Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-05-07
SAYS DEFENDANT
TOOK CERTIFICATE
FROM HELENA BANK
Cashier Testifies Prescott
Withdrew Papers in Escrow
of Ranch Deal
Tribune's Helena BgreaaO

ing the placing by A, X, Prescott Of
a certificate for 24,OtN shares ct stock
in the South Pondera Ranch company
to be held in escrow for W. ii, Scett
was given by Nj. j. Gould, cashier Of
the American National bank OF Helena
in the case now under trial N the
district court of Lewis and Clark coun,
ty in which Scott is plaintiff II
Prescott is defendant. Mr.. Gould pro-
duced In court a letter written oy
Prescott to the bank under date OF
March 80, 1912, reciting that prescott
had previously placed IN the bank IN
escrow he certificate of stock to-
gether with SCOTS promlssory note
for the one-third interest in the COM
pany and advising the bank that the
time for payment of the note had been
extended to February 20, 1914. Wit
ness said this letter had been written
by Prescott in the banking rooms and
upon the banks stationery.
MIR. Gould also produced a receipt
signed by Prescott, dated October IL,
1917, at which date Prescott had
Withdrawn from the bank both the
certificates and the note. He admit
ted that under Prescott's written IN
structions the note should have been
sent to Scott, even if not PAID, u the
certificate returned to Prescott, but IN
the face of these instructions he had
let Prescott have all the papers.
Scott Not Informed
Witness admitted that Prescott was
Va customer of the bank, as was also
John Prescott, who previously testl-
fled in the case. He claimed he had
notified Scott of the extension granted
by Prescott upon the note but was
-.-,lI~ - c,n1 IN nnpU of fh1G tQffQr
He likewise stated that he had not
notified Scott of the withdrawal OF the
papers in escrow. He testified that
all the paeprs connected with this
escrow transaction had been received
from Prescott personally and in the
absence of Scott who took no part
in the action and was not present at
the time the papers were placed IN
escrow.
Mr.. Gould admitted that Prescott
must nave called at the bank at least
four times and in his own hand in
dorsed credits on the note which
were then shown in court to have
been as follows: a credit on Decem-
Der 81, 1912, for So, 1860 for bal
ance due Scott upon salary earned and
not drawn between October 1, 1907
and date of endorsement; a credit on
JUIudIN Ic, 1910 " 2osIoc.4o "
ing one-third of the profits from ranch
operations accruing up to January /,
1913; a credit on March %, 1913 of
81. @ .9S for q one-third interest in a
wool check, and a credit on April IL,
1913, of S1,547.73 for a one-third in
terest in another wool check.
Scott and Wife Work Long Hours
Sam johnson, who had been en-
ployed for q number of years on the
South Pondera ranch, testified that
Scott came to the Scott-Prescott ranch
about October l, 1907, and Of seeing
Prescott and Scott going about the
place making a list of the personal
property and that he heard them talk
of the values of some of the property. |
He also told that after that date
numerous permanent improvements
were made on the ranch by Scott and
that he noticed that both Scott and
his wife worked longer hours than
previously. that Scott seemed to speed
up the help, that Scott would dig in
with the men and that both Mr.. and
Mrs. Scott seemed more particular in
avoiding expense in the operation of
the ranch. He told of Scott going out
TO meet the herders when storms were
threatening, of his getting home late
at night and of Mrs. Scott having
placed signal lights in the window to
guide him home on such occasions. He
told of Mrs. Scott having worked both
in the house and outside and of her
taking care of sheep at times and of
her instructing him how to care for
lambs when they were chilled.
He was asked what brand was used
on the ranch and he testified that only |
the "A. p" brand was used on the
Scott-Prescott horses, with the ex-
ception Of some of the work horses, and
that the cattle were branded "a. 8"
on the left ribs.
No Brand Recorded
In connection with the brand testi-
mony the defendant, A. X. Prescott,
was called by the state and admitted !
the "A. p" brand was owned by him
personally and that there was nothing
10 distinguish the Scott-Prescott horses
from any horses he owned at any other
place. He also admitted ownership Of
the "A. 5" brand for cattle and that
he had never sent any other branding
irons to the South Pondera ranch
until after Scott was removed. He said
no brand had been recorded for the
South Pondera Ranch company until in