The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-06-27

Liessman; Theodore w. Settle, teller
of the Bank of North Dakota; Will
liam H. Bement, teller Of the Bank
of North Dakota; George w. Janda
director of audits of the Bank OF
North Dakota: and L. p. Warren
bookkeeping supervisor Of the First
National Bank of Bismarck.
Liessman testified that Gammons
was secretary of the industrial COM
mission on Aug. II, 1881, and was not
cross -examined.
Upon request of Gronna, Settle pro-
duced the documents which were
labelled states exhibits Nos. l, 2, 3,
and 5. He testified that they were
records of the Bank of North Da-
kota, and identified signatures OF
himself and George w. Janda on No.
/, the cashiers check.
Under cross examination by Sulli-
van, he testified that he had not re-
ceived any oral or written authority
to make the interest payment to John
Gammons, secretary. Asked specific
ally, he answered mot that I know
Of"
Also under cross-examination, he
testified that he did not know OF any
records in the bank authorizing the
placing of the 10000 military history
fund to be put on c. d. certificate OF
deposit) in the first place.
Settle interpreted perforations on
the cashiers check as indicating that
the amount had been paid August 70
1881.
Is Not q Director
Janda testified as to signatures and
marks on the first three exhibits. Un-
der cross examination he admitted
that he was not q director" Of the
bank but was head Of a department
as director Of audits.
When Gronna said exhibit No. 2 ~
not so important, Sullivan said he
would stipulate that 1t be entered az
evidence, apparently reserving the
right of challenging 1t In the future
Bement identified exhibit No. 4 and
said the handwriting was his. Like
wise he identified exhibits Nos. S. Sa
6, 7, 8 and ga.
Sullivan objected to exhibits No.
and Z on the grounds that they were
immaterial and irrelevant, saying they
had no connection with the charge or
which the trial is based.
Judge Jansonius told attorneys to
proceed as he wished to withhold de-
cision on the objection temporarily.
Warren identified exhibit No. l, ex-
planning that the check was deposited
with the First National Bank on Aug
10, 1881. He said exhibit No. 9, a GER
tificate OF deposit for $500 in Gam
mons account dated Aug. 10, 1881. ap-
parently indicated the cashiers check
was deposited rather than cashed. The
deposit was made and entered on the
10th, he said, but was not cleared
through the Bank of North Dakota
until the 10th, according to the usua
custom of the two banks.
He also produced exhibit No. 10 anc
explained it.
Makes Strenuous Objection
Sullivan made strenuous objection
to the whole of exhibit No. 10 but sale
he did not object to allowing the Spe-
cific entry relating to Gammons' de-
post be introduced as evidence. Sulli-
van, Cameron, and Mr.. and Mrs.
Gammons went into conference when
exhibit 10 was produced.
Judge Jansonius, however. declared
that he would admit the document as
evidence but would instruct the jury
to confine its considerations to thu
specific entry unless future evidence
made the remainder Of the sheet prop
er evidence.
Sullivan pointed out that the sheet
covered deposits Of several years and
told the court that the defense die
not expect to review several years O
banking records"
Warren was on the stand 1t moor
when court was adjourned unit!
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