Show urn wa ml oil til GROSS examination judge henderson goes afar him roush shod new oases piled MONDAY AFTERNOON the case of W H smith TS E B jones and tha national bank of commerce was continued geo D mickle was recalled and aca tidied that be had made milligent dill igent for the notices cent him when the drafts testified to were due but lie could nt find the notices to ahn beet of bia recollection the bank had sent them mra annie t lat eha had paid tha order of geo W micale to the provo national batik of commerce she had paid part cash and given bar note lor tha balance which ehe afterwards paid to the bank E A wedgwood receiver rec eivar of the provo city lumber co after mr identified six mire drafta on which payment had been made makina the ei aut mentioned in the of the cashier of the national bank of he had paid a part of those drafta to the defendant jones ha had had competent knowledge ha said that it would be kropar to pay the money to E B jines you understood hafl was acting aa attorney for the bank did you not objected to by the attorney for the defendant bank objection overruled witness yes I 1 understood he was the attorney att oraey tor the bank W H smith tue plaintiff olain tiff next took the witness aland he identified the drafts that had bem pas aing through the bantu and offered in evidence before he said tha drafts belonged te him and in july 1892 he brought the paper to provo and consulted with E B jonea in reference to ita was an attorney at law ana engaged in banking hia office was in the building of the national bank ot com meres witness wanted him to make bome attachments and requested him to take out hia fees and remit tue bal acca to him at salt lake witness had before this given the bank other paper for collection jones had advised that on the provo city lumber company be not made because the bank had a montage oa the yards but he wanted the paper turned over to the bank say ins that the bank would bee that plaintiff loss plaintiff agreed that the bank should the paper and E B jones turned it ayar to the cashier heuing him to enter it on the bank books for collection cashier green received the drafta other drafts had been sent to the bank by mail for collection plaintiff had never sold any of these drafts about about the ast 1st of november witness had had a talk with cashier gheen E B jones was present witness asked them how much they had collected and cashier green said they bad on hand from three to four thousand dol lare but they refused to turn it oyer because letter fl had been received from the receiver of the amalie lumber company and they wanted to bear further in a few days they promised tha money would ba forwards J t ohain it they heard no further from aba receiver witness Wit nesa met at the bank it D jones who was introduced to him aa the arsi dent of the bank he talked to him of the drafta 1 never did any business with the bank without having farat been referred to K D jones once when E B jones was in salt lake plaintiff had given him a third batch of drafta lor collection cashier green bai receipted for the bame in december 1892 plaintiff had received a statement from the bans the statement was sent up by E B donaa in 1893 E B jones came to the and that be wai going to provo and he would brins back the monay for plaintiff he wanted all the accounts and witness g va him the statement among other plaintiffs attorney baa stated that all efforts to obtain the bank statement from E B jona or defendants had been futile but plaintiff had a copy of the statement which was offered in evidencia evid enca witness testified that it was k correct copy witness had also delivered to defendant jones two receipts tha receipts in evidence had not been given him branae they were not then in the on all the drafts sent for collection plaintiff had received but abolt thre dollars witness had complained that the statement did not aree with aba amount received thare baina 0 mire charged against hiaam E B buea had accused the cashier of that amount and cashier creen had told witness that jones was a G d 1 plaintiff had after that called on the bank and ha received repeated assurances su rances that ho would get the money later when plaintiff called with bis attorney at the national bank of commerce cashier martin who had succeeded mr 1 green as cashier that the bank owed plaintiff nothing nor never had T he refused to make any statement ay ins the bank had none to make he and ehg attorneys had aleo called on mr R Brero toa a director who sah he paw i no objection to them looking at the cooka and getting a anent mr brereton said ike back wanted nothing but what was right chev want back to the bank bat abill cougil sa s1 statement the cop of the aa eau E B jonea was ia evidence objected to aej objection overruled witness had never any money from E B jones after the state aa entwis given him chirt till 93 this morning NEW CASES FILD Inthe ciBO of reynolds partners part nere a fim fi m vs ih swan lake