El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-19

at eluufuNv-
Dec. s. the day Of the failure. the ac-
| count received a credit entry Of S4150.
In July, 1914. Joe Medinger's account
showed a deposit OF S4l5O, from which
$1,000 in currency was deducted, leav-
ing a credit Of $2150 10 the account.
His testimony was that on July 10
! the account Of Joe Medinger received
/ a credit OF $3.50, that the deposit slip
| was in Smiths handwriting; that this
/ deposit slip indicated $1,000 in currency
/ had been paid TO Medinser, the balance
Of $3.50 being passed to the credit Of
/ his individual account. There was a
! debit slip produced. showing S2lSS.50
! charged back to Medinger on July 16
( S38.05 Of this being a salary check
I drawn by Joe Medinger. jr., and the
! balance Of $3.50.
Denies Drawing Checks.
Joe Medinger. jr.. testified he is in
! partnership with his father in the con-
I tracing business in Las Cruces. The
bushes account is carried in the name
fly to draw checks on this account.
though he never drew any checks ex-
cept for payroll needs. He did not
receive $1,000 in currency, nor a credit
Of $1,000. on July Is, 1914.
He said he did not check out $3.50
on July IS or 10; that the only check
he drew on either date was for $500.
The original check was produced and
not authorize any credit of $3.50 to be
made in the account on July Is or 16.
i was not his custom. he said. 10 make
the deposits or TO examine the bank
BirdweII Tells of Missing sheet.
The most damaging evidence intro
duced so far was given this morning
by Jno. BirdWen, IT., former bookkeeper
who was recalled 70 explain the ac-
counts Of the bank. He testified that
original ledger sheet OF the Gerald
MOnahan account was missing; that
he discovered IL was missing some time
after December S, 1914. Under direc-
ton of Smith he said he erased an item
OF $500 from the original sheet. The
erasure did not look good and Smith
he said, instructed him TO reWrite the
sheet entirely.
smith Told Him to Make Entry.
The original sheet was left by ths
side of the ledger, the witness said.
and he does not know what DISPOSE
ton was made OF il. He said Smith
told him to make a credit entry to Off
set the $500 item. There was also a
debit Of S29.40. covering interest on an
overdraft. The credit entry was
$2529.40 made by the witness, he said,
under the direction OF Smith. on De-
cember s. The amount of this credit
the witness said, and $3.50 credited
to Jacoby's school building fund. was
derived from a note which Smith
signed on December s.
Witness said that on July IS, Joe
Medingers account was credited with
$3.50 from q deposit slip made by
smith The deposit slip showed $3.50
charged to the scn0ol building fund.
less $1,000 currency leaving a net credit
Of $3.50 for the Medinger account.
Explains Deposit Slip.
Witness explained that the deposit
slip indicated that amount Of $3.50
was derived from the school building
fund, that Of this amount Medinger re-
ceived $4,000 currency, the balance OF
$3.50 being created on the Medinger
Witness said that sometimes ,
he served at the window, but on July
Is did not pay money out to Medinger I
nor did Medinger make any deposit 1
Of money on that date.
j. o. Miller n Witness.
J. o. Miller, cashier of the First Ma /
tional Bank Of Las Cruces, testified 1
that In January. 1915, he succeeded ". !
F. JacOby, as treasurer OF the town /
Of Las Cruces.
"Bank InsOlvent In 1872
l. B. Wooters testified that he was
assistant travelling auditor and bank |
examiner in 1913 and 1914. lie made I
IN examination Of the First State bank |
Il October, 1913, reporting to the trav-
cling auditors office. He declared that
It that time the bank was insOlvent;
,6.42cc. He said that in the latter
lart of January, 1914, the travelling au-
litor's office made a report on the
condition of the First State bank. bas-
ng its findings upon his report, made
n October, 1913. and j. W. McCarty's
eport, made in January, 1914
This report from the travelling audi
or's office, he said, showed the per-
entage that the capital stock had been
but he could not find the |
rlginal report and was not allowed |
o testify what the percentage was.
Bank Closed Year Later.
Recalled last night, witness testified
nat he was assistant travelling auditor
nd bank examiner on December s,
pa, and recalled the closing of the
irst state bank of Las Cruces. He
AID that the notice of the closing was
aceived some time in the afternoon OF
he oth; that he went to Las Cruces
nd took charge OF the bank. He re-
lained until the 18th or 18th of the
ionth, then put DR.. c. W. Gerber in
large, as a special deputy bank exam
leI. ne turned over all papers and
scords OF the bank to Gerber.
County Checks Offered.
Charles c. Lee, deputy treasurer OF
ona Ana county, introduced the treas
rers general cash book, and read the
ems which were paid out by the coun-
treasurer to the town treasurer. For
1ch item so paid to the town treas
,ec' Lee presented the cancelled checl. |
men was used to make the payment.
IA lne several receipts signed by the
Wn treasurer Objection was made
the admission Of this testimony aud
esc documents but the court over
Yea the objection, on the states prom