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£x * PROCEEDINGS OF THE WEEK IN BARNES LUMLEY TRIAL AT WOODSTOCK Tt^ long grind of the Barnes-LUmley case was continued all through Wednesday and Thursday, the high lights being Fremont Hoy's testimony, together with one letter from Judgre Barnes to Hoy regarding employing Barnes as attorney to defend him and another letter from Judge Barnes to Attorney William X* Pierce of Belvidere, who had been employed Instead of Barnes to defend the Hoys. In the latter letter Judge Barnes says that it will be Impossible to convict the Hoys of the charges on Which they were being tried. Hoy and Barnes Confer "Did you have a conversation #ith anybody from Mr. Barnes' office re- ' garding employment of him in your defense?" The witness said he talked With a man. but did not know as he -Was from Barnes' office. ... "Do you know a man by the name . Spitzer, who used to be attorney?" "Yes." • .. 5 ' •'*' • •' "Did he have a talk with y6u rela- 'V;: tive to Mr. Barnes being employed that case, relative to these indict- V laents?" "I did." w's. _Mr. Hoy explained that Mr. Spitzer Hired Just across the street from him ahd that he had spoken many times •cry favorably of Mr. Barnes as an ;J "f attorney. "«• Joslyn objected to the witness givtog the conversation with Spitzer but was overruled "Spitzer said Mr. Barnes would! like to have a conference with me relative to the matter and acting ad detense attorney for me. I said to him, that I would be glad to have a conference with him under certain circumstances. At that time we had been Using negotiations with other attorneys. Spitzer said that Mr. Barnes fcad said to him that he would be glad to come up and give me a little tide some evening and talk the matter over. "Barnes came up shortly afterward, We took a ride. Went down to the •quare and then out on the Harvard toad. I talked with Barnes in regard to employment as attorney relas live to these indictments. He said to fie. "Fremont, you know I have been Connected with nearly all of the raost Important cases tried in this county for a good many years and I could be of more assistance to you and your son in these cases than perhaps any other. I know it is not considered ethical to ask yon to retain me. but I would like to be in on these eases.' "I replied that I felt a good deal the same way he had expressed as to What he would be able to do for us. 1 said, 'Charley, you are used to get* ting pretty large fees. We would not be able to employ you for the reason we could not raise any money to amount to anything.' Barnes said lie would be aB reasonable in his charges as possible and by that time we were back home." "Did he make a proposition in writing?" The witness replied in the affirmative. The letter was offered in evidence, looked over by Judge Reynolds and * admitted, after which Attorney May- Hard read it to the Jury. It was a letter from Charles P. Barnes to Mr. Hoy •nder date of July 27, 1P23, the sub- - stance of which was a proposition of the attorney to act as counsel and What his fees would be. VIM lettei follows: Barnes* Letter to Hoy "July 27, 1923. "Fremont Hoy, Esq. "Woodstock, Illinois. "Friend Fremont: "I have given the matter we talked over last night considerable thought and while I have not been to the eourt house to look up the number of indictments against you and your two sons, individually or against any two or three of you jointly, 1 am assuming that there is at least twenty-five indictments altogether, and possibly one or two more. "I assume from our talk that if I am engaged that I will be expected to / look after all cases against Kenneth r and Clarence, as well as the cases against you, and while I have defended a great many big criminal cases, t can readily see that to defend this Whole bunch of indictments may cov- ®r a period of time running so high " -as three or even five years, figuring r Of course, on the possibility that one ybr more of them might reach our 8upreme Court in the end. "I can not think that either you •r your two Bona realize the amount £f work that must be put in by a %wyer to study out all these lndict- . ttents and see which are good and Which are bad, and then later go UOUB legal work done for him, that you are now in that position and the same can also be said as to Clarence and Kenneth. "To make the matter short the very best proposition that I feel that I can make you is thls:- "To shoulder the big responsibility of the defense of all these indictments I should have a retainer in cash or bankable securities of at least $3,- 500.00. If that can be arranged I would then ! at once start work on these cases on the following basis. $9.00 per hour for office, work (inc l u d i n g my s t e n o g r a p h e r d a y ' s to be figured on the basis of seven hours per day - 9 A. M to 5 P. M. and evening work in ray office, whicii is the very best time of all to get good results to be figured on the same basis as extra time, which is the same aS I worked in the Stull case which paid me very near $20,- 000.00. "My court work would need to figured on the basis of $100.00 per day, but I would give you the benefit that if I am in court only during the forenoon or only during the afternoon, that you would only l>3 charged for one-half day in court, which would be $50.00 In addition to the above, of course, I would need , dence. papers were dated in December 1913, while the filing date of the recorder on the mortgage paperB was January, 1913. After a few moments he said. 