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Show NEVER FEARED PENITENTIARY, I PINGREE REPLIES TO QUESTION Former Banker Declares He Committed No Act! Warranting Imprisonment But Signed Contract Con-tract Through Dread of Criminal Crim-inal Charge James 1'lngree wa on the witness stand' during the entire morning today .ind most of yesterday afternoon under cross-exainjnatlon by Attorney JameS H DeVlne, In his suit on rOBS-COm-plalnt against the Ogden Packing & Provision company through which he hopes to recover stock and propert valued at 1600,000 which he turned over to the company as security for thl payment of h; sobllgations under a contract. Flngree asks recovery of the slock md property on the grounds that he was forced to sign the agreement through threats of criminal prosecution prosecu-tion for the alleged sending of false financial statements of the packing company through the malls, while he writ president of the Institution. The cross-examination proceeded along smooth 1 yesterday afternoon and this morning until shortly beforel the noon recess when Attorney DcVino i'egan to Question Plngree regarding tho fear which caused him to sign the contract and turn over the stock. Then the questions and answers became be-came somewhat heated NO FEAJi OF PEN At this point ttorney De-Vine suddenly sud-denly switched from lengthy questioning question-ing regarding financial att.iirs of the packing company whjle Plngree was president and events leading up to the signing of tho contract and ho Jcmanded of the witness- "Did you ever have any faar of being sent to the penitentiary on account ac-count of your nets''" "I never have done anything to warrant war-rant such acrlon." came the reply "Did you at any time believe there was a possibility of anyone sending you to the penitentiary?" he was then asked "No," replied Plngree. "There was no tear of the penitentiary peniten-tiary '!" No. ' "Do you mean to say you were never scared b Poppenhusen and Rhodes?" 'No." ' Were you frightened at anything that thev might do?" It was the result " "You were afraid of the result of arrest ?" 'Whether Kuiltv or not guilty, It was tho position It would put me In In regard to the Institutions in whlCb I and my friend.' were interested " "Do you believe that you could bo arrested if you did nothing0' "Lots of men are arrested. Any man can lgn a complaint " "You knew that Poppenhusen and Rhodes couldn't prosecute you, that you would have to be Indicted by the l.'nited States court?" "I'm not a lawyer." "But you had a lawyer at your el bow didn't you""' Referring to the contracts signed for the turning over of the sto k Mr nr-VInc asked if n H Henderson Plngree s attorney, did not approve of the papers. ON OWN JUDGMENT "He did not I signed them." was the reply. and signed It anyway over the objection objec-tion of your counsel?" ' I had the right to," was the answer. an-swer. At this point court adjourned until 2 o'clock this afternoon. When questioned this morning regarding re-garding many meetings and conferences confer-ences with directors of the packing company and Poppenhusen and Rhodes. Mr Plngree's memory appeared ap-peared vague and he answered scores of questions by "I think not,' ' I don'l rememher" c.r ' I do not recollect " Mr Plngree admitted that a statement state-ment of tho condition of the packing company was handed to Poppenhusen and Rhodes at a meeting In the Plngree Pln-gree bank during February, 1920. He was then asked If there was not a direct financial offer of help made to the parking company at that tlm. Mr Plngreo said an offer was made to fake care of the maturity paper "At that meeting did you say anything any-thing about your Individual attWudo toward the packing company," he was asked. 'I said x e wanted to protect tho packing company and If we COUldnM to appoint a receiver" Mr. DeVlno thon demanded that the witness drop the ' we' and refer to hi Individual attitude He then pressed the witness for a reply and Mr Pin groe said he suggested tho company would be better in a receiver's hands "Isn't It a fact that you urged the appointment of a receiver nn.i the re talnlng of a third counsel for tho company "Not to the best of my knowledge " "When was the capital stock of the company InrfrsassflT" "fn the early part of 1918" "What was your subscription?" HE RECEIVED STOCK "I subscribed for $160,000 and received re-ceived the stock at different times during 1918." "Did you pay for It In 1918 ?" "Not entirely, hut some of It by ghing notes of the James Pingrce company " "How many notes?" 'Two notes, ono for about $.10,000 and the other for $40 000." Hero the witness explained that he could not find the cancelled notes although he had searched for them some time ago The Witneai then explained tbat he gave a check of the James Plngree companj for $11000 in addition and all together the payments totalled $81,000. Me a!o said he did not pay anv Interert on tho $1 1 000 check or that the James Plngree companv did not pav Interest on the two notes given to the packing companj in payment pay-ment for stock although the notes were given In IMS He said the hal ance was paid by notes of the Pin gree Sugar compan and In cash. I In answer to a question as to wheth-J er any record had been kept of the ictlon Junt described, Mr Plngree said' the uiattoi was taken up at a dlrec j tors meeting of the company. Reading from a memorandum Mr Pingrce said he received 1400 sharea of packing company stock at the par value of $100 a share. Mr. DeVlne then asked "At the1 tiro. ou gave notes of the Plngree company you knew the company was bankrupt, dldn t you ! 1 "I did not" Pressed as to the financial affairs of the James Plngree company at that time Mr. Plngree evaded making j direct replies. Calling the attention of Mr. Plngree, to a meeting on Saturday, February I 21 1920 at which Poppenhusen and ;aL TWO INGRES! STORY Rhodes und others were present. "li IieYm- asked II I'.r.gree did not make the statement that he was very much1 surprised to learn of the bad condition of the packing company, that Slmnn j S. Jensen had not properly managed the company, that he (Pingreej was ort Ii J 0 a nd no . 1 editor,, or stockholders of the company would lose a cent. PART s TRUE Mr. Plngree answered that this was In part true and in part untrue Ho said he remarked that he was surprised sur-prised at 1 he 1 ..nd it 1. .n ot the company rind that the creditors would lnx nnih'. Ing. but he made no declaration per- I BOnally to pay any amount. V hen ,ike,i 1' ni 1 he same meeting' he did not urg the appointment of ai receiver. Mr Plngree saj, he did for tho best interests of the company The witness admitted grdng to newspaper.-. In an effort to prevent the publication of the Information that the packing company was in a bad financial fi-nancial condition on or about February Febru-ary 25, 1920. Cross-examination of Mr Plngree by Mr DeVlne began yesterday after-noon after-noon at 2 30 o'clock and lasted until 5.05 o clock, when Mr. DeVine stated! to the court that he was suffering from headache and Attorne-- Hender on r.lso stated 1 hat Mr. Plngree was practically exhausted. Mr DeVlne opened the cross-examination by Inquiring the age of Mr Plngree who answered that he would1 be 60 years old In June He said he ' was enloved by the First National bank for many years as cashier and! negotiated many loans and notes Between lei, ar,,i 11(,6 he said he I organized ihe Plngree N'aiion.i! bank E Mr DeVine questioner the witness I regarding the affairs or the Plngree Idaho Sugar company and Mr Plngree! admitted that the plant had nevei operated, ' How much money did you put intoi the Plngree Idaho Sugar company?" the witness was asked. 5 "I don't know?" 1 Will vou look it up and then tell'" "I will ir the court says to." ! Mr DeVlne then asked "Did you -ever make any false statements?" ' Not when I was sane." "Were you ever lnsatteT" "If I was you fellows got me there." The court Interceded and the questioning ques-tioning changed |