The San Francisco call., 1897-06-18
The Witness in the Davis WI
Case Divulged Secrets of
the Institution.
HANDWRITING OF BOYD WAS
STUDIED.
Directors Deemed That the Teller Wa!
Too Swift in His Testimony
in the Case.

George Maxwell, the paying teller OF
the First National Bank, was yesterday
dismissed from the service of that insti-
tuition.
The cause assigned for his dismissal
was the betrayal of the banks confidence
in the testimony which he gave as wit
ness in the Davis will case. He testified
on the witness-stand that he believed
Alexander Boyd wrote the Davis will.
Samuel G. Murphy, president OF the
First National Bank, was seen at the Pa
cifc-Union Club last evening and frankly
said that the report that Maxwell had
been discharged was true.
When asked if the board of directors of
the bank had advised the dismissal, Mr.
Murphy replied that a meeting of the
board was called and the directors fully
approved that course.
When asked further if the dismissal was
hasty or impulsive, Mr.. Murphy replied
that the action was deliberate. We pro-
cured, said he, IAN abstract of the testi-
mony and carefully read what Mr.. Max
well said. He seemed to constitute him
self counsel as well as witness in the case.
1t was disclosed in his testimony that he
had studied the signature for two weeks
prior to his cali as a witness. Yes, l was
spoken to about mis- being a witness and
simply replied that he would doubt
less obey the subpoena of the court. The
witness was not bound to answer the lead
ing questions propounded 10 him. The
law protects an empIoye of q bank in de-
Clinlng to divulge the secrets of ones &C
count or ones transactions with bank
Mr.. Maxwell should have stopped when
he testified that he believed the will to
-. /,
Davis. Mr.. Maxwell had no knowledge
that Boyd wrote the will. It was only his
belief. The court may send for documents
and checks 10 prove mans handwriting,
and these exhibits may be placed before
a jury. Experts may be called to prove
hand writing.
"We make it an infallible rule at the
First National" continued Mr.. Murphy,
that the transactions OF the bank must
be kept secret. Every clerk or empIoye
when engaged Is fully advised regarding
this rule, and is informed that any infraC-
ton of the regulation will be followed by
dismissal from the service of the bank. If
the president should disobey the rule he
would be let out. In this case Mr.. Max
well examined signatures and papers in
the custody of the bank. The informa-
ton which he acquired belonged to the
bank and should not have been divulged."
Should he have taken the chances of
commitment for contempt"
''He should have declined to answer the
question Who do you think wrote that
willP l have been frequently called as
witness and have declined to testify re-
garding the secrets of the bank"
After the meeting o. the directors yes
terday President Murphy directed the
paying teller, Mr.. Maxwell, 10 turn over
the cash to his assistant. Mr.. Maxwell
was told 20 draw his salary to July l. He
was also informed that his place was
vacant, The only explanation the having
teller gave was IL the words, ''They made
me testify"
Mr.. Maxwell was employed in the First
National Bank for many years. He was
there when Mr.. Murphy was called from
the Pacific Bank to I'LL the position he
now holds.
The dismissed paying teller declines to
make statement for publication at the
present time. When seen las evening he
said that be bad nothing whatever to say