The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-07-29
MR.PLATSHEK'S TESTIMONY
Its SOuRdnGSS Questioned by the MGT-
chants Banks Attorney.

A Severe Arrangement During the
Progress of the Carhart Case by
Hon. f. G. du Bignon-Mr. Platshek
be Changed this Morning not
to Discuss the Case Until Then.
The arguments in the Cahart case were
concluded yesterday afternoon at
o'clock and Judge MacDonell instructed
the jury to get good nights sleep and
return at 10 o'clock this morning to be
charged.
Mr. c. N. West opened the argument
yesterday morning for the plaintiff and
endeavored to show that the Tt responsible
ity for the loss of the securities rested on
the Merchants National Bank because
they had not exercised an ordinary de-
gree of diligence in protecting it,
The securities in question, it seems,
were placed in the banks as gratuitous
bailment, and as collateral put up by
Messrs. Malcolm Maclean and A. M
Martin for individual loans made to them
by Mr. Geo. b. Carhart, of New York.
These securities were used by Cashier
Gadsden in. his speculations, and it is
claimed that the bank officials did not
use ordinary diligence to prevent their
loss and misuse, or, in otherawords, that
some of the officials of the bank knew of
what was going on and they could have
prevented the loss of the securities with
little trouble and precautiOn This is
what the plaintiff must prove before he
can recover, as the securities were de-
posted in the bank as a gratuitOus bail
ment and nothing whatever was paid the
bank for the trouble.
BROKER PLATsHEK UNDER FIRE.
Hon. Fleming G. duBignon opened for
the defendants, and the line of his argu-
ment was somewhat sensational, in that
he began with an arraignment of MIR. Sam.
Platshek for giving the testimony he did.
| Mr.. duBignOn endeavored to Impress upon
| the jury that Mr.. Platshel1's word should
not be taken as against the dying state
ment of Capt. Hammond, the president Of
| the bank.
| 1t seemed that Mr.. Platshek testified to
| some sort of collision in the speculation
| transactions between Capt. Hammond
| and Cashier Gadsden. The statement of
| Capt. Hammond was taken while he was
| sick in bed just before his death, and he
| denied it.
The main point in the testimony given
! by Mr.. Platshek was with reference to
| a conversation he overheard between
! Capt. Hammond and Gadsden. Gadsden
asked Platshek how many shares of New
! York and New England stock he had
and he replied that he had 200, and &SlKed
| ifany more was wanted. Gadsden then
went to speak to Capt. Hammond, and
| Platshek says Hammond told the cashier
! to buy him one hundred. Gadsden then
| told Mr.. Platshek that he wanted anoth-
er hundred From this and other Incl
| dents, Mr.. Platshek concluded that Capt
| Hammond knew of the cashiers specula-
| tiOns.
HIS TESTIMONY IMPEACHED.
Mr.. DuBignon's arraignment was a
strong one. He scored Mr.. Plat
shek for attacking, as he said, the char
acter of a man that was dead, and said
! that if Gadsden was a suicide he was an
assassin, as he had attempted TO take
| that which was dearer than life. He
said that Mr.. Platshek had made state
ments about a conversation endeavoring
to show the completely of these two men
who were dead and who could not bepres-
ent two deny them. He scored him for
not having given this testimony at the
first trial when Capt. Hammond was
alive, and said that his testimony had
| been given prominence, in this case that
he had never enjoyed before
Hon. Pope. Barrow concluded the ar
| gument for the defense His argument
was along the same line, going to show
that the bank had exercised due diligence
and was not responsible under the cir
| Cumstances for the loss of the securities.
Mr.. j. r. Saussy closed for the plain
tiff. He tried to reconcile the dying
statements of the parties concerned with
the testimony in question.
1t was then adjournment time and
Judge MacDonell did not charge the jury.
He instructed it to get a good night s
sleep and to discuss the question with no
one outside He win give his charge at
10 o'clock this morning.
WHAT MR.. PLATsHEK SAYS.
Mr.. Platshek said last night that he
wished TO state that the conyersatio as
to which he testified, between Capt Ham
mond and Asher Gadsden, took place in
the directors room of the Merchants
bank and not at his Office as has been re-
| ported
The attorneys for the bank" said Mr.
Platshek, "endeavored to procure wit
nesses 70 impeach my testimony, but
failed. The attack of MIR duBignon
upon my personal character was made to
strengthen his side Of the case. The law
is that the testimony of q witness stands
good unless the testimony of that witness
is impeached, which was not done in this
case. 1t seems unfair to me that man
of good standing in the community in
! which he lives can be so viciously attack
ed and the court not interfere in his de
Tense"