Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-04-06
DEFENDANTS
SCORE N THE
YOUMAN' S SUIT
Judge Keenshaw Says Witness
Should Be Severely Fined
for Contempt
DAMAGING ADMISSIONS
MADE BY PLAINTIFF
Il Was Non Compos Mentis"
Said the complainant When
I Signed That Contract
DAMAGING ADMISSIONS
MADE nv pT,AINTTFF

Minot, N. d., April 5.-Under grill
ing cross examination by Senator Pur
cell, Youmans was forced to make ad
missions, many of which were
damaging to his case. upon which the
whole structure of the case depends
The defense has always claimed theil
transactions were bonatide with You
mans: that they took over assets al
the defendants request so as to save
him from ruin and depositors from
loss. At the outset Of the case con
tract was produced which showed
Youmans had voluntarily entered into
it with the local defendants. This
mutual agreement between all parties
governed conditions by which the 10
cal defendants took over the bank and
liquidatcd il. At tOday's examination
Senator Purcell showed by various pa
pers compiled by Youmans that he
furnished at the time OF the failure,
that at his own best figures. including
all good assets OF the bank. plus a
mortgage to be given on YOumans
home in this city and on a business
block down town, including the old
bank and fixtures. totaled approx
mately SAL 1000 while the absolute in
debtedness, other than capital stock
exceeded SAT 900. Deposits owing de
positors was over $55,OO0, from which
$4,000 was not to be paid as 1t was
individual deposits OF either Youmans
or his trust company. and showed as
liability OF the hank This was not
cash deposit. but credit built up by
disco,lnting the sum of $4,000 worth
Of paper that was claimed to be worth
less. Purcell also forced an admis.
sion from YOlmans that he had tried
to liquidate the hank and interest per-
sons, in purchasing assets, among
whom were NJ. II. Porter and JOurgen
Olson, neither. of whom seemed inter
ested .' .
~tsif Pleased at Escape. ~.
That Mr.. Youmans was pleased to
have local defendants take over the
bank is the contention Of Mr.. Purcell,
who exhibited letters written by You
mans to Attorney McGee, which let
ters were written in most friendly
tone and sometime after the closing
of the bank. BY these the defense is
trying to prove that Youmans not
only agreed to the transfer but was
highly pleased with the outcome of
his release from his difficulties. This
was further increased by the fact that
approximately two years had elapsed
before the commencement of this suit.
The climax OF the Youmans case
was reached at this point, when Mr..
Youmans, in discrimination, testi-
fed that when he signed the contract
conveying his interests in the jank to
other parties, that he was in duress
and not in his right mind and not re-
sponsible, AMI non-compos-mentis.
Excused Jury for Time.
The question of proving the value
Of the assets other than those on the
banks books, was argued at length
while the jury was excused. The
court ruled ''they would not pay de-
positors'' on more alleged Invaluable
paper amounting to $4S,o7S, was
brought out by Senator Purcell.
Defense Rested Case.
At this point the local defendants
rested and Attorneys LeSueur and
Manahan took over the witness. Here
is where the fireworks started. The
attorney for the plaintiff attempted at
this point to introduce evidence
against the voluntary contract entered
into with the local defendants. The
Jury was excused while Attorneys ar
gued the motion. 1t was now that the
plaintiff received body blow from
the court, who sustained the cOnten-
tOn of the collective defendants. Re-
direct examination of Grant S. You.
mans continued by LeSueur, who of.
fered in evidence four bank state.
ments. together with publishers suffi-
dayits. He attempted to prove that
these affidavits did not carry with
them the entire assets of the bank.
This was objected to for various reas-
ons, among them being that Plaintiff
Youmans had sworn to the correct
ness of bank statements. Mr. LeSueur
took UP the matter of $4,000 worth
of paper which it was alleged was is
sued to and signed by strangers,
trampS and lOafers. The introduction
of these papers consumed practically
all afternoon To each one of the mo-
tions submitted, the defendants at
torneys objected and in every in
stance the objection was sustained.
During the forenoon Plaintiff Grant S.
YOumans continued to volunteer evi-
dence and no objection of Attorney
General Murphy. who also moved this
evidence be stricken out of the court,
said, "the witness ought to be severe
lv fined for contempt of court: | don't
desire to do so at this time. but will
see what develops later and then de-
eide whether will do it or not"