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Show HI STOCK DEAL BEING KID BY COURT Continuing the hearing of the case of District Attorney John C. Davis against Robert A. Moyes, cashier of the Commercial National bank, in Judge James A. Howell's division of the district court this morning, Mr. Davis vas again called to tho witness stand for further examination. He told of having accounts with different banks of the city in his own name and in that of his wife. On February 21, 1916, he said that he made a loan of $500, applying 150 of it in settlement settle-ment of a previous loan and receiving a certificate m the name of his wife for the balance of $350. He also explained ex-plained that he transferred $3000 from the First National bank to the Commercial Com-mercial National bank, March 21. In his testimony yesterday afternoon, after-noon, Mr. Davis said that he first learned there was Lakeview Mining company stock for sale at 50 cents on February 18, 1916, in Judge H. H. Jlendreson's office when he overheard L. A. Friedman of Lovelock, Nov., say he had 25,000 shares of the stock he would sell for 50 cents. He made some inquiry about the stock but did not undertake to negotiate for it untli he saw Mr. Moyes on February 21. He also said that Mr. Moyes had told him that ho had taken 5000 shares of the stock himself, after the deal was made with Friedman. The witness also said on cross-examination that he made no effort to withhold with-hold the $500 check given him by Mr. Moyes from the bank but cashed It and had the amount placed to his credit In the course of his testimony, Mr. Davis said that he had sufficient means to handle the Friedman stock on the market necessitating questioning question-ing of the witness on the part of the defendant as to his standing with the banks of the city. E. O. Wattis of the Utah Construction Con-struction company, was next called to the stand this morning as a witness; his testimony being that on February 23 he purchased 10,000 shares of the Freidman stock at $1 a share, and on the following day paid for it. He said that 5000 shares of the stock were recorded t)n the books of the mining company in favor of his brother, broth-er, W. H. Wattis, and 5000 shares In his own name. ' Speaking in detail of the transaction transac-tion with Mr. Moyes. Mr. Wattis said that Moyes told him he had a snap on some of the Lakeview Mining company stock and that he would let him in on the ground floor. The witness wit-ness also said that Mr. Moyes told him he could not handle all the 25,000 shares, for which reason he would dispose of some of it, promising Mr. Wattis 15,000 shares. The next day, however, Mr. Wattis said, Mr Moyes told him he could not let him have more than 10,000 shares, which he purchased at $1 a share. He said that Mr Moyes claimed he was not making mak-ing anything on the stock at that price. Carl Rogers testified that he purchased pur-chased 5000 shares of the Friedman stock at $1 a share. W. B. Long having hav-ing told him that Mr. Moyes had the stock for sale I. F Farr, secretary of the Lake-new Lake-new Mining company, produced the stock record book of the company showing that on February 24, 1916. the Friedman stock of 25,000 shares was transferred to Dr. George G Moyes and that soon after 5000 shares were transferred from Moyes to E. O Wattis. 5000 shares to W H. Wattis, 5000 shares to Carl Rogers and 10,000 shares to Robert A Moyes. At this point the plaintiff rested Its case The defendant, R. A Moyes, took the witness stand to testify in his own behalf, after the attorney had made a statement of what the defense de-fense would be. Mr Moyes said briefly that on February Feb-ruary 21, Mr Davis came to the bank and requested a loan of $500, the cashier telling him that it could be made only on assignment of his salary sal-ary as district attorney for the quarter-year ending July 1, 1916, as security. secur-ity. The' transaction was completed and tho Davis account was given credit for $350, $150 of the amount being deducted to apply on a former loan. The witness said that Mr Davis told him he knew ofi Lakeview stock that could be purchased for 50 cents, but that ho was not financially able to handle it. Mr. Moyes told Davis that he could handle the stock and that he would pay him $500 for his trouble If he would get an option on I he stock. That afternoon he directed direct-ed Mr. Davis to wire Mr. Friedman that the stock would be taken. The answer from Mr. Friedman was that he would sell the stock for $15,000 flat, whereupon Mr. Moyes told Davis Da-vis ' to order the stock sent to the bank accompanied by a sight draft. Tho stock came and the draft was promptly paid. In the mean time Mr. Moyes said he lad found purchasers for part of the tock, and ho and his brother concluded con-cluded to keep the balance. He had old Mr. Long that ho would allow him 5 cents a share if he could find . buyer for part of the stock, and that Mr. Long sent Carl Rogers, who bought 5000 shares. The witness hald he paid Long $250 commission. Mr. Davis was paid $500 for his part In the transaction and he took $250 commission com-mission for his part of the sale, making mak-ing $1000 in all that was paid out as commissions, Mr. Davis getting one-half one-half of it The witness denied that he over agreed to share tho profits of the Bale of the stock with Mr. Davis and claimed that he had only agreed to pay him $500 for securing the Btock. INSERT TURN RULEINSERT . . The caBo was taken up again this afternoon with Mr. Moyoa on the witness wit-ness stand. Mr. Moyes said that when Mr. Davis told him of the stock that could bo purchased at 50 cents a share, Davis requested him to not say anything about it to Judge H. H. Henderson Tho witness replied that he would have nothing to do with the deal If it In any way interfered with any transaction trans-action Judge Henderson might contemplate, con-template, as he had been a friend of Judge Henderson twenty-fivo years. The -witness denied that he ever told Mr. Davis that 500 was half the profit on the sale of the stock, or that the stock had been sold for $1G,000. Speaking further of the transaction, Mr. Moyes stated that he borrowed from the First National bank the money with which to purchase the stock and that his brother, Dr. Geo. G. Moyes, held a half interest in the stock when it was purchased. Yesterday tho plaintiff was placed on the witness stand immediately after aft-er the jury was empaneled. Mr. Davis related the transaction between himself and Mr. Moyes respecting re-specting the arrangement by which the 25,000 shares of Lakeview mining stock should be purchased at a cost of $15,000, ando in turn be sold at a profit, ho and Mr. Moyes to share equally in the net proceeds Pie went on to "tell of the part he played in the transaction, negotiating with the party having the stock for sale and closing the deal. The witness said that It was understood under-stood that a sight draft should accompany ac-company the stock and that it should be honored at the Commercial National Na-tional bank by Mr Moyes, the cashier. He said that the stock arrived February Febru-ary 24 and that the draft was paid, Mr Moyes coming to him later and telling him that he had sold the stock for 510,000, leaving a margin of $500 for each of them as a profit. He told Moyes that, considering the value or the stock, they should have realized real-ized more on it, and that Moyes said he would swear to God that that was what it sold for and that he was giving giv-ing him half the profits. |