'What would you advise me to do?' I told him to go and see some lawyer in whom he had confidence. He asked to whom he should >«o and I said 'Any good lawyer.' He replied, 'Well, I haven't had anything to do with lawyers. I don't know who to go to. You go to Woodstock every evening. Won't you take these papers and consult some lawyer for me.' "I consented to do so and did bring them over that' evening. I consulted some lawyer about it. It was close to ten days after this that Mr. Abbott appeared again. In the conference I told him there would be nothing more than some slight trouble such as clerical errors, whic'a could be corrected by a bill filed in ,chancery and possibly oral testimony or affidavits. "Mr. Abbott did not make any reply for a few moments. Finally he says, 'Fremont, you know I'm not as young as I used to be. I have been worrying about this matter and I always will worry. You've got to buy these papers from me.' I says, 'That will be impossible. I have not the money to invest. Anyway | they only pay 5 per, cent and I can invest at a higher rate.' Then he says, 'Have the bank here buy them.' I said, 'No, we arc? changing from a private bank to a state bank. Under state laws, it is too large an amount. We can't do it:' He says, 'I don't need the money Just give me your paper and collec:. the interest and pay me." I said, '! am perfectly willing to do that,' s<j we drew up a contract." Abbott Agreement In Evidence The agreement between Mr. Abbott and Mr. Hoy was then offered in evi- No objection by the defense. to charge you with all cash expendi- The witness identified the trust tures necessarily incurred, which deed, notes, etc:,a connected with the would include railroad fare, meals transaction. through all the facts pertaining to lach indictment and make a carefhl and thorough preparation for trial (|hat these cases demand on account H|ir their great importance to you and four two sons. --^ "Now to put the matter plainly, I " am not looking for work, as I have 4 large amount of litigation for Zion City that must be finished up and new litigation coming all the time, and my j|ion City fees are as follows:- $50.00 per day for each day's work In the •trice from 9 A. M. to ( o'clock P K.; $60.00 per day and expenses for •very day I go to Waukegan, Zion • City or elsewhere when there U no 'j^pourt work; $75.00 per day and ex when I am away from Woodstock, and all cash necessarily paid out on records, to witnesses, or any other legitimate cash expenditures usually incurred in such cases. "Now Fremont, I would not possibly let my day work as above mentioned above run indefinitely without pay. You" would need to make arrangements to pay me for this last mentioned day work and extra time as ofterf as once in two weeks, or ai the most, not later than at the end of each month after I started work. "I cannot see how it is possible for me to make you any better terms than the above because there is of course, the possibility that all three of you might in the end be confined in the penitentiary and in that event your earning capacities would be of no benefit, to me, and another thing to be considered is that even now, or before this whole matter is finished there may be judgments against all of you that would eat up all the three of you might earn during the next ten or fifteen years and while many people will think that it will ruin my chances politically to be employe! in these cases I am willing to take my chances along that line, but I can not see how I could make you any better proposition than as stated above). "I can not help but think that much valuable time has been lost in not having a lawyer familiar with criminal law working on these Indict ments ever since they were returned, but as stated by you last night you have been in a financial condition where you were probably unable to secure competent legal help. "I greatly appreciate your desire to have me work on these cases and with over forty years practice in criminal cases, I realize fully the big responsibility that the lawyer is assuming who undertakes the defense of all these indictments and while 1 truly feel sOrry that you are in your present predicament, I don't see how I can make you a more liberal offer than as stated above, and I know you have enough confidence in me to know that I would never put in one minute of unnecessary time or charge you for any time I did not put in. With my very best regards, I remain, "Very sincerely yours, CPS. N. CHARLES P. BARNES. Later Conversations With Barnes Mr. Hoy was asked to relate a conversation purported '.o have taken place in the county court room with Barnes, the talk being about the Marks-Abbott papers. stated that Barnes asked if they knew he had been employed by the Wilsons to represent them in the chancery proceedings, saying, "I feel as though ! would like to know at this tli»e, before going into court just what the facts were as ^ou would he willing