The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1894-03-06
THE TESTIMONY
IN THE R. A. MITCHELL CASE
THE EVIDENCE UPON WHICH HE
WAS CONVICTED.

full as reported in the Clinton
Democrat:
Evidence produced in Hickman cir
cult court, in case of commonwealth
of Kentucky VS.. r. A. Mitchell charg-
ed with knowingly, willfully and cor
ruptly swearing that a $4,000 note,
drawn by G. T. Bowers and Endorsed
by Bowers & Carter, had, in April,
1890, been sold and delivered by the
Fulton Bank to the New Farmers
Bank.
EVIDENCE OF COMMONWEALTH.
M. L. Morris-I was clerk of COM
mon pleas court and swore Mr.. Mitch
ell to the affidavit.
| Z. o. Reid--About July /, 1890, A,
T. Mitchell, cashier, of the Fulton
Bank, sent me what is purported to be
a copy OF $1,000 Bowers & Carter note
1 gave the copy to Geo. Griffey.
Jno. w. Carter-I got notice between
the 1st and 18th of August, 1890, from
A. T. Mitchell, cashier, that Bowers &
Carter note of $4,000 must be paid
wien due, AID on Oct. l, 1890, myself
and attorney went to Fulton Bank,
and saw note, and / made an exact
copy of same, and file said copy. r..
A. Mitchell, assignee, sued on the
$4,000 note and got judgment against
me, and feel very uukindly towards
him on account of it.
j. w. Boyd was one of The commit
tee, from directory of Fulton Bank, to
examine its paper, and saw Bowers &
Carriers $4,000 note between the LIST
and 20tL of September, 1890.
G.. G. Wade was one of Committee
of Fulton Bank to examine its paper,
and was engaged off and on from LIST
to Goth of Sept, 1890, and saw the
$4,000 note of Bowers & Garter, and
listed it as the property of Fulton
Bank, and / have no kind feelings for
defendant.
Geo. Griffey was attorney for Bow
ers 81 Carter, in case of r. A. Mitchell,
assignee, in trust for the Fulton Bank,
against John Carter, and got the copy
of the note of Bowers & Carter for
$1,000 and letter from e. o. Reid
and gave them to John Carter.
Flied affidavit of II. A. Mitchell, as
signee for the Fulton Bank, stating
that the Bowers & Carter note for
$4,000 had been sold and delivered by
the Fulton Bank to the New Farmers
Bank in April, 1890.
Filed amended petition of r. A.
Mitchell, assignee of the Fulton Bank,
stating substantially the same thing.
The Commonwealth closed and de-
fendant asked the court to give to the
jury peremptory instruction to find
for the defendant, which the court de-
clined and refused to do.
NoTE-We fail to see from evidence
given by the six witnesses that r. A.
Mitchell was present, or even knew of
any of the transactions named by
them.
DEFENSE.
r.. A. MITCHELL was present in
Clinton in Feb'y, 1891, and swore to
the statements contained in the affida-
Wit. i had been president of the New
Farmers Bank till July /, 1890, and
knew that the New Farmers Bank add
vanced or loaned to the Fulton Bank
large amounts, probably $4,000, and
that the Fulton Bank had sent to
New Farmers Bank notes on various
persons, exceeding in amount SAC, 900,
but as to whom the notes were on, or
the drawers of each note, he did not
know, nor did he have any personal
knowledge as to whether the New
Farmers Bank discounted or held said
note as collateral, His entire infor-
nation as to statements in the affida-
Wit was given by A. T. Mitchell to
him. Said A. L. Mitchell stated he, as
cashier, of Fulton Bank, had, in April.
1890, sold and delivered the Bowers 81
Carter note for $1,000 to the New
Farmers Bank, and assured me posi-
lively he remembered the transaction,
and as further and convincing proof,
went into the court room, got the Bow
err & Carter note for $4,000 and show
ed me his Endorsement as cashier, on
the back of said note. Thus assured
and convinced 1 made oath to the
affidavit. became assignee of the
Fulton Bank on the 10th day of No
vember, 1890, and / knew but little
or nothing of the affairs of the Fulton
Bank before its assignment, Sept. n,
1890.
A. L. MITCHELL was cashier OF the