Jasper County Democrat, Volume 12, Number 25, Rensselaer, Jasper County, 3 July 1909 — TRUSTEE DISPUTES BURGER CLAIM [ARTICLE]

TRUSTEE DISPUTES BURGER CLAIM

For $28,000 Alleged to Have Been On Deposit In the Parker Bank At Time of Its Failure. Referee in Bankruptcy John O. Bowers of Hammond was here Thursday hearing the evidence in the disputed claim of John Burger of Huntington, a brother-in-law of former banker Robt. Parker of Remington, who held certificates of deposit in said bank for $28,000 when the Parker bank failed, in December, 1907. Trustee W. H. Cheadle of Remington and his attorney, Judge Darroch of Kentland, and the latter’s stenographer, Miss Ada Bush, Mr. Burger and his attorney, Elam Lesh of Huntington, and Fred Burger of Remington were in attendance. The hearing was held in the commissioners’ court room. Bro. McCullough of the Remington Press was also present to take down a few notes. Greenip I. Thomas, also of Remington, was the only witness outside the parties directly concerned. As partial security on his deposits Mr. Burger held $20,000 common stock in the Western Motor Co., of Loganßport, which Mr. Parker had largely financed, and which were placed by Parker in Burger’s box at the bank a few months before the failure. This stock was of little value and, with securities given out by Parker to others, was surrendered later to the trustee. The trustee testified that he had finally sold the stock for 20 cents on the dollar and had the money on deposit with other cash assets of the bank. The certificates of deposits seem to have borne a different date in the figures perforated therein than settlement of the Burger account as shown by the bank books, and the latter show the entire Burger account was cleaned off the books several months before Mr. Burger claims the settlement was made on the old certificates and the new ones issued in October, 1907. The trustee awore, however, that Mr. Parker, had told him that he moved the machine back, which made the perperforatlons at variance with the entries on the books, but gave no reason for so doing in this case. G. L Thomas testified that he was requested by Mrs. Zea of that place

to get from Mr. Parker a note which she had at the Parker bank at the time of the failure, and that he went to the Parker homo one evening some two weeks after the failure and was met at the door by a member of the household and admitted; that both Mr. and Mrs. Burger were there, and that Parker led him into a room in which sat Mr. Burger. A table in this-room was strewn with papers, notes, etc. He stated his errand and Parker told him to sign a receipt for the note in a book and he would give it to him. This he did. he stated, and after looking over a couple of the piles of notes on the table the one wanted was found by Parker and given to him, and he left the house. This statement was denied in toto by Mr, Burger, who swore that he never saw Thomas at the Parker home at any time nor that there was any notes or other securities in the house while he was there that he saw or knew anything about, and that he did not even talk with Parker while staying there for several days after the failure anything about the bank affairs. The trustee admits that the bank books have been found at fault in numerous instances, but takes the position that they show the Burger account was fully settled and wiped out several months before the failure. Mr. Burger’s attorney asked that decision of the referee on the disputed points be reserved until Mrs. Burger’s deposition could be obtained and her bank book and canceled checks, if to be round, were presented to the referee. Mr. Burger has not participated in the distribution of the dividend declared and will not until a decision is rendered in this matter.