HARRY GOTTHEIMER, Sworn In For The Defendant, 70th To Testify

HARRY GOTTHEIMER, sworn for the Defendant.

I am a traveling salesman. I make two trips a year for the National Pencil Company, from the first of February to the first of April, and from the first of September to the fifteenth of October. I was at Montag Bros. around ten o'clock on April 26th. I had come in from my trip on the road and was writing up my orders. I had been away ten days. Mr. Frank came in after I got there. I asked him about two important orders as to their shipments and he replied that he couldn't tell whether they had been shipped or not, but that if I would return to the factory with him he would give me the duplicate invoices and let me see for myself. I replied that I would not have time to go back, as I had lots of orders. He says: "If you can't come now, come this afternoon." And then he walked in to Mr. Montag's office, and as he went into the office he said: "Come up now, or come up after dinner."

CROSS EXAMINATION.

I saw Frank in his office one Saturday afternoon in the early part of April about three o'clock. His wife was there doing some stenographic work for him. Mr. Frank said Saturday morning, April 26th, that if I couldn't come to the factory in the morning that I should come in the afternoon. I am sure of that conversation. Miss Hall heard part of it. I had been in his office on previous Saturday afternoons. I never found any of the doors locked. He was always working.