to testify in those cases. That's why I want this conference. Anything you say will be in strict confidence." "I said," related the witness, "that we were willing to tell all "the facts in these transactions. I told Mr. Barnes that Mr. Abbott had come to me early in August, 1920, and asked me if I thought the Marks securities were all right. I replied to him that had no reason to think they wen: not and asked him what prompted this question. He replied, 'Well, Marks has sold the farm to his sonin- law, the buildings are not being kept up, the barn doors are off on the ground and I don't think this man Merrifield is any good on a farm He has given to Mr. and Mrs Marks a trust deed or notes and I'm worried When court again convened at 1:30 p. m., Attorney Maynard asked to call Edna Nestor, stenographer for Judge Barnes. Mr. Maynard in hi? •request to the court made the mistake of saying he desired lo have MSss Nestor called as a , state witness; when he meant to say "court's witness." Attorney Joslyn was quick to see the point and was on his fee*, instantly with an objection, claiming that Miss Nestor's name was no: given the defense among the list oi" witnesses* Attorney Maynard correct ed his statement and the stenographer was called by the court, the opening questions being put by Judge Reynolds, after which he allowed May nard to cross-examine. Miss Nestor was ehown a typewritten paper and asked: "Did you draw that paper on a typewriter in Charles P. Barnes' office?" The answer was that she could not be sure, but it was writtei. with a blue ribbon and that she always used that colored ribbon. "What is your best Judgment as to whether you did or did not?" I suppose I did," was the answer at the close. No crosB-examinatlon by defense. Miss Nestor's being called to thr stand was evidently a surprise to the defense, as Maynard stated the stato only a short time before had dis covered the nature, of the evidence it desired to introduce regarding her testimony. Following Miss Nestor on the stand came* J. Fordyce Wood, & handwriting expert from Chicago. Handwriting Expert H®re Asked to state the nature of his business Mr. Wood said he was an examiner of questionable documents, and that he had been in his profession since 1910. "Did you have occasion to examine signatures of T. A. Abbott sent you from this county?" "Yes." He was handed some papers and asked if he had examined Abbott's signatures on the back of them, to which he replied in the affirmative. "From your examination and experience in the study of handwriting, can you state as to whether or not you have an opinion as to whethei or not the signatures appearing on the back of the notes were made at the same time with the same pen?" Attorney Joslyn immediately offered an objection and Informed the court that he desired to be heard at some length on the motion. Judge Rey nolds thought it best to listen to the argument outside the presence of the jury, so the twelve "trlod and true" were allowed to retire until the matter was settled. Mr. Joslyn read citations from a few caBes to prove his point and at the close of his argument, Attorney Maynard arguec against the motion. Mr. Hoy was again placed on the stand for a short period to Bwear that the conversation he had with C. P. Barnes, as related on the Btand, was true. The ruling of the court on the objection of defense mentioned above was based on this testimony of Mr. Hoy. As the former banker was about to leave the stand he volunteered more information, but Joslyn was there with an objection. Maynard adviBed the witness that he could confcr with him (Maynard), and if his information was desired he could be Questioned. The old man-left the stand and talked in a low tone to the special prosecutor, again resumed the stand. He was asked if there was any other conversation he hod neglected to tell about during the forenoon. "Barnes said that ho had gone quite carefully into the question of the legality of tyo of those indict- 1 ments against myself and son. Those ber, 1920, and In the Stull forgery \ You ' leftthe™E* I ^ examined »er* ™ry case, I received $100.00 per day tor \ change bank. I sold out my interest tlaWn and h® Presumed «,.t t.™ vssssiteu °r«•* for fear it will go ahead of mine. I'm tor each day that I appear in I afraid something will happen that tbe City Utlga-lwlU upset my securities.' I said, tton and this has been my scale oil'Mr. Abbott. I haven't seen those tees In my Zion City work since Octo-1 papers for quite office work and each day in court an^hn 1914. all expenses, but of course all these I seen the papers. Have "you tho"paTOrsl u i _ u <«* _ I Kt. a. *. _ r«iFv»w imq Mr. Hoy swore that Barnea items, when working in the office in-1 with your He answered, no. I~ask-1 'Zl*10 'would b«l Samuel Wilson.' \ very willing to render much papers you have there, have you an opinion as to whether or not the signatures of T. A. Abbott on the back of the principal notes and the signatures on the back of the coupon Interest noteB, signed by J. H. Marks, and the signatures appearing on all of the interest coupon notes falling due after the 20th day of August, 1920, and numbered in this series as Nos. 10, 9 and 8, were each and all signed at the