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

important items of value; one is the amounts
charged to profit and loss which are good; the
second is the premium on bonds, and the third
Is the value of an established business. None of
those three items ever appear on the daily
balance sheets. Mr.. English swears to you that
the goodwill Of an established business Of a
national bank doing the business of the First
National Bank of indianapolis was worth from
s5O.OOO to 100000. You all under
stand that Suppose in grocery establish
ment you have a good business established; you
know the good will of that established business
Is worth good deal. and remember that in this
sale Morrison and Miller were buying enough
stock to control the bank. Now Mr. McCutch
con swore to that statement Did he commit
perjury! Not at all. He told the exact truth as
1t was shown by the books. and he had to do
that because he could not do anything else. lie
could not tell how much the premium was on
the bonds that day back in the past; he could
not tell how much there was charged to profit
and loss that was good; he had no right to Judge
of the value of an established business; he did
not know how much the shortage was, because
he did not know how much would be recovered
from Miller and Slaughter; he did know of the
arrangement with tie mptroler-which is in
clear and undispute0 testimony-that the bank
was to carry this along until the bank officers
could make the adjustment; he did not know
how much the five per cent fund was out of
balance, and he never found it out for "A year
SITTER that. although he was continually
corresponding about 1t, He did not
get ii adjusted until away Ill 1879. Hence l say
McCutcheon committed no wong in making that
statement. a short time after that, and after
Mr. Morrison was in possession of the bank and
had been for nearly month its president, MIR.
Morrison certified to exactly the same kind of a
statement which is in evidence. Now, if Mr..
McCutcheon committed perjury in certifying to
the first one, Mr. Morrison was equally guilty In
certifying to the second; but you do not believe
that either one Of them committed perjury, for
they did not do it. Point me to fault in any
OF these books, or N any sworn statement made
before the purchase by Morrison and Miller, and
/ will show you its counterpart made by Morri
son after he became president OF the bank.
Show me anything wrong, false, bad, corrupt, if
you can; you cannot do 1t; but, II you can,
will show you the same kind of a transaction
under Mr. Morrison, sanctioned by him and per-
formed by his commands.
Now, gentlemen, after so long time, we have
reached the point where it is proper to consider
ehe actual condition of the First National Bank,
rs it existed on the 23d day of February, 1878.
FRIDAY, July 10, 1885.
Mr. BUTLER. (Resuming y
Gentlemen of the Jury:
Mr.. Mcdonald on the day he spoke to you,
said ali that is necessary to say to you, with re
gard to the Thompson and Henderson evidence,
and also in regard to the sale of the stock to Mr..
Condt. 1t is perfectly apparent as to the Con-
dit sale, that Mr.. Buck Terrell owed the bank
large sum of money, and had seventy five shares
of stock. Mr.. Condit wanted an investment of
$40, 900, instead of S., 800 and Mr.. New was anx-
ious to get Terrells stock applied on Terrell's
debt to the bank he therefore negotiated with Mr..
Condit for the sale of $40, 900 of stock, and in
tended to put in Mr.. Terrell's stock as a part of
that sold, and fill out the balance with his own
stock He could afford to do that, rather than
miss the opportunity to collect the Terrell debt.
When he got the sale made, Terrell went back on
it, and would not let New have his stock. New,
therefore, delivered to Condit enough OF
his own stock to comply with his bargain 1t
there is anything wrong about that, do not see
it, AS to the casual conversation, Mr.. Hender-
son testified He had been banker in this city
for twenty years, but had then just gone out of
banking and was engaged In other business. Mr..
New, whether he wanted to sell his stock or not,
son about banking. Mr.. Henderson swears that
Mr.. New was frequently about his Office or would
send for him Henderson, to come TO the bank
in regard to the water works matter Mr..
New was the partner of the owners of
the New-Denison Hotel. Denison being
large owner in the water works. business
matters connected with the water works often
required interviews between Henderson and
New, who acted in those matters as agent for
his partner, Denison. Mr.. Henderson testifes TO
that and so does Mr.. New. 1t would not have
any bearing on this case, if New had said to a
dozen men, Give my price and Will sell my
stock Suppose ne said go to dozen men,
suppose he had printed it in the newspapers. Il
have 1880 shares of the First National Bank
stock end am ready to sell it to the first conner
who will pay me my price," would that be proof
that he was trying to commit a frauds None
whatever.
Much has been said by Mr.. Ketcham about the
dead in this case. / wish Mr. ketcham to be
present when make point | am going to call
the attention of the jury to in few moments
II is point Mr. Ketcham made yesterday, in
which he was badly mistaken.
Mr. KETcHAM-You cannot find one.
e. q - T
to say about the dead. Shepard and Ketcham
have had much to say about the dead in this
case. You will remember how, and with what a
domineering swagger, Mr.. Ketcham got up before
his table and cross examined Mr. New. He said
'tMr New, you talked with Mr.. Riggs, didn't
you, about selling him some of this stock2"
''Yes sir" 'Mr Riggs is dead, is he notl"
Eyes, sir '.You talked with Terrell about the
Condit stocks" Yes Sir" "Mr. Terrell is dead,
is he notf Eyes, sir. you talked to Mr.. Laner
about buying some of this stock, did you mott,
''Yes, sir" 'Mr. Lanier is dead, is he not?"
ayes. he is dead"
And now, gentlemen, can tell you of another
man who is dead and that is old man Morrison;
and if he were not dead this suit would never
have been brought; if old man Morrison,
with his lelical look and his clear, gray
eye, could step into this court house, these
plaintiffs would stink out of it in shame and con-
fusion Now will tell you OF a man who is not
dead. and that is Samuel Miller. Hell on the
though he was the principal actor in it in con-
Eection with Mr.. Morrison; and he is alive.
They put him in as plaintiff in this case when
they brought this suit, and, by his counsel, he
compelled them to scratch his name out as
plaintiff, and they then put him in as defendant
The original complaint shows that fact. They
have known where he is for over year. They
asked me to admit that he is in New Mexico l
told them we would admit that he is in New
Mexico if they know him to be there. Not a
word of evidence is taken from Mr. Miller in this
case. When Mr.. Miller was sent for by tele-
graph to come here and close up the trade for
this stock. don't you suppose he knew what he
was doing2 When, with his own hand, he signed
the contracts of February 81 and % didn't
he know what he was about! Did he not know
for whom the purchase was made? He is not
here. Plaintiffs have not sought to take his
evidence On yesterday / was talking to
you about some exhibits, and, among them
showed you a note for $342 900, " ich is exhibit
Ak y and which the reporter had marked as
canning ont of Morrisnn's tin box and as produced