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

two-thirds of all the notes. bills and judgments
then owned by the First National Bank
In the face of such evidence who can dare to
say that Mr.. Morrison did not make an examina
| ton of that bankl
Mr.. Wright swears to you that on two occa
sions Mr. Morrison and Mr. New left the bank
with the assets of the bank in their hands, Mr..
New taking the notch book containing the notes
of the bank; at one time they took the cash
book and at each time the daily balance-sheet,
the list of notes and bills receivable the state
ment of overdrafts. the Judgment docket, and
a statement of drafts sent forward These
papers showed the entire assets and liabilities of
the bank-on two different days they took these
papers and left the bank together-Mr. Wright
says they left the bank together, and, of course,
he did not know any further than that; but they
were gone from two to three hours each time.
Now. the confederation of that evidence is by
Mr.. New. Mr.. New states just what occurred
at that room on East Washington street both
days. He testifes that he aud Morrison went
over every asset and every liability of the
bank, and talked about everything in
connection with the bank from first to
last. Is his evidence true or falsel Are you
going to presume it is false2 If you DO, on what
grounds There is no conflict of evidence on
which you can reject it. No witness swears to
the contrary. If You presume it false, how will
you get rid of these five exhibits? How will you
get rid of that exhibit made by John l.. Ketcham,
which is copy of the daily balance-sheet OF
Feb. 10! Where did he get that 'FRONT.' If New
and Morrison did not go to that room on East
Washington street and take that daily statement
with them, where did Morrison get it from!
Under your oaths you have DO right to reject all
this evidence that Morrison examined the bank.
John G. McCutcheon testiies that he went to
Mr. Morrson's house and there told Mr.. Morri-
son all about the Slaughter and Miller defaults,
and named over to him every overdraft that
Mr.. Ketcham mentioned here in his speech
loss-every one-and that he told Mr. Morrison
fully and truthfully all he knew about those
defalcations Did Mr.. McCutcheon so tell Mr..
Morrison notl There is no evidence to the
contrary-not a word, not circumstance. Did
not Mr. Morrison know all about this bank he
fore he bought this stockl Has Mr. McCutch-
con, without cent of interest in this suit,
deliberately he'd about going to Mr.. Morrson's
house and telling him about the Slaughter and
Miller defaults BY what right can you pre-
sumo, without evidence. that he has? Who has
sworn that he did notl Why even when
plaintiffs and their counsel set their trap for him
which was one of the most dsgraceful affairs
that ever occurred in any court of Justice, or
in any case-when they set their trap
for him, they failed to entrap him into any
statement different from his testimony here
regarding his visit to Mr. Morrisons house
and what he there told Mr.. Morrison about the
Slaughter and Miller affairs. They have not
sworn that Mr.. McCutcheon ever said that he
did not 60 TO Mr. Morrson's house, and that he
did not tell Mr.. Morrison all about the Slaughter
and Miller defaults, while he swears that he did
60 and did tell Mr. Morrison all about the defalca
covered all over with figures that could not have
been made without an examination of the bank
or knowledge of its assets; how will you dispose
of them9 Exhibit 'BB, written by Morrisou
and admitted to have been made early in the
negotiations, shows clearly on its face that Nor
rison knew all about the Slaughter and Miller
defaults and losses when he wrote it, and Lynch
swears he put Morrison on his guard before ne
gotiations began. Two of these five exhibits
are in the hand writing of John L. Ketcham
ZEE" and "HH." Mr. Morrison wrote
line of exhibit ZEE" Ketcham wrote the rest of
it. John L. Ketcham also wrote the face of
&C" which is copy of the daily balance-sheet
of Feb. 10, 1878 On the back of this exhibit
"CC' is a good deal of writing in Mr. Morrisons
hand, which | read you little while ago. At
the bottom he says: 'sMr. Ketcham, review
these questions" Mr. Ketcham did review
these questions! He wrote these exhibits 'HH"
and ZEE" at the very time when he knew that
negotiations were going on for the purchase of
that stock between Morrison and Miller and
Wright and New. He knew that fact He says
he knew it. He says he knew at the time
that the writings he was max max
according to his testimony, gentlemen, he at the
same time knew that every dollar he had on
earth, and every dollar that his mother had on
earth, and every dollar that his brother-in-law
had ON earth were involved in that transaction;
more than that, he swears to you that he was
very anxious about it, more thar that, he swears
to you that he asked Mr.. Morrison for the privi-
lege Of making q personal examination, and that
Mr.. Morrison told him no, that he was making
the examination for himself Now, in the face
of all that, John L. Ketcham swears that he has
not the slightest recollection about anything
connected with this transaction; he says he
wrote these papers as a clerk, and that they have
faded out of his memory, and that he cannot
recollect whether he complied with Mr.. Morri-
sons request to examine these questions not
If he did, the fact has entirely gone from his
recollection, although thcre are three of the
most important papers in the case written by
him. So important are they that they were
stored away by Mr.. Morrison in an envelope
headed Wright and News sale of stock, yet John
l.. Ketcham says that he has not the slightest
memory about them. Now gentlemen, has he
told you the truth about that? / am not going
to say he has not, but am simply going to say
this, if he has, then the Indiana Banking Com
pany, at that time had no interest in this trade
You cannot believe his statement if you believe
that the Indiana Banking Company originally
bought this stock. If he had his whole fortune
at stake he has not forgotten it; butif he was
simply acting as clerk for Mr. Morrison, and
doing some writing for him as friend, in which
he (Ketcham) had no pecuniary interest at stake,
then he may have forgotten. Do you believe
that every dollar that he and his mother, and
his brother in law had in the world at stake
in that transaction, and that he wrote these
papers then, knowing them to be connected with
that very transaction. and that he has forgotten
it? Human nature will not bear you out in such
belief
am not going to say that John L. Ketcham
is perjurer not at ALL but / do say that if the
Indiana Banking Company originally bought
this stock, he has not forgotten about writing
these papers, and reviewing these questions but
if the Indiana Banking Company did not then
have any interest in the purchase of the stock,
he might we'll have forgotten.
Now, gentlemen, another question: Were
any false representations made by New
and Wright to William H. Morrison, pend
ing these negotiations Plaintiffs charge in
their complaint that New and Wright
made false and fraudulent representations,
and that Morrison bought the stock in entire
ignorance of the condition of the bank, relying
upon the representations made by New and
Wright. Who has sworn to single representa-
ton made by them that was not exactly true2
What circumstance is there in the evidence in
this case tending to show that there was single
fact colored or withhold You cannot try this
case ON the sfatamentS of Shanard CIavnnol q nd