same time, with the same pen?" Objection by Joslyn. The court ruled the witness could answer yes or no. "Have yon an opinion also as to whether the signature appearing on People's Exhibit 3 (the contract between Abbott and Hoy, Aug. 1920). was signed with the same pen ahd ink endorsed on the notes?" The answer was "Yes." "What is that opinion T". Joslyn objects but Is overruled. "Written at the same time and with the same kind of ink." Asked on what he based his opinion, the witness went into detail in explaining how he had examined the signatures with microscopes and enumerated the various methods that are applied to prove conclusions. On cross-examination, Mr. Joslyn questioned the expert regarding ink, pens, etc. He then came to the matter of who first spoke to Mr. Wood about examining these signatures. The answer was "Fred B. Bennett." The witness said he first had a telephone conversation with Mr. Bennett the latter part of May and later Mr. Bennett came to his office, he said, early in June. "When Fred came, did he bring these papers?" "Yes;" « .*. "All of them that you testified to today?" "Yes, I think so." "Is this the first time you ha been here on this case?" "No, I appeared before, tha grand Jury." Asked if he knew for what reason his testimony was desired and what the case was, he answered that he thought it might be in connection with the Hoys probably asking for a pardon. Maynard at this point objected to the tactics of Mr. Joslyn in his crossexamination and accused the defense attorney of getting statements before the Jury in this manner that he knew he could In no other way. Mr. Joslyn took exception to the remarks of opposing counsel. Mr. Wood explained that nobody told him what he had stated but it was merely his own conclusion. Joslyn asked the witness if any arrangements had been made about his compensation and he Raid there had been none. "Bennett brought me a letter saying this would be taken care of." "Who was the letter from?' "From Judge Shurtleff. It was a letter introducing Bennett and saying the fees would be paid by the county." Mr. Wood, in replying to questions, said he had rendered a bill to the county for $250, for examination of papers, appearing before the grand Jury and coming out hare, probably six or eight days altogether. He said he received $100 a day for his compensation as a witness in court. • Hoy Recalled For Cross Mr. Wood was excused and Frefflont Hoy again took the stand for crossexamination by Mr. Joslyn. His career as a banker in McHenry county was gone into at some length, when he first got acquainted with T. A. Abbott and what his ""connection was with the transaction with Abbott regarding the Marks trust deed and notes. Mr. Hoy related his story over again in practically the same language as given on direct examination Oetting down to the place in his story where witnesses were needed to sign the contract with Abbott, Mr. Hoy stated that his two bons came into the bank about that time. "As the boys came in they passed through out into the ether part of the bank. They were on their way home. . Stopped there to bring me home. I said we needed Bome witnesses. I probably called to the boys and asked them to eome In and witness the contract." "Did you understand that the contract gave you the right to sell the notes?" "I had no thought but that it did. I thought the purchase of those papers gave me the right. He insisted I purchase them. I purchased them with the thought of being the absolute owner of them. I may have been wrong. The thought never came into my mind that I didn't own those papers as much as anything." "What did you do with the two contracts after they were signed?" "Abbott took one and I the other." "Did you tell Mr. Abbott as to where the Marks' notes were?" "He did not ask me. I told him to go to Mr. Bennett if he wanted to know anything about the matter." The attorneys were arguing before Judge Reynolds as the time came for closing court Wednesday evening, and the court announced that he would reserve his decision on the question until Thursday morning. Thursday's Morning Session Thursday morning's session of the McHenry county circuit court opened with Fremont Hoy on the etand, ready for the continuation of cross-examination by Attorney Joslyn. At the time for closing court Wednesday evening opposing counsel had just finished arguing over an objection offered by Mr. Maynard to the question put to Mr. Hoy regarding what he did with the notes obtained from Abbott. Mr. Maynard claimed the question was not proper cross examination, but Judge Reynolds overruled the objection. The answer was, "I sold taem to? Again Maynard objected, for reasons already assigned. Objection sustained. "You didnt collect any more money from J. H. Marks on the interest coupons or the principal notes after you had sold them to Samuel Wilson, did you?" Lawyers la Battle Maynard again objects, aW|' litre another heated argument took place between the lawyers, but the objection was sustained. "You did sell the notes to Samuel Wilson on Sept. 30, 1920, did you not?" Objection sustained. "What date did yon sell the J. H. Marks notes to Samuel Wilson?" This time Maynard'* objection wa overruled. "The latter part of Sept., 1920." "How long a time did your negotia tions with Samuel Wilson consume?" Objection sustained. "How many times did yon meet with Samuel Wilson before the sale?" Objection sustained, "At the time you made (he contract of Aug. 20, Samuel Wilson ar.d Clifford Wilson were quite heavy depos itors in one or both of your banks, were they not?" . Objection sustained. " j "Who closed the-'dei|u!