reservoir ud cinal company allege that iu the month of may they sold to int merchandise to the amount ot 71 ia for which deen dat t promised to par at once plaintiff has received onla 36 and still to be paid frequently demanded the payment of deb ant had been refused plaintiff now files a complaint against defendant for the interest from jacb 1893 and coats in the case of caw sherry va afim uel callson Can lson plaintiff that an injunction b granted restraining said from with plaintiff when using the water in monument springs in quaking aap canyon or breaking plaintiffs dam in said stream TUESDAY FORENOON the crosa of plaintiff smith took ap the greater pat pa t of yes barday in badge smiths court at provo tharman cross examined first for defendant jones plaintiff had been in the lumbar business a great many yeara hia former home was rid R id cloud neb when there he was tm velini of the nebraska lumber company when plaintiff came to suit lake in 1890 lie commenced business for himself aad becam a with the ainsle lumber company get tine from that company per month his relations with this coia paa were kept up antil july 1892 he had charge ot six yards for said company all were established by the ainola lumber co and were situated in Provo park city oden Salt Leke and two in pocatello ha pot one third of the for conducting these yarda the ainsle co failed after witness had been with it a year and half the profits of the six yarda in that time were about R D janea waa a friend of witness and one of the directors of the ainola lumber co he did business at portland oregon the attorney pressed the witness hard to tell of atie casida workings of aba ainola lumber co hut he claimed no knowledge ot it further than his work he did not kaow who the officers or manager of the company air R 7 jonea and witness had been together in various lumber deals all of which had witness believed his wife was a stock holder in the aicale lumber lo L 10 o but he was not witness had bot the drafta bant to the provo bank for n at various linaea for lumber bold on bis own account he paid cash for the lumber at the time he placed drafta in the provo bank for collection witness had a bank account at micka bank in salt lake witness knew nearly all tha companies bis drafts were on and they were he had brought the drafta to provo be cause he wanted to get out an attachment on the provo city lamber co he called on E B jones as an attorney first to make these attachments not on him af president pre aident of ane national bank of commerce dont you know tha provo city lumber co failed the day you were at provo before noon no sir I 1 dont I 1 believe it failed that evening witness had not heard of the lailure while at pavo did you not have an with mr E B jones that no checks or writing about 1 pass between you in these collections because they might baue yon trouble no sir nothing of the sort witness had kept an account in a amell book of the drafts lett with mr E B jones for collection he bad not entered them on the ledger or books 0 the ainsco company mr Heude reon crosa examined for the bank witness had first gone to the bank to pea E B joabe ao an at torney he had no idea then of leaving the drafta with the bane for collection mrs smith had brought some of the aidule lumber company for collection afterwards came int sion ot the company R D jones was with witness when the first batch ct drafts ware lett did not ha have the drafta in his pocket no sir they were not taken from B D joness pocket and agven to cashier green no air to the of recollection ha hd first cabie into the of the dracia in the early part of july he thought it waa between the idt and some of the drafts were shawn to witness dated sixty dava ahead drawn july ath and accepted the aada day this deemed a little for to explain he ci aimel bome of the customers always paid baah when the car arrives did you haye any agreement with E B jonea as to the drafta left with mr jones no air you look no direction from R D jones as to the other drafta abent no sir judge henderson Henders then produced a letter rom witness to bank reading As irom E B jones we you a small collection yu wrote that belt i yea air and it is the truth yes air aad your that mr jones had nothing to do with the draft waa the truth 1 I was doing bosine ea with jones and th bank at the same time other letters of later data to E B jones were produced giving him ln jiffas iona as to the drafta and telline dim farther drafts would b cent hixa for collection quo letter refe red to two drafts on red aloud neb alao jones for collection plaintiff in all tasae lettera used th pronoun we and they ware written on letter paper ot the aicale lumber co witness said it was a habit ha had in writing lettera to nao the pronoun we witness bot badar confuted in letters in light of mhd aratti beine abent to the national bank of commerce of provo action and alao in the licht that he and R D jones were not connected in ahe owner ip of the drafts |