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# EVERHART REFUSAL TO TESTIFY
# UPHELD BY JUSTICE SIDDONS
(Continued from First Page.)
Roberts, bearing on financial rela-
tionships between Fall and Sinclair
and the Tres Ritos Cattle & Land
Co. The witness balked on one ques-
tion but answered after the court
directed him to do so.
The five questions which Everhart
refused to answer on the ground of
self-incrimination were:
"Do you know of any loan to the
Tres Ritos Cattle Co. made by Sin-
clair in 1922?"
"Do you know of any loan to Fall
by Sinclair in 1922?"
"Did you pay any bills for freight
on cattle while in Sinclair's office
in New York in 1922?"
"Do you know of any transaction
since February 1, 1922, between the
Tres Ritos Cattle Co. and Sinclaire?"
"For whom were you trustee of the
33 shares mentioned in this sheet?"
This latter question dealt with a
stock certificate of the land and cattle
company upon which were written in
Fall's handwriting "certificate of col-
lateral, M. D. Thatcher, Pueblo Colo."
Refusals Sustained Again.
A Government witness yesterday,
who is an official of the Thatcher
estate, testified the estate held some
stock of the Tres Ritos Co. as col-
lateral for an advanced loan. When
Roberts sought to have the witness
identify the handwriting he declined to
answer, but Justice Siddons ruled that
he should answer it. Whereupon he
said, "Secretary Fall's, I think."
Justice Siddons upheld the conten-
tion of the witness that he should not
answer the other five questions and
he was finally excused.
It cost the Government $253.40 to
have Everhart refuse to answer ques-
tions which the prosecutors deemed
vital to their case. The witness col-
lected that amount from United States
Marshal Edgar C. Snyder after the
left the stand. He has been in at-
tendance on the court for 14 days at
$2 per day, making a $28 witness fee.
He was paid $3 a day for his subsist-
ence for 16 days, including Saturday
and Sunday when court was not in ses-
sion, making another $48, and his mile-
age fee amounted to $177.40, totaling
$253.40. Everhart left this afternoon
for Pueblo, Colo., his residence.
Following Everhart's testimony
Roberts produced numerous banking
officials and employes and delved into
the distribution of the $90,000 in Lib-
erty bonds which turned up in Pue-
blo, Colo., in May, 1922, in the hands
of Everhart, according to evidence
submitted yesterday. From the wit-
nesses he obtained banking records
referring to deposits of Liberty bonds
and coupons, but when the noon recess
was reached he had not connected
these up coherently for the jury.
From the testimony and document-
ary evidence produced by the wit-
nesses, it was shown that on Novem-
ber 22, 1922, Liberty bonds in the
amount of $15,150 were deposited in
the First National Bank of Texas to
the credit of Fall, and that on October
21 of the same year $5,000 in Liberty
bonds were deposited to the defend-
ant's account. Witnesses from this
bank-J. E. Benton, vice president
and cashier, and I. Gonzales, receiv-
ing teller-testified that the numbers
were recorded. Fall personally did not
make the deposit, they said.
On March 30, 1923, Liberty bonds in
the amount of $50,000 were deposited
in the Exchange Bank of Carrizozo,
N. Mex., to the account of Fall. In
addition, coupons valued at $875 were
deposited. Proof of this action was
given by A. D. Brownfield of El Paso,
receiver for the bank at that time;
R. E. Lemon of Carrizozo, then as-
sistant cashier, and B. S. Thurmond,
an employe, now living in Hatch,
N. Mex.
Testimony that 90 coupons of the
first Liberty loan 3½ per cent were
forwarded to the Federal Reserve
Branch Bank, in Denver, in October,
1922, from the First National Bank of
Pueblo, where $90,000 were deposited
by Everhart in May, 1922, according
to evidence yesterday, was given by
B. A. Carlisle, assistant cashier of the
bank, and Mrs. H. J. Smith of Pueblo,
then a clerk in that institution. J. E.
Olson, managing director of the Den-
ver Reserve Branch Bank, gave testi-
mony and documentary evidence that
the coupons were received.
Roberts next produced a receipt de-
livered by Olson for $300,000 in Liberty
bonds purchased from brokers for the
Continental Co. by the Dominion
Bank.
This documentary evidence was pro-
duced by Hector G. Henderson of Mon-
treal, an employe of the Dominion
Bank of Montreal, in whose New York
agency the Continental Co. maintained
an account.
Various items entered into the
ledger on April 13, 1922, showed pur-
chases made for the Continental Co.
of $300,000 of first United States Lib-
erty bonds. The first entry showed
purchase of $100,000 in bonds from
Solomon Brothers, the second entry
$100,000 worth from Walter Brothers
and two additional entries of $50,000
each from Rhoades & Co.
Henderson testified that he had
made a note of the numerical numbers
of each bond in the regular form and
locked up in safe.
"To whom were they delivered?"
asked Roberts.
"They were delivered to Olson on
May 8," was the reply.
"Did you get a receipt?"
Produces Receipt for Bonds.
Henderson produced a receipt from
the Dominion Bank's agency in New
York signed by Olson.
"Where was the delivery made "
Roberts asked.
"To the agents in New York."
"Olson carried the bonds away,"
Henderson testified.
"How were they wrapped?"
"They were wrapped in brown pa-
per, in a bundle," Henderson replied.
At this point the coart interrupted
examination of the witness, the hour
of recess having arrived.
Just before Roberts had hooked up
the delivery of the bonds to Olson sev-
eral other bank employes were put on
the stand to identify Liberty bonds
deposited in their banks.
These witnesses included Mrs.
Martha Anderson and Marguerite
Trada of the Denver Federal Reserve
Branch Bank.
Preparing the way to producing
evidence of the bonds delivered to
Olson, Roberts put on the stand Rob-
ert Ray of New York, employe of the
New York agency of the Dominion
Bank of Canada.
"Did the Continental Trading Co.
have an account with you?" Roberts
asked.
"It did," Ray replied.
Ledger sheets of the account were
produced to show Liberty bond secu-
