| Show the testimony of the prosecution ATTORNEYS CSEY ANGRY united states attorney jadd take remarks of blown to be personal george W whitmore president of the first bank of nephi was the first who acted aa cashier of the bank in until the early spring of 1894 to and objection overruled ane alma hagne the defendant in the case tha ledger of the bank waa identified and it stated that mr haeda made most ot the entries ahila the clerk made some the particular entry in dispute was shown abo witness and he was asked whose it waa he stated that he could not say he could not swear that it was mr hagues handwriting what connection are the defendant fen dant asked the prosecution defense objected baying the cution could not impeach their own witness the objection was sustained air hague left nephi jan shortly after mr hague waa notified to return he returned what happened at the bank what did mr haada aay after his return defense saying that entry had not yet been introduced air marshall stated that be did not intend to borove by this witness mr hague admitted making the entry objection overruled mr whitmore rB continuing bad that mr hague admitted there was borne thing wrong and producing bome said they wore not regular did be not eaythel were fictitious T counsel for the united states asked reading from notes no pir said the witness t do not remember that ho used the word fictitious you swear before the crand jury that he eaid the notes were fictitious the question wag objected to aa ing more than authorities naked for and the answer went over the notes were shown witness and he waa aaker if they were the ones called irregular witness behaved they were the notes eight in number were all made out in alma hagues handwriting the notes were secured from the note pouch for the purpose of refreshing your recollection did be lot eay I 1 put in paper of people anat you thought were reliable but tu paper ie not it ie a fraud and jagd the money loping to be able to put the money back objected to and objection overruled witness said that he did not remember such statement the read from erand jury testimony where mr it was purported had testified in sub stance the question before aaker ac eling that the paper waa fictitious the grand jury evidence was objected to on the ground that the prosecutor should have regarded its secret objection overruled mr whitmore still insisted insi eted that he had no recollection now of such re marks on the part of defendant arent yon a brocher in law of defendant fen dant to and objection overruled witness testified that he was alma hague principally had charge of the books of the bank in 1894 charles clinton and charles L avde had alao to do with books the entry in wag again shown witness and bo wan asked if be writing was hia he said no and testified he did not believe it waa charles cliftons Clin tons or charles L H ydes tho examiner benally looked at the general balance book in which was the eniry when examining the affairs of the bank this morning the examination of mr whitmore waa continued the prose i cution asked wera there anybody engaged under the name of ingram B or ingram brothers objected to because it did not imply ingrain brothers and abd not been alleged in the indictment aa meaning bagram brothers tho objection was mr whitmore answered there ere three engaged in tha under the name of ingram Brot bare Yon rare acquainted with the etyle of book keeping in aba bank mr whit more and I 1 will ask you if dogram B means lagrana Brot bere to and objection overruled sir whittmore Whitt nore replied that the entry B mea it a certain noty cor with tho kainber given in the entry had been taken in by the bank the note corresponding in num bar with the entry was prod need and identified it was pieced ineram brothers A debit clip treated the entry ia loj tram bro did yon find debit blips correspond inz with the other notes admitted by mr hagna aa being irregular 7 objected to objection overruled witness alaid no found such debit slips and identified them they were all in the ofalia haime the dabit slip ware all introduced in evidence being objected to by defense aa teudine to prove other Bes than that in the indictment at the time of the consultation with mr hague mr continued defendant eaid that the shortage would not exceed twenty thousand dollars he said that he alone waa to blame has L hyde was present at ins time of that conversation the cross examination was than con ducted by mr brown the of the bank was a general banking beai ness the general bus of the bank in detail was described coming down to the notes in dispute dia witness said be bad not brought the notes tf the court he last had them in his possession when he went before the grand jury in the spring of 1894 he turned them over to united states attorney juad he had not sinco been them this line of testimony waa objected to by the prosecution and a lively spat ensued it was charged dy mr brown that the united states attorney bad said in the opening statement that be bad not the notes of the bank in bis sion united states attorney judd objected to the statement saying ho said books of the bank mr brown read from mr hagues affidavit wherein he claimed that be had nut bad access to the vouchers books or papers of the bank mr brown that tha united states attorney said he did not have them mr brown then proceeded to pay that the charged with forgery had a right to show the came from clean hands united states attorney jadd stepped over to mr brown and insisted that such statements should not be made they are false he shouted and the man who says I 1 the officers of the bank access to the books state it at his personal peril I 1 shall hold him personally responsible mr brown in defense attitude all right just as you like judge mearitt marshal take charge of these men preserve order in the i court special united beatea conniel marshal proceeded eded to calmly arbue the objection jec tion when he concluded the court proceeded to lecture to the belligerent attorneys 1 I will say gentlemen his honor said that I 1 will not have such decenes in this court II 11 it occurs again I 1 shall ba competed to fins you and perhaps abend you to jail united states attorney At tornay judd if your honor pleasa I 1 sincerely ask the pardon of the court for my conduct but the allegations were more than I 1 could stand mr thrown I also bee the pardon of the court but 1 belei vad I 1 was making a proper argument judge Merrit gentleman pio aeed ana I 1 will biye vou a fair trial as I 1 understand it mr whitmore answered that be not seen the notes bince he had turned them over to the united states attorney except ones when before the grand jury mr hague had turned over to the directors of the bank property to cover bis deficiency L HYDE clerk of the bank the balance book as the one kept in the bank the entry in question waa shown him witness said it was in mr hagues handwriting ho knew it because fur six bearc he was familiar with the J ct mr diagne the entres ine aning WAS explained the of augram brother note the yoda of th note in dispute was also to be id mr haenel hs debit cups sups mr habuba witness did not said to bi b i irregular he eel dom discounted any not 8 he edair notes aid to be irregular aud alej ware in evidence joir H de eaid he was present at the mr whitmore tmora had with hague defendant cama from sau kake at of mr whitmore biti to bim mr hague said What in god ia ihn ca alter then ho wa confronted with thal matter to bo froug eue got benoe of a puch and bagdi treze notes dont belong I 1 put them ID myself or bordo ty that deflect chiald not iden alfy the notes mr hague did not state why he out the anstes in the poach lust evening the cobit allowed the jury to separate today at noon he ordered them to be kept together i 0 affray has baled an action against the lebi irrigation co to compel said company to allow him certain water rights which he alleges he ia entitled to also for damages in the sum of lewis has commenced a suit against the almo mining and mall ing co for the of a piece of minine property situated in the gintic tintic mining district known as the lode |
