The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1922-05-25

= oi ehose iteins was ABOUT this: TIL;
f. W. Waterman Is checks in the till
the State Bank of Kamiah reachf
large amounts. When they got up
the neighborhood of $25,0O0 he can
s III and drew draft, which took thos
[. checks out of the till and created a
Q obligation on the part supposedly q
= Rawson-W Works Lumber Company. a
f their name appears in the bills recei,
n able record +. w. Watrman woul
!, come In there and draw one of thes
drafts, the proceeds of which in ever
instance were deposited, as these de
posit books show and as his indiyid
ual ledger account shows-the pro
\, ceeds of these drafts were depoited
not to the account of the Rawson
Works Lumber Co., gentlemen of tn,
jury, but to the account of F. w. Wat
erman. Item after item was traced
through along that line. Going bach
further, we find that certain of these
drafts took up certain personal prom
issory notes of F. w. Waterman. Now
what connection was there hereg His
notes were carried at that bank for i
long period of time in large amounts
Later on as developments came about
what happeneds The personal obliga-
tions on the face of them of f. w.
Waterman were yanked out of that
bank and what did they receive in lieu
thereof7 A bunch of drafts drawn by
the Rawson Works Lumber Co. on a
which every bit of the evidence shows
that all of the items contained in this
exhibit 104 were never sent to the
Bradford Kennedy Company for aecep-
tance or for payment. Now, what class
of paper would you consider that wass 2
How does it look to you as reasonable
mens-that they would continue to
keep dragging in these drafts, $4,000
at time, holding them therel That
Omaha concern WASH It bound by those
drafts; their name doesn t appear on a
one; neither is there any record where
a single one of those drafts was ever
accepted by that concern back there.
But it relieved Frank Waterman on
those old promissory notes of his.
Then my contention is, gentlemen,
that to trace the history, the character,
the general system of handling those
items, that our evidence has shown you
absolutely and conclusively, beyond a.
reasonable doubt or any other kind of
doubt, that that Indebtedness as shown
in states exhibit 1O4 was the indebt-
edness of F. w. Waterman on the date
of May 4, 1929. Now then, in tracing
these items through, as you will re-
member, the evidence shows, as I said,
that none of these drafts were ever
sent to the Bradford Kennedy Co. for
payment or for acceptance. Neither
does the evidence show Con the con-
trary it does show that not one of the
items contained in state IS exhibit 104
--and remember, gentlemen of the ju-
ry, that the total of those exhibits was
$143,000) not one of those items was
ever paid by the Bradford Kennedyl
Co. You will remember that one $685.
900 draft on the back of which was
credited bunch of notes, such as Bo-I
lick, Votaw, Sangster, Hollenbeck and
so on. don't know whether you are
familiar with the names or whether
you are acquainted with any of those
persons or not, yet the evidence dis
closed conclusively that those men had
no connection with the Bradford Ken
nedy Co., and none of those payments
came from the Bradford Kennedy Co.
Therefore, why were these notes cred
tied on the back of that $4,000 draft,
which apparently had no more connec-
tion with those men whose notes were
credited on the back thereof than they
have with you or mea The reason is
this: The state banking department
had told this defendant and told his
bank repeatedly, "You must reduce
YOU must reduce that line and take it
out of the bank" Now then, the evil
dence showed that Bradford Kennedy
Co. had refused to honor any more
drafts. They were not paying them
How were they going to reduce theng
They go in there, they pick up such
notes as these and they credit those on
the back. That was the only feasible
way in the world they could make re-
duction in that paper and comply with
the wishes of the state banking depart
ment.
Now, to get you back to what the
evidence showed in these items: States
exhibit 227, in evidence, was a certain
deposit ticket which showed a deposit
of F. w. Waterman in the sum OF $lO,-
600, ten seventeen, nineteen, nineteen;
the exhibit 22S was f. w. Waterman 3
personal individual ledger account IN
the bank showing that that sane
amount on the same date or the next
date was deposited to his credit in his
personal checking account. Exhibit
number 226 is a record of the Bills
a IL ~, ,nhf