The producers news., 1924-04-25

A. Immediately after Mckee ap-
preached me.
Q. On the same day? A. Yes.
@. And then when after that did
you have the next conversation with
either of the parties? A. The next
day. withMcKee again.
@. Where at? A. At the bank.
O. And the next conversation was
with whom and where? A. Mr..
q. Where? A. At the newspaper
Office.
Q. And what day? A. That would
be the second day.
@. And with whom did you have
the next conversation, and where? ?
A. With Mr.. Mckee.
@. And where? A. That would
be the third day.
@. Where was this conversation ?
A. Right on the sidewalk in front of
Vests cafe.
@. What was that particular con-
versatiOn? A. Mr.. Mckee told me
he would have tc, know that day what
they were going to do; if they were
going to make a deposit o. not. He
couldn't stand it any longer He
wanted to know exactly what was gc-
ing to be done
@. What did you tell him? A. I
told him [ would see Mr.. Taylor again
and let him know what he intended to
do
@. In other words, you were doing
all in your power to accommodate Mr..
Mckee, to see that the deposit was
made? A. To some extent, yes.
@. Well, you were interested in
keeping the bank going, l presume?
A. l would like to see it stay open,
yes.
Q. And during that particular per-
iod Of time you yourself were indebt-
ed to the First National Bank in
considerable sum of money? A.
Some. They had very good security,
though. I think.
@. That indebtness still exists,
does it not? A. Yes; there is a note
l think, there the receiver has got
control of.
Q. That is all of the cross exami-
nation at this time, but we reserve
the right to recall this witness for
further cross examination if we wish
to later on.
WITNESS EXCUSED
MR.. ERICKSON: Call J. w. Nc
KEE.
J. w. MCKEE, called as a witness
Cn behalf of the state, being first
duly sworn, testified as follows:
DIRECT EXAMINATION, by Mr..
Erickson:
MR.. ERICKSON: Q.
Mr.. PAUL: IF Your Honor please,
believe theTe was an order made for
the exclusion Of all witnesses.
THE COURT: That is the order l
made
MR.. PAUL: l will ask the sheriff
then to enforce it. Mr. O'Grady is a
witness in this case I believe.
MR.. ERICKSON: He is the com
planning witness. I think he will be
allowed to remain.
Mr.. PAUL: Not if he is going
back on the stand again.
Mr.. ERICKSON: So far as I am
concerned, he is not going back for
me.
MR.. PAUL: All right; with that
understanding we have no objection
to his remaining if he is not going
back on the stand again.
THE COURT: That is understood
MR.. ERICKSON: O. You may
state your name A. J. w. Mckee.
Q. Are you acquainted with the
defendant, Charles E. Taylor? A.
Yes, sir.
Q How long have you known him
A. Five or six years
.. You acquainted with John
O'Grady? A. Yes.
Q. How long have you known him :?
A. About ten years.
Q. Do you recall if ycu had a con
versatiOn with John O'Grady on or
about the goth day of June, 1923, con-
cerning county money en- deposit With
the First National Bank? A. Yes.
.. What, if any, official position
did you hold with the First National
Bank on the goth day of June, 1923 =?
A. / was cashier.
Q. What was the nature Of this
conversation with Mr.. O'Gradv &?
A. Well. John was in the bank one
day, and | told him that the treasurer
wasn't keeping his balance up accord
ing to our understanding; and I told
him that / would like to have the de-
pcsit brought up to the agreement:
and | told him at that particular time
We couldn't stand to have the balance
down. So he said he would see what
he could do about it. He SAYS, 81
will go down and see what / can do
about it." That is all l said to him
at that time.
@. When did you next see Mr..
OGrady? A. A day or two later.
@. What was the occasion of hav-
ing conversation with Mr.. O'Grady
that day? A. Well, he was in the
bank and I called him back into the
back office and told him that the de-
post which we needed had not been
made. And he said, 'Do YOU know
what you have got to do in order to
get that deposit? ?" or some such
statement as that, and I said no. He
said that, "lf you win turn back a
certain note in the sum of $3.50 signed
by Charles E. Taylor, the thing will
be fixed up" So I agreed tc do that,
and | asked him about the note. He
says. "You send it to Mr.. Ttylor in
the mail, Which l did.
MR.. PAUL: Just a moment. We
move to strike out "You send it to
Mr. Taylor in the mail, which | did
as not responsive to any question;
no evidence in the record at this time