The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-12-03
PHOTOGRAPHS OF
MISSING LETTERS
NOT ADVISABLE
State Blocked in Effort to Show
Correspondence in Fargo
Bank Case
DUPLICATES IDENTIFIED
Deputy Bank Examiner From
Minneapolis Testifies as
to Validity

Fargo, n D., Dec. 3.-Holding that
the prosecution unlawfully came into
possession OF correspondence of the
bank, Of which Photographic copies
were made, and citing a decision OF
the United States supreme court
Judge NJ. J. Englert OF Valley City,
presiding in Cass county district
court in the case of II. }. Hagen, pres
ident Of the Scandinavian American
bank of Fargo, who is charged with
having made a false statement to a
bank examiner, late yesterday after
noon refused to permit the photo.
graphic copies to be admitted as evil
dence in the case, and classed
with the statements that he would
consider no further representation
on the matter.
The state yesterday morning had
offered as evidence IL Photographic
copies OF letters relating to the al
legged agreement between the Scan
dinav:an American bank Of Fargo and
the Bank of Commerce & Savings of
Duluth, Mimi, after it had been def
nilely established that the originals
were no longer in the files OF the
bank. Objection was made by James
Manahan of St. Paul, chief counsel
for the defense, Judge Englert am
nounced that he would hear argu-
ments in the afternoon. ...... ....
Insufficient Foundation
Judge Englert, in refusing to rec
ognze the reproductions, held that in
sufficient foundation had been laid
for the Introduction of the photo
graphs as evidence in spite of testi-
mony by Albert E. Sheets, Jr., assist
AM attorney general, who told of TAX
ing the correspondence from the bank
William Langer, attorney general,
who received The letters at Bismarck;
lN. u. lucCurdy, we'll known attorney
OF Bismarck, who, at Mr.. Hangers re-
quest made arrangements for getting
the pictures; and Mrs. w. ~. Butler,
a photographer of Bismarck, who
made the photographs, and positively
identified the negatives and prints.
There is no longer the slightest
question that the originals Of the pho
tographic reproductions are no longer
in the files of the bank, as officers Of
the bank, who were ordered in their
tsAbpoenas te-prodaee the correspond.
ence in court, have failed to do so,
and have declared from the stand
that they were unable to find it.
Decision Is Cited
In support of his decision, Judge
Englert cited decision of the United
States supreme court, which held
that when search Of a mans home
had been made without due process !;
of law, and records and papers taken
therefrom, these records or papers
could not be used in evidence against
him, -y,
Judge w. S. Lauder of Wahpetop,
special prosecutor for the state, ar
gued that the decision had nothing
to do with the principles involved in
the present case and declared that
the decisions of rs state courts were
contrary to Judge Englert's ruling.
Judge Englert concluded the argu-
ments by the statement that he would
consider nothing further.
Bank Examiner Testifes
William c. Green Of Fargo, states
attorney of Cass county, who is asso.
ciated in the prosecution, this morn
ing conducted the examination Of II.
G. Roper, deputy bank examiner of
Minnesota, who testified that on Sept,
I2, last, he ordered number of notes
sent to the Duluth bank by the Scan
d;navian American bank returned.
,MlI Roper said that the notes were
worthless, and added that to make
sure his demand had been complied
with, he went to the Duluth bank on
Sept s. He found, he said on the
stand, that the total of the notes had
been charged against the account OF
the Scandinavian American bank, and
saw letter on the table signed by
w. H. Locker, president of che Duluth
bank, which was to accompany the
notes back to Fargo.
Mr.. Roper positively identified the
states Photographic reproduction OF
the letter in question, and also the
signature of Mr.. Locker, with which
he said he was very familiar.
p. R. Sherman, cashier of the Scan
dinayian American bank, followed
Mr.. Roper to the stand, and was ques.
toned as to methods of bookkeeping
employed by the bank. He identified
the signature of Mr.. Locker on the
states Photographic reproduction OF
the letter identified by lMr. Roper MT
Sherman was still on the stand when
recess was taken at noon.