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

to support such charges; there is no evidence in
the case warranting any one of these grave
charges Why, even il a feou had been brought
from the penitentiary to testify, such charges as
these made against him, without a shadow of
proof In their support would have been out OF
keeping. and wholly unwarranted By the duties,
oolgatlons and common usages of the legal pro.
fesson.
Who is A. d. Lynch9 He is the man who sue
ceeded John G. Wright rs vice-president under
Mr. Mr. Morrison He is the man who succeeded
National Bank, by the votes of these very
plaintiffs who now say that he is such scoun-
drel He is man who has been twice appointed
Examiner of National Banks by the government
of the United States and who is now engaged in
winding up national bank in behalf of the gov
eminent of the United States. That is the kind
of man A d. Lynch is; and shall his reputa-
ton and standing be whistled away by such
man as Shepard saying he has been hired to
commit perjury, and that he has purposely and
corruptly done wrong, and that he is iarl Gen
tlemen of the jury whenever Mr Shepard can
bring before this community character and
reputation that begins to approach to that of A.
ID. Lynch, he can become great deal prouier of
his reputation than he now has any right to be.
There is not man in this community who does
not scont and scorn these charges, made without
any shadow Of evidence In their support. Ii
there is conflict in the evidence between wit
nesses, that is a fair matter of comment Where
Mr.. Davis. and Mr.. New, and Mr.. Wright come in
conflict, such conflict is fair subject for
comment and counsel have the right to COM
ment on 1t as much as they please, and bring
every circumstance in evidence to bear that they
can to induce you to believe their side of the
conflicting testimony But there is absolutely
no foundation at all for these charges against
Mr.. Lynch.
John &. McCutcheon has been called a. ''per-
jurer," "that periured man, ""that man who was
false to his chief" repeatedly. Not
twice only, but by the dozen times and not only
by Shepard. but By Mr. Ketcham. Now, on what
groundl Plaintiffs brought John c. McCutchson
here as their witness. They say they brought
him here on an attachment they subp9uaed him..
and Mr. Claypool was absent from the bank and
he could not GOMEZ just as quick as he ought to
have come. He did not seem to appreciate the
difference between bank and court, and con-
sequently he was attached. He subpmnacd
by both sides of this case. Plaintiffs put him
the stand four times to prove points that they
thought important and material in their case.
STILL Mr.. Shepard and Mr.. ketcham delight to
abuse him, and call him 'perjured villain"
and they bring three men here to try to contra
dict him with regard TO a transaction that oc-
Cured one night in this courtroom, when they
brought him here as their friend to help them
hunt evidence in this case. What do you think
of that? Mr.. McCutcheon testifes that be had
TO idea that they were setting up job on him.
He did not know these people. John c. McCutch-
con is altogether too honest and too gueless for
the company that he was IN that night. He
tells, you from the witness stand, that the words
that they put now into his mouth were almost
the words that he used, but with just little
shading put on them, by which it is sought to
put a different meaning on them. He came up
here to help them as their witness, and what he
told them just exactly what he swore
to when he came on the stand as witness.
What difference does 1t make whether he said "a
few days, or "ten days" What difference does
it make whether he said to them. here that night.
that he went to Mr.. Morrison's house "a few
days" before Mr.. Morrison became president, or
ten days" before Mr.. Morrison became presi-
dent! Ketcham says two days." two days"
sounds good deal like "a few days. Mr.
McCutcheon says the words used were "a few
days before or ''about ten days before" At
all events, and to show you that it is utterly inn
Mr.. McCutcheons own handwriting
on the certificates of stock shows that they were
made out the 23d day of February, and he
says he knows he went to see Morrison some
time before those certificates were made out
That is the material point But plaintiffs coun-
sci charge that McCutcheon has lied about every
point that he has testified to. On the main
points OF his testimony there is not a shadow Of
conflict This court will instruct you that you
are bound to consider and weigh a witness
testimony, and that you are bound
full state Of affairs if anything else
were the lawto consider a man honest and
truthful until the contrary is established. The
Court sill tell YOU further, that where there Is
conflict between witnesses, then yon are to weigh
and consider all the circumstances, and believe
the you believe has told the truth, but recon
Gle the conflicts if possible. Iwantto call your
attention a moment to that meeting, here in the
Court house, that evening. Mr. Ketcham thought
this morning that it necessary for him to
say something on that point; he felt that it was
time for him TO explain himself with regard to
that nights transaction, and he says: Don't
you know that Mr.. McCutcheon knew that was
a lawyer in this case, and that was deeply in
terested III this case; that my brother in law and
my brother, and my mother were deeply inter
ested" Yes; and gentlemen we also know that
he was or claimed to be, personal friend of
John C. McCutcheon he calls him Jack and
sends Claypool to his house to ask him to come
up to the Court house and help. They get him
up here and surround him with two lawyers
two plaintiffs, and a friend who volunteered his
sere they saw When Jack hey tell get Us ab am
1t was not, Mr. McCutcheon, what are you
going to swear to as to that meeting at Morri-
son's!' but it was. Jack tell us about this
thing, will your And then Daviss ears began
to stick up-he was up there in the desk, ne
says-he pricks up his ears instantly and listens
with all his might, and John l.. Ketcham gets
up from where he is working and comes close up,
know his memory is very frail, and he has to
listen hard with both ears to keep statement
from fading out of his memory" He gets
around close by Jack w. A. Ketcham asks
the question, and McCutcheon answers, why,
| never made any statement to Mr.. Morrison in
with his examination of this bank;
nobody ever asked nue. to-" Perfectly true
Ketcham then ask Jack" when was it you
went up to his house to talk to himl" McCutch-
con answered: II went up 2 few days before he
became president or about ten days before he
became presd ent." Ketchaln again asks, "What
did you tell him!" McCutcheon answered. II
told him all about the Miller and Slaughter af-
fairs; everything knew about them; told him
ALL" And then they come on the stand to paint
the difference between 1.-TWO days" and ten
days" and try to contradict McCutcheon as TO
the time named by him. Nobody pretends
that he did not tell them that night just
what he swore to here as to what he told Morrison
regarding the Slaughter and Miller defaults;
there is conflict on that point Mr.. Ketcham
tells you that he had it in his mind all the time
that that was the man who made the statement
the sworn statement, of January g. 1878. What
do you think Of such actionsl Garry that night
scene to Nnur Jury. room will VOL and along