American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1918-08-02
SLUMP IN INTEREST
IN DISBARNENT CASE
Continued from page H.

Continued from page -
his correspondence, but that II II
could be found IL would show that ne
had been authorized 10 settle for 800.
w. II. Witty, through taking over
the business Of John ID. Hopson, found
n claim against Baum for the $50 above
mentioned, and took Up the matter
with Smith about its collections. Later
a demand was made on Baum, and he
paid the $50 under pressure, but de-
MED that he owed Il. In correspon-
dence introduced by the prosecution
we're letters from Smith authorizing
settlement for 500, but In spite Of this
witty pressed collection and made
Baum pay the full claim in order 10
escape annoyance.
r.. Il. Link testified that he paid
Baum $50 in cash and assigned a note
he held for $50. In full settlement.
That he had never paid any more on
the claim.
The charge that Baum represented
the village Of American Falls and W.
I. Oliver, conflicting interests. In a
suit 10 quiet title to a part Of the
Oliver House property. was %entangled
with a suit OF Lee War; and Leader
Hardware company. a year later. The
claim was advanced that Baum know
ingly wrongly advised the village
trustees that they had no defense. and
that by reason of such advice no de-
Tense was made In the suit to quiet
title brought by Oliver. The prosecu-
ton developed nothing except a pos
sible error OF judgment on the part of
natata IfLa u.aUr. - a.. dr. -.
that permission from the village had
been secured for Baum to represent
Oliver. his father-in-law. in his case.
On cross examination, bearing on
the conspiracy charge of the defense,
Mr.. Wones admitted that he had taken
some interest In the prosecution and
that W. Il. GriswOld had beer interest
ed to some extent; admitted that he
had met the Kerchers on their arrival,
az the suggestion of the prosecution,
but had said nothing material TO them
and denied that political differences
with Baum were his prompting mo-
tives, admitted that he had been serv-
ed with papers in the suit, had left
them in his office. and had taken no
steps to secure an attorney to repre-
sent the village In the case; vas GER
tain Baum had not asked to be excus
ed so that he could represent Oliver
In the quieting Of title.
The defense on the first Peyton Har-
ris charge. that Baum had collected
$50 from GOttlieb Spies, belonging to
Harris. and paid the money to the
First National Bank to apply on a
note given by J. NJ. Harris. father of
PeytOn Harris. put Jay Gibson on the
stand. Gibson testified hat Peyton
Harris told Baum in his presence, to
so apply the money when collected.
other testimony bearing on the claim
that Peyton Harris had agreed to pay
the note, was also introduced.
On the j.. G.. Kuhn charge, wherein
Baum was accused of having collect
ed S265 and refused an accounting. it
developed that Baum had never had
} the money at any time. There was
involved In this matter a lien given by
Robert Commons to j. G. Kuhn, on
some wheat to secure a harvesting
hill. Commons hauled a load of the
wheat covered by the lien, to the
Oneida elevator, and received a check
for the wheat. which he took to the
First National Bank and received cred
IA iiA lWi Ant dhARuAAt AhbhA HA"hs thos
> thereafter Kuhn claimed the wheat
, the manager of the elevator ordered
I payment on the check stopped; that
the bank charged Commons with the
check and held the check until the
conflict of interest vas determined
and that thereafter Commons brought
in a second load for which a check in
the sum OF 1925 was issued but was
held by the manager of the elevator
Chester Greene. until the parties ad.
a iusted their differences; that OF
s January 5. 1916, Kuhn. Commons
Chester Greene and o. K. Baum me
e at the First National Bank and Kuhn
n and Commons reached a settlement
both Of them endorsed the checks, and
G presented them for payment, and thai
s Baum at no time ever had the checks
j. in question. or the money they callee
IS for.