The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-11
OBJECT To A CERTIFICATE.
Defense Raises a. Technical Point i'm
the First Evidence.

AT exactly 4 o'clock Mr.. Harris concluded
his statement to the jury, and as he took
his seat Judge Baker said, Call your first
Witness"
The room was very still in anticipation of
the first bit of evidence to be introduced.
All eyes were turned to the witness stand
near the outhwestern corner Of the room
Immediately in front OF the jury. There
were several minutes Of suspense while
the court awaited the appearance of the
first witness. In the interim there. was
speculation as to whom it would be. This
speculation took a varied range. Whis-
pered conversations were held in all parts
Of the room. A number of persons eX-
pected to see Theodore p. Haughey appear
as the first TO give evidence on behalf of
the government. Others thought the gov
eminent would not thus early in the case
make known to the defense the strongest
points of it's case. All the while District
Attorney Burke, with his deputy, Edwin
Corr, and Mr.. Kern. were busily engaged
with a lot of papers lying upon their
desk. These papers were tied with little
pieces of colored tape. After several min
utes Mr.. Kern arose with some halB dozen
of these in mis- hand and announced that
the first witness was these same papers.
I'VE desire to offer in evidence a certified
copy of the certificate of organizat on of
the Indianapolis National Bank of Indian
apolis.''
Mr.. Kern handed the copy to the at
torneys for the defense, and continuing,
offered in evidence certified copies of the
articles of association and the authority TO
do business. All the papers were then
handed to the defendants attorneys and
by them closely scrutinized for a few min
utes. II was but a short time till IAN OBJ
~JectiOnable point was thought to have been
discovered. Reading from one of the certi-
fed copies Mr.. Harris raised his head and
said, .Sixty-four? Why this charter has
expired"
TT was renewed in 1884" replied Mr..
Kern.
The heads of the attorneys for defense
were then again bent over the table in low
conversation. In a few moments Mr.. Har-
rs called for a copy of the United States
Revised Statutes, saying that the certid-
Gates were signed by, a deputy Controller
of the Currency and he thought there was
for that reason n question as TO tn air
authenticity or adnissibility as evidence.
1T Is plain we are TO have a technical
fight" remarked Mr.. Kern TO District At
torney Burke when the question was raised
by Mr.. Harris.
The statutes were brought in and consult
ed. Section 327 was the one that governed
Tense, after reading the section, renewed
the objection TO the admission of the evil
dence. The certificate was signed by O.. L.
Tucker Deputy Controller of the Currency,
and the section OF the statutes relating 10
the duties and authority OF the Deputy Con-
tToller. 1t provides that he shall have the
power 10 perform the duties attached by
law to the Office OF Controller during a va
cancy i'm the office or during the absence or
inability OF the Controller. Mr.. Miller also
urged as an objection that the certificate of
the Controller should certify that all the
provisions of the law had been complied
with, while this certificate only stated that
1t was a true copy Of the original articles
OF association. After some more argument
for and against the objection which had