Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-01-24

Of the Northwood Mill and Light
company. the plaintiff testified to the
authenticity Of the record which
showed the salary Of the bookkeeper
OF the Northwood Mill and Light
company was reduced from $3.50 to
800 q month.
Objections to Testimony.
A miniature storm arose between
counsel on both sides in the discuss
examination and cross-examination
OF the witness. A. S. Ellingson, Of the
Citizens National bank Of North
wood, who claimed to have endorsed
n insurance policy offered by Mr..
Spoonheim. He testified that he en-
dorsed the insurance policy to the
Citizens National bank, and was UNI
der the impression at the time that
the policy was assigned as a trust
Mr.. Spoonheim would make recon-
pensatlon to DR.. Peterson, or for
money that was loaned or might have
been loaned to DR.. Peterson by Mr..
Spoonheim. Attorney } George A.
Bangs, counsel for the plaintiff, OBJ
jected to the method Of questioning
the witness n instituted a ross
show that Mr.. Ellington was testify
ing In direct opposition to statements
formerly made to him, before he was
subpoenaed as a witness in the trial.
Liability of Signatures.
Further cross-examination of Mr..
Spoonheim failed to bring out any
thing essentially different from the
testimony previously offered by him
self and other witnesses. Some little
stir was caused in the court room
when Mr.. Spoonheim made the state
ment that he had been advised by
Attorney Tracy Bangs and Attorney
c. ]. Murphy, the latter now counsel
for h defense, that he. Mr.. Spoon
helm, would not be personally liable
for the debt to the John Miller COM
pany as his signature was on the
guaranty as president of the North
wood Mill and Light company; he
said he had been advised that his sig
nature in this form would not render
him personally liable: he further test
ified that Mr.. Murphy had said to
make the plaintiff liable for the
amount stipulated in the guaranty, his
signature would have to appear twice
on the guaranty, as president of the
company and as his own personal
signature. as the constitution of the
corporation made it necessary for the
signature of the president to be at
tested by the secretary's counter sig
nature.
Regarding the matter of the insur-
ance policy no new developments over
the testimony of the plaintiff yester-
day developed. Mr.. Spoonheim at
tested that he "a anxious to see the
proposition of the new company go
through, but intimated that it was
not because he was personally in
volved in the debt of the old North
wood Mill and Light company. Vir-
tually the same testimony in regard
to the delivery Of the notes to the
manager of the John Miller company
of Minneapolis, was brought out in
the cross-examination. Mr.. Spoon
helm made himself clear that he had
made no delivery" of the notes in the
legal Interpretation of the word. but
had merely handed" them over. He
said that. he had not taken into con.
s%ideration the involving Of small
stockholders for Indebtedness
amounting to $4,000, to the John
Miller company.
At the beginning Of the afternoon
session at 2 o'clock Sam Torgerson
cashier Of the Northwestern National
bank, testified to having taken a sec
ond mortgage for $4,000 from Mr.
Spoonheim on certain lands which
the latter was DESTROYS of purchasing
and which he eventually did pur'
chase, with the agreement that al
previous membranes would be taker
oo~o ~