The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-26

January OF this year he had received a let
ter from Lydia n. Collins attorney offering
him = cents on the Collar for such OF these
longtime notes as were held by him About
the time he received this offer. Mr.. Smith
received through the mail an inventory OF
the stock in New York, which stood Sc
curity for the notes The inventory showed
the property 10 be worth about $4,000
There was no inciosure with the inventory
TO explain by whom or the purpose for
which it was sent, save a memorandum,
testified 10 be In the handwriting of F. A.
Coffin, giving. the probable value of the
held by Mr.. Smith. Mr.. Kern construed
the evident purpose of this inventory to be
to lead Mr. Smith TO believe that he had
better accept the offer of % cents on the
dollar for the notes.
Mr.. Kern then took up the consideration
OF the counts charging misapplication. BY
way of preface 10 his argument upon these
counts he cautioned the fury not to be mis-
led by the adroit juggling of figures by
Mr.: Winter, which, he said. was appar-
He admitted that he was not adept at
handling figures and book accounts. but
when he lost dollar he knew that he was
out one dollar and an array Of figures to
show that he had lost nothing was likely TO
prove uninteresting-he would rather have
the dollar Upon the basis OF the caleula-
lions OF Mr.. Winter he said, MI. burke
figured out last night that the Indianapolis
National Bank actually owes the cabinet
company $1,000" He then took up several
OF the counts charging misappllcation and
argued that the government could not ac-
cept as true Mr.. Winters arithmetic when
they saw the paper upon which the money
had been drawn from the bank and on the
other hand saw that the money gone,
and expressed the belief that Mr., Winter
was attempting to play upon their credu-
lily in presenting to them his contribution
of figures upon which ne asked them to
believe that no money was lost TO the
bank by the transactions. He took up the
drawn on July /, and other checks during
that month drawn against the pay roll ag
gregating about 5000. and called the atten-
ton OF the jury TO the evidence introduced
showing that the factory was shut down
during this month for the purpose of TAX
ing the inventory which has become a
part OF the evidence in this case.
The counts charging false entries were
considered by Mr.. Kern in lump, the
basis Of his argument being that it was
a false entry to record paper such as was
In conclusion Mr.. Kern said
These defendants are men Of intelligence,
b=en high. Francis A. Coffin is man of
wonderful intellect.
1T is a question for you to solve, not only
for the present, but for all time to come in
Indiana. whether or not violators OF law
can arrive at such an exalted station that
they can be free of the law of the land.
the courage TO lay, by their verdict, the
hands Of the law upon these violators,
whether they be Of high or Of low degree;
TO give men OF high station TO understand
that this is a land of equality; that the
highest is as answerable tosthe law and its
provisions as the yerlest beggar. When it Is
understood that no man can arrive at so
high station as not to be answerable
there will be fewer violations of the bank
ing law of the United States.
1.-THE history Of the indianapolis Cabinet
Company, as disclosed, has been a cOntinu-
Gus cheat, and snare, and delusion. Francis
A. Coffin put into that institution about
5000. 1t was bought for $35,OO0-$25,0O0 on
credit There was a ten-thousand-dollar
$4,000 borrowed from the Indiana National
Bank and $4,000 from the Indianapolis Ma
tional Bank. With that borrowed capital
thcy began business. The Indianapolis Ma
and from that time was made TO bear the
whole burden. Whose money? Their
money? Mr.. Winter talked about thirteen
years of unremitting toll on the part of
these men. Whose money paid the divl-
dends? Ii was money earned by mechanics
in the shop. by farmers, by merchants, by
the brains and energy of business men in
Indianapolis. 1t was money earned by hon
est men BY honest .0d toll oil that was taken AIKEN
dends Dividends portiOned out TO Frank
and Percy, to William. 10 this one and that
one.
They come before you having wrought
ruins of that bank; with the poverty and
distress caused by their criminal acts; hav-
ing behind them all this history. all this
story of wrong, and fraud. and crime
their lawyer comes before you-and COM
pares their sufferings here to the sufferings
of the Savior of mankind!
''You know they have violated the law.
They understood it. In effect they con-
TESS it. The only question is that of cour-
age on your part. gentlemen of the jury
Let your verdict be swift let it be uner~
ring; let the lesson go forth from this court
room that violators Of the law of the land
shall not escape whether they be of high
or low degree