The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-12

You hear that conversation Mr.. Darke also
swears that Shepard, before they started down
cellar, made exactly the same remark in the pres
enee of W. A Ketcham, John Ketcham,
Davis and Darke all standing to-
gether; Shepard's remark was: Boys,
did you hear that, that Conversation
and then he swears that as they started down
the cellar, win Ketcham asked him that same
question again; but John l.. Ketcham swears
that VIII Ketcham did not 90 down cellar. w.
a ketcham states in his argument that he
stayed upstalrs-thereby contradicting his wit
ness Darke. asked each of these three men
this question. while on the witness stand, ibid
not Mr. hetcham read over to you this state
mentE Yes" Just before you came on the
standY Yes Although they had been
coached and drilled on written statement read
to them just before they came on the witness
stand. they could not remember IL
long enough and well enough to
remember that Darke, the second time he went
over the story, says that McCutcheon says there
was no statement made that know anything
shout" Il know there was none made. y
That was little too much for Ketcham. He
did not want that much put into that converse
ton; that was OVERRIDING it. Now, right in that
connection, I want to call your attention to two
little matters that you viii recollect, testing
the recollection Of counsel as to what has been
proved IN this case. You remember that at a
certain time in the progress of this case | asked
q question with regard to the premium on
bonds, and an objection was made to it, and
stated that it had already been testified to by
Mr. Maott. Don't you remember that Mr.. Clay
pool sprang to his feet, and he and Mr. Shepard
both began to shake their heads and Mr.. Clay
pool walked forward shaking his head and saying
there was 'no such evidenced" Don't you re-
member that9 Claypool and Shepard both
declared TO the Court that there was such
evidence in this case; we'll, here it is. Here is
the examination of Mr.. Malott. 1 thought
/ would see whether / was in error;
] did not know but what my memory
Iohy, T nbn ca had
Malotts evidence written out and here it is,
page after page of the examination of MIR. Ma
lott on the subject of the premium on bonds;
will not stop to read it, He testifes here that
the bonds at first were at a considerable pre-
MUM, that they then declined to about one per
cent premium at one time, in the first year of
their issue-that after that they steadily rose III
value and have stood stationary at from p, to
% and "a per cent for the last two three
years Now, l want you to remember that very
significant fact Again, in the cross examina-
of Mr.. Davis in his attempt to impeach
McCutchecn asked him. twas that the inter
view at which you expressed some feelingE
and Mr. Ketcham jumped to his feet and said
81 object TO that because the counsel is putting
into the witness mouth words that he never
uttered and that objection was echoed by the
other two counsel; and then l asked him direct
Iy and pointedly, did not you swear, when you
were on the stand before, that you did express
feeling at the interview down at the First
Nationa! Bank with Mr. McCutcheonp He said
he did not swear to any such thing that he could
remember Now [ have his evidence, and
want to read you just what he did swear to. 1t
was in the same connection in which he swore
that Mr.. McCutcheon was false to Mr.. Morrison
will begin reading at question 93l:
Qnestion-Was there ANYBODY present It. when that
Answer-Well, | think there was.
Ques.-Who wes it!
Ans.-T not whether it was Captain Shepard
or MIR. ketcharn. do not remember who pres
Ques.-Which Ketcham do you means William A,
If either?
Ans-Well cannot recollect. / think it was one
Of those three at the desk there Indicating counsel for
pisintiff.)
Ques.-Wen, where was the conversation
Ans-Well, it was down at the First National Bank
Ques.--In what room!
Ans.-In the back room.
Ques.-What you called the parlor in your direct
examination
Ans-Wel it used to be a parlor or back room;
the room where the president sits.
Ques.-How did the conversation come up?
Ans.-Well, we were having kind of general talk,
and he wanted to know-he says. Surprising you
Ques.-McCutcheon said thata
Ans.-Yes, sir He wanted to know what you folks
wanted to prove.
Ques.-Was that tho run of the conversation!
Ans.-No. l EXPRESSED SOME FEELING. l do not
remember the part of the expression. EXPRESSED
SOME FEELING, KNOW, AT ONE TIME and Mr. Nc
Cutcheon says You folks asked me-" made
the remark said that the bank not coed when
bought it. Well he said, you folks never asked
me-" said NO Mr. McCutcheon, we did not and
ON sorry did not
Ques.--Was that the extent of the conversation
Ans--I do not remember of anything else 1t that
time.
Now did he express feeling, or not! A few
days after swearing he is brought the
stand to impeach man by his recollection of a
conversation, and he now swears that he did not,
when testifylng in this case, swear that he eX-
pressed any feeling. Here is his evidence, not
twenty days old, proving that he did swear.
Are you going to impeach a man by the evidence
of a witness with such memory2
Now, let us return to Mr. Shepards treatment
of Witnesses. have discussed his statements
in regard to English, Lynch and McCutcheon.
What interest have they in this case? What is
there in it to furnish motive for either of them
to tell lie or to misstate, or color, shade a
faet3 None whatever. John a. Holiday an d
Hervey Bates were two of our seven witnesses.
You those men; you know their standing in
this community. Recall to your mind the cir
cumstances under which they made this exam
nation Holiday was acting as trustee for some
stock in which he had pecuniary interest. Bates
was a stakeholder in his own right. There
was fuss among the stockholders; there was
bitter feeling among the stockholders, over
what! Over the fear that there might be some
connection between the Indiana Banking Com
pany and the First National Bank by reason of
this very purchase. That was the very ground
on which Holiday and Bates were called there
as committee, and they could not by any pos
sibilty have performed their duty as such COM
mittee of the stockholders without asking Mr..
Morrison the very question that Holiday and
Bates did ask him. Don't they know whether
they asked himl Don't they know what they
asked hint Don't they know what he ans weredl
Suppose, gentlemen of the jury, that Mr. Morri-
son had said this: Yes, the Indiana Banking
Company did buy this stock; there is close
connection between tho Indiana Banking Com
pany and the First National Bank" Suppose he
had told them that, what would have been the
RESULT Why, they were called there for the
express purpose of allaying excitement among
the stockholders of the First National Bank on
that very question. Still, for his purposes Mr.
Shepard says Mr.. Holiday has not told the
truth. He says Mr. Morrison did not say to Mr..
Holiday what Mr. Holiday says he did but
he did say this. that and the
other, and then Mr.. Shepard goes
or to make up what he wishes Mr. Holiday had
sworn to. Mr. Shepard says: Il say to you, Mr.
Morrison did not tell them any such thing, but