M 0 NIX, Sworn In as the 69th Witness for the Defense

M. O. NIX, sworn for the Defendant.

I am credit man for Montag Bros. and bookkeeper. I have charge of the bookkeeping and documents and papers of the National Pencil Company. I am familiar with Mr. Frank's handwriting. These financial sheets beginning with May 22, 1912, and ending May 24, 1913 (Defendant's Exhibit 9), are in Mr. Frank's handwriting. The eleven items beginning with order Number 7187 running through Number 7197, appearing on pages 56 and 57 of the house order book (Defendant's Exhibit 12) are in Mr. Frank's handwriting. These entries below that are in Miss Hattie Hall's handwriting. I employed Miss Hattie Hall as my stenographer. Mr. Montag and Mr. Frank had nothing to do with it. I raised her wages on first of August, because I promised her that when she first came here. These eleven requisition sheets (Defendant's Exhibit, 25 to 35 inclusive) are in Mr. Frank's handwriting. I saw Mr. Frank on the morning of April 26th, at Montag's. He asked me to allow Miss Hattie Hall, my stenographer, to go over to the factory to assist him as his stenographer was away and he was piled up with work. And I told him I didn't think she should go until she finished Mr. Montag's mail. He said something then about her coming over in the afternoon, and I said I didn't think she ought to work over there as it wasn't her work, and I told her not to do it, but I told her if she got through with Mr. Montag's mail she could go over there that morning and help him, if she could assist him in anyway.

CROSS EXAMINATION.

I have never seen Frank write any of the documents which I say are in his handwriting. I have seen him write. I don't know their system of doing work down at the factory. This order could not have been received on April 22nd (Defendant's Exhibit 27). The signature of H. G. Schiff on the requisition sheets (Defendant's Exhibits 25 to 35 inclusive) means that he checked it when the order was filed. I have been with Montag Bros. seven or eight years. I don't know whose handwriting that is (State's Exhibit "K"). It looks like Mr. Frank's, but it is not clear to me. It is entirely different from his usual handwriting. It is different from those I have identified positively as Mr. Frank's, but it is figures on those, and here it is in the form of a letter. There is no comparison. With a few capital letters you can't get an idea of a man's handwriting. I am not positive that that is Mr. Frank's handwriting. It might be. You take this sheet here (requisition sheet) and you can't get an idea of a man's handwriting from this, because everything is figures in here. His writing might be entirely different if he sat down to write a letter.

RE-DIRECT EXAMINATION.

I have never seen a letter written by Mr. Frank. The only writing of his that I am familiar with are figures and things like that, pay rolls, writings in requisitions and words that consist largely of abbreviations.