El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-22

Ana county, was put on the stand to
introduce the records of deeds, mort
cages and liens. He testified that the
residence Of Blake C. and Turner II
H. Smith, situated on lots q. rs, %
and 80, block I. Peterson addition TO
the town Of Las Cruces, was encum-
bered with the following liens: Las
Cruces Hardware company, Dec. y
1914. S464.74; r. P. Porter. for the
Porter Lumber company, Jan. ?, 1915,
S96.16; r. p Porter and W. r. Brad
ford, for the Bradford Lumber com
pany, Jan. 2, 1915, s240219; Erwin A.
Shell, for the FL PasO Tile company,
Jan. 2, 1915, S12A90; 4 w. Hoffecker'
El Paso, Jan 4. 1915, $229;1O; J. A.
Winral, Jan. l6, 1915; $3.50; W, W,
Dinett, Jan. %, S40.5O; H S Gilbert
Jan. Is, 1915, $4,000: r. W. Fishbaugh
Jan. 26, 1915, SLIPS; Las Cruces Hard
Frank NJ Hayner. trustee for the es-
tate OF W. 6. Essen, Feb ., 1915, $500;
Albert Seigal, Feb. 8. 1915, S275; II. s.
Gilbert, Feb. -. 1915. S514O45; Rath-
enberg & company, March 10, 1913,
It was shown that the Las Cruces
Hardware company lien for S46A.14,
filed twice, was filed the second time
for correction. 1T was shown also that
the lien of the Bradford Lumber COM
pany, S2402.19, was covered and in
cluded in note which Bradford per-
sonally held on a loan that he had
which was secured by a mortgage on
the Smith residence.
Contractor Testifies.
II. S. Gilbert, the contractor who
built the Smith residence, introduced
the contract between himself and Mrs.
Blake c. Smith, for the construction
Of the house. Under the terms of the
contract Gilbert was to receive IS a
day for every day except Sunday that
the work was in progress, and when
the work was completed, was to re-
ceive percent on the amount expended
for labor and materials. He was to
make all payments for labor and ma
terials by check, and the First State
bank was to take care Of his checks,
handling them in an account which was
to be designated Hugh Gilbert spe-
cial." His checks, drafts, debit slips
and statement were admitted in evil
dence.
Took steps to Protect Self.
His overdraft OF S4,632.16 at the
bank he said, represented payments
which had been made for labor and
materials used in the building OF the
Smith residence. He said he filed a lien
against the Smith residence for an
amount which included the overdraft
for the reason that he was afraid he
might be held responsible TO the bank
for the amount Of the Overdraft, and
needed protection. He said he did not
file the lien until the last day before
the time limit expired. Smith told him,
he said. that he had assigned every
thing to the bank and that the witness
would have to protect himself
smith Assumed Responsibility.
". r. Bradford testified that on
Dec. s, 1914. the day that the bank
failed. he made a loan Of $3.50 TO Mrs.
Blake G. Smith, taking as security a
mortgage on the Smith residence. The
total amount OF his mortgage was
.h.. d frH hn
OF the Bradford Lumber company lien
or s2f02.19. Witness testified that
after the bank closed on the Sth of
Dec. he heard Smith say that the II
S. Gilbert, special account, with its
overdraft. and the Las Cruces Timing
and Plumbing company, with its over
draft were his own personal accounts.
lie said that he had opened these &C
counts for the purpose or keeping track
Of the cost Of building his residence.
Smith Enters Deposits
l. b. Wooters, former assistant state
bank examiner, was recalled. He iden-
titled and examined the note register
and said Smiths note No. 2233, dated
July 3, 1914, amount $4,000, and No.
1924, dated July 8, 1915. amount $4,000,
were not entered at all. He said the
register showed notes Of the same
numbers, namely. 2233 and 2234, were
entered on the register on Oct 4, 1913,
signed by L. n. Norwood and by r. NJ
Tankersley and f. n. Hall, respective
". for $4,000 each. Witness said the
made i'm the individual ledger, were in
Smiths handwriting. Smiths ac-
count received a credit Of S495S.35, he
said. the balance Of S4165 being in
terest. He said that before Smiths
account received the credit from the
Norwood note. il was Overdrawn in
the amount Of S64S9.3S This credit
Of s4958.35 reduced Smiths overdraft
to s1531.03. the witness said
Objects to BOokkeepers.
When j. W McCarty, accountant, was
recalled to the stand. following in the
wake Of T. B. Wooters, another ac-
countant Renehau arose and said to
the court that he thought the time had
come when a stop should be put TO
the "unending parade of the book
keepers" He said that no sooner was
one excused than another took his
place, and that their testimony served
no purpose other than to cucumber
the record-that unless they were
stopped the case never would be
/ brought to a close. The court over
ruled his objection, and McCarty be-
gan his testimony.
He said his examination Of the rec
ord showed that L. =. Smiths over
! drafts were as. follows: October g.
1914. S2346.OS: Nov. 2, S2295.65; Nov.
| 10. S239g.20: Dec 8, s4539.28. He said
| that on December s, the account was
| charged with S2125 L. 3. Smiths
check dated Sept. %, 1914, amount
| S1425, paid by the Bowman Bank &
| Trust company, Oct 8, and one dated
| Nov. 2. 1914, amount 500, paid by the
| Bowman Bank &, Trust company, Nov
] 10, made up the amount Of the s212s
/ debit which was charged against the
| account on Dec s.
Checks Carried rs Cash.
Witness said that from the date
1 these checks were paid by the Bow
| man Bank e. Trust company, until they
were charged to the account Of L. B:
Smith, they must have been carried
in the cash items OF the First state
bank. Defence showed that the cash
sheet and draft register showed an
item Of s142g. and undertook to show
I that the check for s1425 probably was
read S142S, that the check was returned
TO Oklahoma, and that the banks draft