The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-10-25
EXPERT BANKERS
,continued froIn ,.aga one.


nesses testified to the effect that such
could not have been possible.
On the cross examination Mckeayer
asked the witnesses whether in order
to be certain in giving testimony that
would send a man to state prison an
audit of the books for several years
would be necessary. They admitted
such might. be true in certain in
stances. The witnesses testified that
they had just been called in the last
twenty-four hours.
Southwick On Stand.
NJ F. Southwick, president of the
bank, and S. 5. OFT, an uncle of
Clark Gresser's, who with Ed Ores
ser, and Mr.. Southwick, controls the
bank, were called to the stand in re-
buttal. Mr. Southwick denied that
he presented Mrs Clark Gresser with
an itemized statement of the short
ages and told her the figures were
prepared by Clark. He denied that
he promised not to prosecute if she
would obtain the necessary money to
cover the shortages He denied that
he told her Ed Gresser was crooked.
well, do you think Ed Gresser is
crooked?" E. D. McKeever, an attor-
ney for the defense, asked.
q certainly wouldn't have him in
the bank if 1 did"
you don't think a man is crooked
who hides $4,000 under an assumed
name and swears to $1,135 on the tax
roll?"
II knew that money WIS in the
bank under that name" replied
Southwick.
Here Garver's objections to such
questions were sustained.
1t cropped out today that John j.
| Schenck, a prominent Topeka attor-
ney. is the sphinx in the Gresser
trial Two days ago Carver attempt
ed i vain to get Schenck to tell what
he knew of the case. Schenck, it was
argued, had acted as a personal at
torney for Clark Gresser and also the
Citizens State bank and the con-
versation of a client and an attorney
was privileged. Carver brought this
point up again today. Clark Gresser
was on the stand.
you say you are willing to play all
your cards on the table and put light
on everything asked Carver.
Il do" replied Clark dresser.
NcKeever objects.
why won't you give permission to
let John Schenck tell all ne knows
about this case %
McKeever was on his feet instantly
He declared that Schenck had been
Clark Gresser's personal attorney and
that testimony was privileged. Judge
Whitcomb ruled in favor of McKeev-
er, providing Clark dresser would
testify that Schenck was his attorney
HAS John Schenck been your at
torney?" Carver asked.
He always has represented me"
The same alterations occurring in
the banks books during the period
that Ed Gresser was at Hot Springs
that were shown to the experts were
pointed out by Carver TO Clark Gress-
er. He was asked to explain them.
In substance Clark Tresser stated
that these alterations might have been
made weeks afterwards
Ed Gresser was not in court room
during the trial this morning
Judge Gises Instructions.
Judge Whitcomb began reading his
this afternoon
1.-THE fact that the defendant took
the stand in his behalf should be TAX
en- as a good sign" said Judge Whit
comb. "altho you must ts Ike into con-
sideration the other facts in the case"
Bias of the witnesses should be con-
sidered. Judge Whitcomb told the
jury.
McKeever asked for an instruction
on the expert testimony. Judge Whit
comb complied with the request. Car
yer asked for instructions on aiding.
assisting and abetting in the commits
sion of crime
Instructions on expert testimony
point out that this should be given
no more weight than the testimony
of an ordinary witness, the court
sta ted.
Attorneys for both sides agreed to
confine their arguments to three
hours. an hour and half for each
side Hugh Fisher. assistant county
attorney, opened the arguments. Nc
Keever and S. F Lashbrook of the de
Tense followed. and Carver ended it,
The court told the jury that a per-
son found guilty of aiding and abet-
ting in a crime was just as guilty as
the person who direct I'd the opera
ton of the crime