OCR Text |
Show SMITH VS JONES, The Plaintiff Subjected to Severe Se-vere Cross-Examination M. L. TODD ON THE HACK 4 In Ilia Caresr as a Lumber Man He H11 een Connected With at Many Enterprise Enter-prise Which Failed as Hai Smith Himself Him-self Mra. Smith teBtifiss. At ltfO yesterday in tbe Firet District court, Judie Henderson resumed bis croes-exumiuation of W. II. Smith and succeeded in worrying the lumber man veiy confaiderably with puzzling questions. ques-tions. In January 1S93, 1 supposed E. B Jones was president of tbe National Hank of Commerce; 1 demanded my money from him and also Mr. Greeu on several occaeions, tbey said tbe bank was bard up for funds. It ap peared that when ever these demands were made, no one was present except, poss'bly, the wife oi tbe witnee. Smith made demands on Green for tbe money after Green bead ceased to be cashier. His reason for not going to bis euccessor waa because bis dealings Lad been mostly with Green and Jones I "Didn't jou know that Jones bad severed li is connection with tbe bank, 1 ' and didn't j ou Bee it in tbe Salt Lake papers?" "So sir, I called at tbe National i Bank ot Commerce five lines and made demands lor my money, aud as told '; that the bank would eend the money by Mr Jones " 'Didn't you try to conceal all these i matters of collections from the direc I "Iso sir. 1 thought Jones and Green J Lad tbe controlling iutereetjin the bank and I therefore did the business with i thm." ' ' ". On re direct examination witness I said be ot between $8,000 and $9,000 S wort 1 of paper irom the Aii b e Lum 1 ber company tbe balance &omeihing over $4,000 was Icr lumber sold on r iiait)titf' nun lionk I R. D. Jones of San Francisco tes- 1 tified: Have known plaintiff since 1878, in Red v'loud. Nebraska, and Salt Lake; I waa with Smith when he came I to Provo with the Provo City Lumber company paper; bad no personal interest inter-est m tiis transact ons atjlbat time with Jones and the bauk; Smith instructed Jones to attach the rrovo City Lum ber company as he had. heard they weie in bad shape; nothing was said about the suit beiug brought in any other ' came than V. II. Smith; Jones ad- , vised that there be no attachment as tbe j bank held a mortgage. ja the Provo 1 City Lumber company-, and be tho'- J theny'uUI b no dltiiculty in gett'i(. the money. Continuing the case today A. Saxey I testified in relation to the assignment and sale of the Proyo City Lumber 5 company. The minutes of the meet- f ing of the directors, containing the I action of that body relative to sale, was ! submitted in evidence. This testimony f was objected to by both defendants I and ruled out for the' time being. Wit- I ness stated that he took charge of the I company as assignee at 11 or 12 I o'clock. I M. L. Todd testified to his wife bav- ing purchased the property of the l'rovo City Lumber company. E, 13 I Jones was to have a half interest in the property J jnes bad. E. 15. Jones ? represented the Ainslie Lumber com pany and Todd represented the Midway Mid-way Lumber company who heldclaime against the assigned l'rovo City Lum-ler Lum-ler company. Thev having the ttia- i jonty of the claims of the creditors a t vote wai taken at a meeting of the creditors at which a sale was decided" ' upon to Todd and Jones. This tes i f mony was allowed to go in agniusi Jonee but not against the bank. These I claims amounted to over three tbou- f sand dollars. Todd attended the ,k creditor's meeting and heard that Jones r voted for tbe sale. t "What arrangements were made for the payrcent ot these claims?" "The arrangement was that Jones would assume the Provo city paper and 1 would assume the Midway. He waa to get assets out of the 6tock to meet the claims he assumed and received his ciedits." Thee transactions occurred about he 9th of November 1892. In a cet-t cet-t lin oscacion when Smith was coming oat of Jo: ei'( ffice in Salt Lake, Jones told witness that iiillv wanted his money but be (Jones) thought he had him (Smith) on the hip. lie also eald it would be a long time before be would settle that claim. Vm. H, King proceeded to cross-excimiue cross-excimiue Mr. Todd and the attorney seemed to very keenly remember the iact that he had lost some considerable money himself as a stock-holder in the l'rovo City Lumber company, which failed. Mr. King seemed to imply through Mr. Todd's poor, if not dishonest dis-honest marmgement, Mr. Todd was , followed from Nbratka to Colorado, Utah, Provo and Van Couyer's Island where he had been connected with many enterprises, the majority of which had failed. It wan shown that Mr. Todd and Jones had paiJ,or rather assumed notes for the amount of some $7,000 00 for property, Mr. Todd and others had sworn in a former trial, Wm. II King et al vs. M. L. Todd et a, was worth only about $1,700. The whole testimony was ordered stricken out of the caee as it did not go to prove or disprove any facts alleged on either side of the case. Mrs. W. II. 'inith was the next wit ness? She cad looked after a large portion of her husband's business. She delivered $3,363.92 worth of paper for collection to the National liank ot Commerce in Provo. be gave the collections col-lections to Elmer B. Jones to give to Cashier Green. Afterwards a receipt was mailed for the collections. Mrs. Smith gave further and very ev-tensive ev-tensive evidence of the details of the business ber husband was conducting and said that tbe collections were Ben' to the l'rovo bank because of previous very satisfactory work done for Mr. 1 Smith by the b-nk. Also that she had made eettlerjent with the general office of-fice at Portland, and the paper she took to the l'rovo bank for collect on was taken by her for her husband in settlement. |