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

get 1t out OF hlml When MIR. Day was on the
stand as their witness, asked him what papers
he delivered to MIR. Davis out of the tin box that
he got from the Indiana Banking Company, or
up at Mr.. Morrison's house; What papers did
you getl' He answered, Il got a good big
bunch" / asked him How many, five or sixl7
.'Oh, yes: more than that" "Forty?r eyes; |
should think as many forty or forty five. !" Amy
envelopesr Eyes; three or four" And, don't
you remember, when it began to get too hot,
Mr.. F. A. w. Davis put on his hat and sneaked
out and brought in lot of papers, and among
them this envelope, and Shepard shook before
you some more envelopes and lot of cancelled
checks and notes This envelope Shepard flour
ished is marked National Bank" | would like
to know what was once in that envelope, wouldn
youl 1t is an envelope that came out of the tin
box and when it got here it was perfectly empty,
and it has on it Morrison and Miller's purchase
of stock of the First National Bank from John G.
New, Esqr." What was in it, Not cancelled
checks. gentlemen: not cancelled notes because
of Morrison's tin box One of them has on it
Morrison and Miller's cancelled checks and can
cel.ed notes." Here is the other one, and on it
is Twenty Shares Capital Stock. July 1873
Ten Shares do do, February 1873" and, down in
the corner wv. FL. Ms jr.. and j. A Ms note. I"
There are the three envelopes that ought to have
told a considerable story in this case, and of
them has on it Morrison and Millers
purchase and it is empty; These h
recognized as delivered by him to Mr. Davis
out of the tin box. Now, to satisfy you that no
memorandum has been put In evidence out of
this envelope that came out OF that tin box.
want to call your attention to still another state
menJ The envelope that Mr.. Davis brought
here with the papers that have been put in evil
dence as coming out of the tin box is yellow en-
velope, and it is an Indiana Banking Company
envelope. Here it is. 1t is exhibit IA" Now
| want to show you the exhibits that were found
in Mr. Morrison's tin box in this envelope ''Exhib-
it AA." The exhibits that came out of this yellow
envelope, Exhibit AA," are exhibits marked
from ''D' to M" inclusive. They include the
three lists of notes that to be taken by
John c. New and John C. Wright; the state
ment made by Mr.. Morrison as 20 who the stock
was bought for; the copy of the contract of Feb
%, 1873, and the copy of the contract of Feb
q, 1878 the check given to John c. New for his
$97 900 payment; also the check given to John
G. Wright for the $85, 900 payment, and, more
than that and chiefly, the note itself upon
which they bought the stock, the $342 600 note
These are some of the papers foundin the yellow
envelope that came out of the tin boxi
MIR. kETCHAM-Do you say that the $342 00O
note came out of the tin box9
Mr. BUTLER-I say by your statement on this
exhibit, as marked on it, this $342 900 note did
come out of the yellow envelope taken out of
the tin box
MR. KETCHAM-Dont you know that you pro-
duced the $342 900 note YOURSELF
Mr.. BUTLER-I do not know any such thing
l was going to say that the statement here on
this envelope, made by the reporter, may posi-
bly, be wrong. / do not know whether it is cor
rect or not | do not care where the $342 900
note came from. Notwithstanding MIR Ketch-
ANS assertion, say / am very sure we did not
produce that note. | never saw it until it was
offered in evidence. AT all events, the papers put
in evidence by Davis coming out of the
tin box came out of the envelope IA" SO Davis
testified Now want to show you the envelope
that we got our exhibits out of and you will find
it is not addressed as Mr.. Shepard said it was.
Here is the envelope out OF which our exhibits
came. 1t is National Bank envelope marked
by Mr.. Morrison's handwriting New and
Wright's sale of stock" That is the envelope
we got our exhibits out of. 1t contained exhibits
'BB, ''CC," ZEE" and 'HH," the last named
being the proposition, written by ketcham to
give $160 per share if New and Wright would
take certain notes. Now, another circumstance
happened in this case-it is full of strange
things. according to Ketcham and Shepard. Mr.
Shepard took Mr.. Lynch to task and charged
him with having lied because did not state in
my opening statement every fact that Mr. Lynch
afterwards testified to. Mr.. Ketcham, when he
attacks Mr. Lynch, says that he has lied because
did state in my opening statement just what
he swore to, and that he afterwards swore that
he ha d not seen me until some days after the
trial began. Now, the trouble about it
is, neither statement is correct. You recollect
that Mr. Shepard made that as distinct charge
against Mr.. Lynch; that had made in my open
ing statement certain statements that Mr.
prepared to swear to what afterwards he did
swear to, would surely have so stated Mr.
ketcham says Lynch has lied, because did
make the statement that he finally swore to, and
then he came on the stand and swore that he
had not seen me until after made my opening
statement. Now, both of them cannot be right
l say neither of them is right. The facts are
just these, as Mr.. Lynch testifed he did not see
me until days after the trial commenced, but
did, in nay opening statement, state part of what
ha would testify tn hecauSa I know ma
not from him--but knew about the converse
ton between Morrison and Lynch from my
client. and knew from the report of March Is,
1878, what he had done in that regard. Now,
gentlemen, believe that is all l have to say
about Mr.. Shepard's argument except TO say
that from the first of it--and he occupied day
and an hour-to the last of it, out
side of abuse of witnesses with
to matters that are wholly inmaterial In this
case, | fail to discover any other points than
those he tried to make with these exhibits to
which have called your attention
Mr. Ketcham started out with statement of
what Mr.. Morrison found.when he got into this
bank He came into it, he said, "a perfect
stranger. and did not know anything about it, I"
This statement is not only wholly unsup-
ported by the evidence, but is in direct con-
fiict with the evidence, and is in conflict with
repeated admissions made by Ketcham in his
argument he admitted that there were many
interviews during the negotiations, and the ex-
hibits prove extensive examinations of assets.
He said that Mr. Morrison found "defalcations "
false oaths," false books" "a rotten bank "a
corrupt and trmbling institution" He then
said what effe ct would it have had upon the
Indiana Banking Company if Mr.. Morrison had
com laned and brought suitl"-and for three
quarters of an hour he tried to depict to you
the terrible results that would have befallen the
Indiana Banking Company if Mr.. Morrison and
Mr.. Miller had uttered a word of complaint,
or had brought suit against Mr. New
and Mr. Wright. Now gentlemen, Mr. Morrison
could have complained to Mr., Wright or to Mr..
New without bringing any suit, couldn't hel
He could have expressed his dissatisfaction
without bringing any suit, couldn't he2 He did
not even do that. But Mr. Ketcham goes on at
great length to say that the books of the Indiana
Banking Company, and the condition of its
affairs, show that it would have absolutely
ruined both banks if complaint had been made,
and suit had been brought. He finally told you