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

aminer-that examination is in evidence before
You. will discuss it in another connection.
On Feb. IL that examination was made, ana
during its progress, remark was dropped by
the examiner that the people over the way, or
Mr.. Morrison, he does not remember. nor does
Mr. New, the exact words used, were thinking
of establishing national bank. The next day
Mr.. New went to Mr. Lynch and asked lim to
see Mr.. Morrison, and see whether. there. was
anything serious about starting another national
bark. New did not want another national
bank established, for the reason that there were
enough already, consequently he asked Mr.
| Lynch to go and see Mr. Morrison and tell him
| that, perhaps, ne could buy national bank
| already established Mr.. Lynch did so. and then
negotiations were opened between New and
Wright and Mr.. Morrison. There is no possible
dispute about the fact that negotiations opened
about the 18th day of February and ended
about the 21st or 23d of February. Is there any
conflict of evidence about that factl Not par
ticle. is there any dispute about the further
fact that during the negotiations Mr.
Morrison was time and time again in
the First National Bank, in the back room, in
consultations Even f. A. w. Davis swears that
he and Morrison were there together at one time
But we will come to that alleged interview fur
Their on in this discussion. 1t is an undisputed
fact that Mr. Morrison was often in the back
room of the bank during the negotiations
Here are papers, in Mr. Morrison's handwriting,
In evidence, showing beyond question that there
was an investigation of that bank Is there any
doubt about that2 There must certainly have
been an investigation of the bank, otherwise
these papers that are here in evidence could not
have been produced. / ask you to consider
whether any one Of these exhibits, writ
ten by Mr.. Morrison and his clerk
Ketcham, could by any possibility have
been made up by any man who had not had
some sort of an investigation of that bank!
You know they could not. 1t would be utter
impossibility. What those negotiations were
we will come back to; but there negotia-
lions. Those negotiations closed on the I'D day
&c La1n 4t,oA a., y H. 6
the capital stock were assigned to Morrison and
Miller. There is no dispute about that. The
certificates and the certificate book are here to
show for themselves The receipt given by
these gentlemen for the stock is here to show for
itself. Now thus far there can be no dispute.
There is another point beyond dispute, and
that is that all these transactions from first to
last, as they appear upon the books; all the
entries that could have any possible connection
with this purchase and sale OF stock are In the
name Of Morrison and Miller and none other The
name of Morrison and Miller does not appear
on the books of the Indiana Banking Company
anywhere There is long account with Morri-
son and Miller on the First National Banks books
There is no dispute about these further facts,
that all the negotiations were carried on by
Morrison, and that all the contracts, and all the
signatures to the contracts, and all the payments
to Mr. New and Mr. Wright were made by Nor
rison ard Miller, and by nobody else. There is
not particle of evidence in this case that even
tends to prove any other or different state OF
facts. BY this purchase Morrison and Miller
came into possession of majority of the stock
of the bank. taking into consideration what they
might control by their friends ard the 140 shares
of stock in the bank taken from the defaulting
cashier Slaughter. Five days after this
trade was completed, Mr.. Morrison
was elected president of that
bank MIR .Ketcham and Mr.. Shepard tell
you that there was no sympathy with Mr.. Nor
rson among the stockholders, at all, and
thai he did not control anything. BY what
rtcyhf 4 hat aviA dr. fhoxy, oxy2
He was elected president just as as the
board of directors came together after he and
Miller bought this stock, and from that time
forward he had full CONTROL and that, too. with
out using the 140 shares of capital stock held by
the bank, taken from Mr. Slaughter That
stock, together with the 1850 shares bought from
New and Wright, gave absolute control; and, as
soon as he was elected president, Mr. Morrison
could manage the sale of that 140 shares. and he
did manage the sale of 1t, and sold it to Mr..
lockwood, whom he had put the board of
directors Now, from that time on to the day of
his death William H. Morrison absolutely con-
trolled this bank, didn't he2 He absolutely con-
trolled this bank, and here is evidence beyond
any possible dispute that Mr.. Morrison knew all
about the condition of that bank. Why, few
months after he became president he wrote to
the Comptroller of the Currency these words:
II am in condition to know more
about this bank than anyone else"
| will come to that letter again after awhile. AS
time passed on, Mr.. Morrison made published
statements of the condition of the bank, and
certified statements of the condition of the bank
made by tscashier, showing a complete and thor
ough knowledge of The condition of the bank
and its assets and liabilities. On Sept. 8, 1873,
six months after Morrison and Miller bought
this bank stock-I want you to remember that
date--Mr Morrison made and published over
his own name, a carefully -tabulated statement
that shows conclusvely that that stock was
worth more than Morrison and Miller paid for
it. Is there any spute about his having made
and IA Itch N of err r1otnv
He made it. and he made it after he had full
knowledge of the condition of this bank and
everything about it. Will plaintiffs counsel
dare to say that Mr.. Morrison made and pub
lished false statement! You have not heard
Mr. Ketcham or Mr.. Shepard even allude to that
statement. 1t is one of the important items of
evidence they carefully avoided making any
mention Of 1t is a statement that, by itself
alone, simply overturns their two days and three
quarters of abuse and alleged argument Judge
Claypool will not venture to refer to this state
ment of Sept. 6. 1873, in his closing argument.
If neither John c. Wright nor John c. New had
been in the ourt-room, if they had not testified
in this case, l could take the papers
that have been introduced in evidence
coming from Morrison and these plaintiffs and
show to any man of ordinary intelligence that
plaintiffs have no case, and that they know it,
and that therefore, they are obliged to, by their
counsel. put in day after day in abusing men
whose characters and regulations stand equal 20
their own anywhere. Now. are these facts, or
fanciess Mr.. Morrison lived and controlled this
bank with John G. McCutcheon-this scoundrel
according to plaintiffs counsel-right in the bank
with him, as his cashier, until the 10th day of
March, 1881 and during that three years and
more never made to the Comptroller of the Cur
rency, to Lynch, his vice president, to New or
Wright, or to any human being, the slightest
complaint with regard to the transactions touch
ing the sale and purchase of the stock; not the
slightest. He died March Is, 1881. If he was
then member of the Indiana Banking Company
Aaot lyaHf no Tp1i ~.
pany. Everybody knows that Suppose that
seven of you jurors in partnership, carrying
on business of any kind, and of you should
die. That firm is instantly dissolved, and ceases
to exist as firm. The surviving
partners of that firm can only do
one thing, and that is, under the law, to take
possession OF the firm assets ard close UP the
firm business Our statute provides just how sur