^:|^liiiei Wilson?" Objection sustained. Maynard appeals to court to stop defendant's counsel from continually asking questions of this nature. "What price did you receive for the Marks notes when you sold them?" Objection sustained. "What did you do with the money received?" Objection sustained. Maynard again complains that counsel is still asking the same Insinuating questions that the court has ruled on. Joslyn takes exception to remarks of the prosecutor. "Who collected the interest 0a the Marks notes before 1921?" "I think the Interest was collected through the bank." "Did you pay the money that was collected on the coupon notes to both Samuel Wilson and T. A. Abbott?" Objection on the grounds he could n't pay the same money to both of them. Sustained. "Did you have any talk with T. A. Abbott in the spring of 1921 in connection with the paying of the money due on the Marks notes?" Objection sustained. Joslyn asks for a hearing and ad dresses the court. Barnes is on his feet coaching Joslyn at this point.' After the talk was finished the court changed the ruling and permitted the question to stand. The witness here related how Mr. Abbott came in and asked for his interest money on different occasions and the conversations at those times. Maynard continues to object and Joslyn taking exceptions to his remarks. Finally Judge Reynolds asked the attorney to get through with the preliminary. All the way through the rest of the cross-examination the two fiery attorneys clashed every few minutes. They appeared to be very evenly matched and the court fans seemed to enjoy the verbal battle. At one time Maynard objected to Judge Barnes talking to his attorney, Joslyn, so loud that the Jury could hear. At another time he objected to the stenographers being asked to read over a question which the judge had ruled Improper. Joslyn again objects to these remarks. Mr. Hoy, before answering one of Joslyn's questions, referred to a paper In his hand and this started another scrap and several questions as to what It was, etc. After the cross-examination, Mr. Maynard showed Mr. Hoy what was purported to be the original of a letter from Charles P. Barnes to Wilchancery suit wherein T. A. Abbott is seeking to set aside th? transfer qf the notes and trust dead from Ifair mont Hoy to my client Samuel Wl% Bon. if Now WiH, I know you will undelt^^ stand me fully when I say that I a* greatly interested in this chancer^' case, as my man Wilson is a puis chaser in good faith for value befofiit. 3W 11am L Fierce and the witness waa maturity of the notes secured by tbS asked if he ever received a copy of trust deed and with all the evidenoa iw.^ne/,', w^°h he an- 1 have dug up, I know it :s impossibif: swered that he did. The letter was Introduced in evidence and x«ad to the Jatyv aa follows: ( . BatttM Letter Te Pierce' Oct. 20, 1923. Hon. W. L. Pierce, Belvidere, 111. My d6ar friend Pierce :- I am calling your attention to an indictment now pending and undetermined in our Circuit Court scaring Oeneral Number 21149, The People v. Fremont Hoy and Clarence F. Hoy and which indictment involves th^ Charlie Marks, T. A. Abbott, Samuel Wilson matter, being the $20,000 notes and trust deed sold to my client Samuel Wilson by Fremont Hoy, and the indictment charges a confidence game by Fremont and Clarence Hoy. This same matter is involved in a for the' State to set ure a convictiojt against Fremont and Clarence on this matter, and I can see where it will hi of great benefit to you to know in a4» vance what are the facts\and circuo)«^< stances in connection wi^h this ma|» ter as they will be related by Abbott * who is the main witness on your i®«'5{„ dictment. ; Now, to put the matter plainly, H am willing to render you and otf mutual friend Attorney Bennett, all the help that you want with reference to this one indictment p.nd I want the hearty co-operation of yourself, Mr. Bennett and likewise Fremont aiMl Clarence on my trial of the chancefy case. . • On Saturday, October 27th, I aa going to ask Judge Shurtleff to set this chancery case down for hearing before himself, without referring It - Continued on page seven 6s •8 FINALLY _ /fer/Sddans a/CbacfiJhnsxs BU1CK builds only real sedans on die famous Buick chassis--with Fisher bodies. 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He asked ine what I had found out about paper* ^ told him ti/mL He replied. 1 tance as "he could asala-l "Did you sell them both to Smauelf McHenry, in j the extent of sitting m W\teon or one to his «n, Clifford? t if Pierce wanted tt. Another objection by Maynard. he "Did he In any manner alt on the .. la* tbat was trying the trial?" "I don't think he did." Mr. Wood again took the witness chair and resumed his testimony, Hoy ease over again. Objection sus • tained. 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