The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-24
TILT WITH THE JUDGE
HEATED ARGUMENT DURING THE
TRIAL OF THE BANK CASE.


IN the trial OF Francis A. and Per-
cival B. Coffin. AT o'clock yesterday aft
ernoon the first witness was calle1 for the
defense. and before the adjournment con-
siderable evidence was taken as 20 the
probable value of the cabinet companys
plant. The defense expects TO get through
this week Yesterdays proceedings were
enlivened by sharp wordy conflict Re-
tween Judge Baker and attorney Ferd
Winter.
The first witness called by the prosecu-
ton was II. j. Smith, OF Seymour, who
testified that before its assignment the
cabinet company owed him $780, In 1898
he asked that the debt be secured, AMI the
company sent him the paper of the Amer
lean Desk and Seating Company. Of CHI
cago. with the notes of Charles Clara and
Thomas Pierce. the purchasers of the New
York and Boston branches. He aftery 1rd
sold the notes for - cents on the dollar
to Mrs. Lydia Coffin, of New York. The
government introduced a letter from the
cabinet company, addressed TO .he Wit
ness before the failure. in which tne cffi-
GERS asked permission to renew note for
500. The letter was read with a view TO
showing the uncertain financial standing
of the company
E. <. Rexford. cashier of the Ind.a,apo-
lis National Bank. testified shat Theodore
Haushey was kept constantly informed of
the condition of the .abihet company s
account. The witness always got MS liz
structions from Mr.. Haugaey before in
structing the clerks at the bank as 10 the
checks or drafts drawn by the cabinet
company. When the deposit OF forty-sour
thousand dollars worth of drafts was
made by the Collins a short time Lefore
the bank failed Mr. Hausaey told tae
witness TO put two of the items in the
remittance account They lid NOT belong
there, but the witness obeyed tho instruc-
uons or the bank president. A few; days
later the bank examiner arrived, ana Mr.
haugncy, IN order to preyeat the EXAM
iner from detecting this regularity, W.
structed the cashier to forward the arg sts
TO New York and Boston for COLLECTION.
Next day Albert 5. Reed called a. the
bank and Mr.. Haughey told him that me
had sent the drafts forward. Witness
heard Reed remark:
We'll, III telegraph them and have them
returned"
The government attempted TO put Arthur
Holiday, who took charge of the cabinet
companys books after 1t had gone into the
hands OF a receiver. on the stand. but the
objection of the defense was sustained
The prosecution desired TO sncw that the
Soffins asked him TO leave out certain
his list OF the coinpany's assets.
Charles t. Jameson, bank examiner for
Indiana at the time of the bank failure
testified that he visited the indianapolis
National Bank July IS, 1893 This was a
week before the bank closed its DOORS Wit
ness found a credit balance of S4.92. He
testified TO the deposits of paper made jan
%. 1888. and May 8, of the same year. Had
II not been for these deposits the overdraft
on June Is would have been $4,000. The
government at this point recalled l.. b.
fnu rc.11n 81 81
Attorney Burke-Did you hear any con-
versation between a. S. Reed and Mr..
Haughey prior to May 5, 1893, in reference
to these returned drafts that were accumu-
lating?
Witness-Yes, sir.
Attorney Winter-We object to this evil
that the statements made by Mr.. Reed do
not bind these defendants. The fact that
he was the secretary of the cabinet COM
pany and had charge OF making deposits in
these defendants by any statement he
made. and for the further reason that in
Reed has been declared not guilty of ali
these counts charging wilful misapplica-
ton.
The Court-That is not correct. Mr.. Reed
was found guilty. but allowed to go on sus-
pended sentence.
Attorney winter-If the court please. my
statement is exactly correct. Mr.. Reed
was not found guilty of each and every
count charging willful misapplication.
The Court-That is not my recollection.
Attorney Winter-very well. it is my
recollection. and / appeal to the records of
false statements of what
The Court-You may suspend such re-
marks as that, sir.
Attorney Winter-If the court please
am challenged by your Honor's remark as
making statement that is not true.
ment, and / said that 1 did not recollect it
that way. / have not accused you of faisi-
flying and you will not be permitted to at
tribute falsehood to the court
Attorney Winter-I have not
The Court-Sllence, sir: the court will
tolerate impertinence further.
Attorney Winter-I simply appeal to the
record of the court as to the truth of the
The objection of the defense was sus-
tanned. Judge Baker holding that the asser-
ants unless the government proved the
agency of Reed in the premises. The gov
eminent withdrew the witness temporarily
and Roland Evans, official stenographeI
for the federal court, was put on the stand
to testify from his notes concerning the
evidence given by f., A. Coffin at the
former trial. Mr.. Evans acted in the dual
capacity OF witness and reporter, promptly
replying to the interrogations of the attor-
neys, and at the same time making a
stenographic report of his own evidence
The witness said that Francis A Coffin, in
testifying as TO the position of A. S. Reed
used the following language.
Mr.. Reed was appointed treasurer of
the company simply as a matter of con-
venience. 1t gave him a position that
would enable him to control the people
under him, hut every act of his was done
under directions from me. | was the re-
spcnsible person in the Indianapolis Cab
met Company was the executive officer,
and everybody about there understood that
thoroughly and obeyed every direction
gave. L have no recollection of the heavy
deposit made May 9. except the instruc-
tons given Mr.. Reed to prepare the paper
on the different stores and send it down
to Mr.. Haughey as i had arranged for it,
L. j. Robinson again took the stand, but
the court excluded the conversation which
the witness asserted he had heard be-
tween Reed and Haughey, on the ground
that it was not concerning the $4,000 de-
posit made May 9, 1898. On cross-examin-
alton the witness testified that the books
of the cabinet company showed that the
aggregate amount of goods shipped to the
London branch from 1889 TO 1893 was s79,-
256 "a
The first witness to testify for the de-
Tense was Spencer G. Lloyd, of No. Z.
Talbot avenue The witness was en-
ployed by the indianapolis Cabinet Com
pany as yard foreman. He said that in
July, 1893, the company, in accordance with
its usual custom, took an inventory of the
logs and lumber in the yards. The logs
were in excellent condition, and there was
a large stock on hand. Witness identified
the figures made by himself in taking the
invoice. The figures were not. read. A. B
Willard. store keeper for the company
testified that the estimates of supplies
taken by him I'm July, 1893, were correct