The morning news., 1891-05-30
THE BANK SUITS STILL ON.

The Testimony to be Finished This
Morning and the Case to Go to the
Jury To-day.
The Gnilmartin bond suit against the
Merchants National Bank Is not yet con-
cluded. 1t occupied all of yesterday, and
recess was taken at 1880 o'clock last night
until 10 O'Clock this morning.
Interest in the case is still undated. The
city court room was filed again yesterday
by business men, who are closely watching
every twist and turn.
Mr.. Carhart was the first witness placed
upon the stand. His testimony was on the
same line as that or Capt. Guilmartin and
corroborative In almost every particular.
He testified as to his doing business through
the bank on Especial" receipts Of Gadsden.
He also proved that during Mr.. Cope's
presidency, that official had issued similar
receipts to those of Gadsden, and he con-
sidered it a custom Of the bank. Mr.. Car
hart is retired banker and lives in Brook
lyp.
Mr.. Gaudry and DIR. Heron were recalled
to identify certain receipts, and Alderman
Mills was put upon the stand TO prove the
banks custom of doing certain business
through cashiers receipts
This closed the testimony for the plaintiff,
and, after q short recess, Mr.. Erwin asked
the court for non-suit. He based his de-
mand for a non-suit on the ground that the
Merchants Bank Is gratuitous bailee Of
the Guilmartin bonds and had never re-
oeived cent for holding the coliaterals.
The only thing on which the
bank could be held, Mr.. Erwin claimed, was
for gro2s negligence in not caring for the
bonds. In such an event the burden OF
proof is upon the bailsr TO prove the negli-
gence This had not beea done by the
plaintiff. Capt. Guilmartin, who had at
one time been director, testified that the
transactions had never TO his knowledge,
been considered by the roard of directors.
he had depended upon Gadsden,
and considered him an honest
man. The bank, he admitted, had not
been negligent in keeping Gadsden in its
employ. 1t Is admitted, said Mr.. Erwin,
that Gadsden stole the bonds, but the bank
should not be held responsible for the pri-
vate act OF its servants. He read from
numerous authorities to sustain his position,
notably from Massachusetts, laws.
Air. West replied for the plaintiff. He de-
MED that there were any grounds whatever
for non-suit, and also denied chat the au-
thorities cited by Mr.. Erwin had any bear~
ing whatever on the case at bar. The laws
Of Georgia specifically state that In all suits
OF this kind the burden Of proof is not upon
the bailor to prove gross negligence, but upon
the baiee to prove due diligence. He ridi-
culed Mr.. Erwin's position that because
Capt. Guilmartin and the bank had consid-
cred Gadsden an honest man that there was
no redress when a mans property was made
away with. If such an argument was valid
Mr.. West claimed that a bank could
shirk responsibility for almost anything
tha6 should be stolen by setting up
a plea that they had thought the servants
were honest. The question of whether or
not the plaintiffs had shown negligence, Mr..
West said, is matter for the jury TO decide.
Mr. Saussy followed Mr.. West and backed
up bis colleagues argument against q nom
suit by numerous Georgia authorities.
At the conclusion Of the argument Judge
Harden rendered decision denying nom
suit and ordered the trial to proceed. The
testimony for the bank then began. 1t is in
a line that the bank is not responsible for
such special transactions as those of Capt.
Guilmartin, as it did not receive any re-
muneration, and they were merely accom-
mediation.
All the evidence will probably be in this
morning, and the jury win got the case this
afternoon or tonight.