The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1894-03-06

to time of its assignment Sept. 81
1890. was present at making oI
affidavit in Feb'y 1891. r. A. Mitch.
ell, Judge James Campbell, j. c.
Flournoy and myself were present in
the small room, next to court room.
was asked to give the facts as to the
note of Bowers & Carter for $4,000
and stated to Judge Campbell, j. G.
Flournov and II. A. Mitchell that in
April, 1890, / had sold and delivered
said note 10 the New Farmers Bank.
II. A. Mitchell stated that he had no
personal knowledge of this transac-
ton. but knew that the transactions
between the two banks had been large
and that the Fulton Bank had sent the
New Farmers Bank a great deal OF
paper, but did not know as TO this
particular piece. [ then said, Cousin
Dick, I'll convince you of it, and went
into the court room and got the origi-
nal $4,000 note aud showed my in
dorsement as cashier of Fulton Bank,
in blank on the back of said note, and
upon my positive assurance that l rec
ObCOtOu tuO tlduSdOtiOhS hO maui tuC
affidavit.
NoTE.-Then the $4,000 note and
the Endorsement in blank, A. L. Mitch
ell cashier on the back of it, was read
to the jury.
Judge James CAMPBELL was
present at the making of affidavit and
A. t. Mitchell, in most positive terms
assured r. A. Mitchell that in April,
1890, he had sold the Bowers & Car
ter note for 81, 900 to the New Farm
ers' Bank, and got the note and show
ed r. A. Mitchell his Endorsement in
blank, on the back of said note, as
cashier of Fulton Bank. 1 wrote the
affidavit from statements made by A.
L. Mitchell, and being assured II. A.
Mitchell made the affidavit.
j. G. Flournoy-I was present, in
the room adjoining the court room,
when Judge Campbell wrote the affi-
davit. A. L. Mitchell. who had been
cashier of the Fulton Bank, stated to,
and assured RIA. Mitchell,i in most posi-
tive terms, that in April, 1890, he had
sold and delivered the Bowers& Carter
note for $4,000 to the New Farmers
Bank, and r.. A. Mitchell remarked
that, while he was aware of large
transactions between the two banks,
he had no personal knowledge of this
one then A. T. Mitchell went into the
court room, got the $4,000 note and
showed r. A. Mitchell his indorse-
ment, in blank, as cashier of Fulton
Bank on the back of it, stating, "this
will convince you" Case closed.
INSTRUCTIONS,
A, given--The Court instructs the
jury that if they shall believe from the
evidence, beyond reasonable doubt,
in Hickman county, and before the
finding of the indictment herein, there
was an action, wherein r. A. Mitchell
assignee of Fulton Bank, was plaintiff
and G.. II. Bowers and Bowers and
Carter were defendants, then judic-
tally pending in the Hickman court OF
common pleas, which court had COM
petent power and authority and juris-
diction. to try and determine the issues
in said action pending, and that
the defendant, r. A. Mitchell, in. the
county aforesaid, and before the find
ing of the indictment herein, did make
and subscribe his affidavit, and file it
in said action in said court, and that
he was duly sworn TO said affidavit
that the statements therein contained
were true by M. l.. Morris, and that
he was then clerk of the Hickman cir
cult court. and that the defendant did
there and then. knowingly. falsely,
corruptly, willfully, feloneously and
wickedly state and swear in said affi-
davit "that in April, 1890, the Fulton
Bank did sell, indorse and deliver to
the New Farmers Bank the note for
five thousand dollars sued on" or
''that the note sued on was received by
the New Farmers Bank, Endorsed by
A. Il. Mitchell, cashier, in blank, and
that the five thousand dollar note
sued on was, after dishonor, returned
to Fulton Bank, and became it's prop
erty," and if the jury shall further be-
lieve from the evidence, beyond a rea-
sonable doubt, that either of said
Sldteul6HtS was ldlse, anu was hnON II
by the defendant to be false, at the
time he made il, then the jury will
find the defendant guilty as charged
in the indictment, and fix his punish
ment at confinement in the state peni-
tertiary for not less than one year,
nor more than five years.
b, given.-The court instructs the
jury that although they may believe
from the evidence that the defendant
made and swore to the statements in
his affidavit set out in instructions "a"
and that said statements were false,
still if they shall further believe from
the evidence that the defendant, at
the time he made said statements, in
good faith, believed that they were
true, then the law is for the defendant
and the jury will find him not guilty.
G, given-If the jury has reason
able doubt of the defendant being
proved guilty, they will find him not
guilty.
ID, given-The court instructs the
jury that they cannot find the defend
ant guilty, unless they believe beyond
n raacnna hla 6ouht that tho 20 loitu IF