v attained q statement from the
witness to the effect that he had LOOK
Al outside the books Of the grocery
COMPANY and the bank In order to pre-
nare the audit that the prosecution
Rbasel It's indictment upon. he also
said that he had used outside data
in Spreparing the audit for the trus'
tees of the grocery company. Miller
stated that he could not have prepar;:
I'D the audit against Race" IT he haa
NOT used conversations and cores
poindencc outside the records on inc
hooks at the grocery company ana
bank, A debt slip for $3,2S.2S was
presented to Miller by Attorney Mere.
sdiths and he was asked why he had
charged in his audit this to the per
3sonal account Of Race. This debt slip
was in 3payment of a Judgment against
u. "a. Clark, Harry F. Smith, Fred Beat
fy;andfL L. G.. Race. and is said to have
sbeen paid to a contractor, Queen. VINO
KdidHsome work on the Warrington
Tractior line. Miller could not give
q satisfactory answer to this ques'
ton.
Attorney Morris objected to a num-
hero of questions of Harry Shaw n on
Zone. instance tried to read from a law
book in support Of his objection. Shaw
Srotested to the Judge and Morris
was not allowed to read his selection
Dr.. w. y. Boydson was called after
MilIerand testified that he was a stock
sGiholder in and director OF he Citizens
Dollar Savings bank but h a he did
not know of the overwhelming OF the
grocery company's account by Mr..
Race until June 2. 1914.
Z. "A. Deveny was called by the state
after Boydson and testified that he as
q stakeholder of the grocery company
III had not taken any active part in the
conduct Of it's business n that he
hadSknown nothing OF the transactions
aIlsgedIto have happened between Feb
Tuary2 and June 10, 1914.
=. il. Nichols was called after Dew.
eny; and testified that he as a director
and stakeholder OF the grocery com.
panyldid not know OF the charging Of
Mr.! Races personal checks to the &C.
count OF the grocery company as the
conduct OF the business was left en-
firely to the officers Of the company
and that he had not learned of the
transactions until he was questioned
blythe foreman of the Grand Jury in
November, 1915.