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

Vt tanned in that exhibit, or practicall
II every one. You remember Mr.. Becke
d would trace those, he would start i
n here showing the deposit; he woul
e next go in here showing where tha
e amount was credited on his individua
n ledger account; then he would TAX
I these Bills Receivable Registers her
> and show where that was entered, Nov
: In the Defendants Is testimony he stat
u ed that certain e these items wer,
9 charged off, All right, how were the,
7 charged off He gathered up notes
: old time G. D. IS or certificates of de
post, anything th:t they could FIND
in that bank and credit it on these
J, He was complying With the wishes ot
the Banking Department in reducing
J that line, but there is NJ showing made
here that the Banking Department had
an knowledge that he was reducing
that line by charging it off He main
4 tanned at all times that that was a
i first-class line of paper. Yet his own
testimony shows that he himself cor.
] sidered that paper worthless when h.
/ dug up these certificates and was dig
/ ging the heart out of his own bank
for stuff to take in there and apply on
these worthless drafts. Now ism It
that reasonables Also the notes of w.
A. Waterman, Wallace O'Keefe, A. E.
Bloch, were applied as payments on
those I presume that this was a case
where some more of it was charged
off. In addition the Defendant in his
testimony, Gentlemen of the Jury, at
tempted to show where he considered
this line of paper as bills of exchange
drawn in good faith against actual ex-
listing values. All right; that applied
only however, to Exhibit 104, this
Rawson- Works paper. You will re-
member that State S Exhibit 1856 was
an item of $6,O00.00, personal note,
mind you, of F. w Waterman. Ex-
hibit 391 was also note of F. w. Wat
erman for $965.2S. Now there is
$6965.2S that was in that bank on the
4th day of May, 1920, which were the
promissory notes of F. w. Waterman,
and the evidence is conclusive and un-
disputed in regard to that. They don It
even contend that those notes were
Bills of Exchange drawn against ac
tual existing values or anything else.
rrl,o 4 80 Irae n,,~ oo,+ao&.ox, an +h;c ra
port absolutely conclusive, that F. w.
Waterman on the 4th day of May,
1920 was in excess of the limit fixed
by Statute in the amount of $695.28.
They haven't attempted to disprove
that or to show in any manner. shape
or form wherein or whereby that ex-
cess loan or any part thereof would
come within the limit as fixed byI
Statute.
Now them, going from that item
Gentlemen of the Jury, that covers
briefly the first allegation in the In
formation that one F. w. Waterman
was on the 4th day of May, 1920, in
debted to the State Bank of Kamiah
in excess of the limit fixed by Statute.
l will refer to that again little bit
later.
Now going to the next allegation,
that the said report listed and pur-
ported to show as resource of said
bank and as part of its reserve at the
close of business on May 4th, 1920, the
item of SIS, S,76s.97, therein designated
and described as due from Transient
Banks. Now you have heard that Tran
sient Bank item threshed and rethresh-
ed until I think you are just as famil-
lar with it as am myself. We also
alIege that this was false in that the
items making up the $1S,76S-97 were
not nor was any part thereof due or
payable to the State Bank of Kamiah
from or by any bank, banker or trust
What does the evidence
shows Under schedule 2, Gentlemen,
q due from banks,'' refer you to this
report, they list the items as due from
banks. The first one at the top, the
National City BANK OF ChicdSo, LII
nois, $959.S4; the next, Spokane and
Eastern Trust Company, $3,7l9.S1; the
third, the First National Bank of
Charleston, $4,096.05; the State Bank of
Minnesota, $213.2O; Tran
sient Banks, $1s,76s.s7. Now what
does that meanf-due from banks
You wouldn't It have any difficulty in
the first item there, the
National City Bank of Chicago. That
means that there is due in cash from
the National City Bank of Chicago to
the State Bank of Kamiah $959.94.
You can't place any other construction
on it. 1t means that; exactly what 1T
saws. The total of those amounts in
cluding this Transient Bank item,
Gentlemen of the Jury, is $27,757-97.
In making up their statement here
they show that total, due from banks,
see schedule g. Now that says due
from banks again; that means cash
due from banks, $27,767.97. That in
a1.,5as +ho4 Transient bank item of I