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

risou by New aad Wright while he was negoti-
ating for the purchase of this stockl
Yes; by no witness, by nocircumstance in evil
dc nee, by no proved fact.
No; by these exhibits. written by William h.
Morrison. showing that he knew OF the defaults
of Slaughter and Miller.
No: by the fact that William Ell. Morrison
never uttered a word of complaint with regard
to representations made during negotiations for
the purchase OF this stock
No; by the fact that before he opened negotia-
tons for the purchase of this stock A ID. Lynch
had put him on his guard with regard to the
defaults of Slaughter and Miller
No; by the letters written by William FL. Nor
! rison to the Comptroller of the Currency, in
which he utters no word of surprise or complaint
with regard to the condition of the bank.
No; by the fact that John c. McCutcheon told
Morrison fully regarding the losses the bank
would sustain by the defaults of Slaughter and
Miller.
No by the uncontradicted testimony of John
G. Wright.
No; by the uncontradicted testimony of John
C. New
Was this suit brought within six years. as re-
duired by the statute of limitationsl
No; by the summons and pleadings on their
face.
Was the statute suspended by the tenn porary
absence of New and Wright
No; by the evidence that plaintiffs themselves
produced, and by the law applicable to that
evidence.
Now, gentlemen these are some of the mate
rial issues in this case. | have not time to dwell
further on them. They are the material issues
you are to pass upon 1t has been long
and tedious trial; nine-tenths of the
evidence that has been introduced
has really no bearing on the case. when you
come to consider its actual merits and issues.
Have you ever on a foggy morning stepped
out into your barnyard when the gable of your
barn looked like some high-turreted palace:
when an old stump looked like a tall giant ready
for conflict and cow looked like some huge
monster2 If you have you can we'll understand
the kind of work that has been done by plaintiffs
counsel from the very inception of this case.
They have sought to put distorted, smoky,
hazy, unreal appearance around the facts and
howl fraud, and ask you to find a verdict upon
assertions instead of evidence. But gentlemen,
let the facts as they come from these written ex-
hibits, as they come from these memorandum,
written by the dead Morrison; as they come from
the mouths of these living witnesses. dspel this
| fog and find Judgment in your minds and mem
cries. Decide this on the facts proved That is
| all my clients ask. / am not here to ask you to
| find that this and that witness have sworn false
| ly. | am not here to ask you upon the unsup
ported statements of counsel to find as fact
that that has not been proved, but am here, in
behalf of my clients. to ask you to try this case
upon the facts proved That is your sworn
stings of conscience. for, if conscience be not
dead, it will sting If you pronounce your
dict upon the facts proved, and nothing else.
these clients of NINE and these five witnesses
who have been abused beyond measure will 60
from this courth house justified in reputation, in.
character and in fact, and you, gentlemen or
the jury, will have done nothing m ore than your
oaths, your consciences, and your God require
in this case.