New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-05

imoroper TO reveal the accounts Of the clients OF
the company without their permission Apphca-
ton had been made 10 ompya the request had
not reached him. The matter had peen ,eve' hut
10 W sne ski UNDER disemsson The witness said
that final answer G4u,d NO, n no personal un-
Willingness on his part, but question OF d iba, II
ce he ThS sSc9un' Sl no ScN shape
next Of sa Hs the On
which it is asserted the Endorsement Of A. M N;
Bangs was written by Captain Green re sndu ~ bv
the correctness OF the signature was ccrliheu W ~
the bank The cashier knew OF the matter
MI Blair asked the witness u his bank would rS Se
had been improperly, paid and Mr. Clark replica
Your bank is good for $1,000 not forgetting the
odd cents" said Mr.. Blair. Ia.
at is supposed TO be-. replied MI CiarK' WIN
smile. p -,
Brooklyn. cashier OF the American Exchange Ma
tional Bank. He said the check in question was
Ha nsfead nd Of M and he Certified
the genuineness OF the signature ,,,. vr.
II do do not not" said Mr. BURNS
the signature Of Mr. Bangs The check was nc, not
returned He did not remember speaking TO Mr.
Green about tn" h ThG usrai ,b sa cer
Sas 1Sd 0s smT S9 S' be s"eSs out ne "
but the signature is not exact" was suggested
Burns. 81 have no knowledge that IL is not genu-
hut hut nay nSy in the om
assurance or statement by some ono in Interest.
whether he considered II good banking to fall 10
inform the indorser Of q check Of an error In the
IN M s and ana sad o was not not n so
and he did not regard IT az negligence.
ADJUDGED IN CONTEMPT.
In regard to the word cash" upon the back OF
a check Endorsed by a. NJ. Bangs and ]. F. Gay
nor the witness said 1t meant that the money
pot6 he Mr. aid thet ha
had not complied with the subpoena to produce
the accounts OF b. d. Green, II was the ira
dltional policy of the bank not to give any testi
mony in regard to the accounts OF customers.
Counsel had advised that in this instance 1t would
be voluntary testimony. as 1t could not be COM
PEELED and SO he declined 10 give any.
Have YOU made every sffoTt to obey tho sub
NO have not made an, " said the witness.
do YOU want any further time,
81 decline to answer" said Mr. Flagg
Upon the suggestion OF ne Judge Advocate. the
Mr. BAR then MI aSs IN order to
bring ont some OF the facts more clearly The wit
for him by Captain Carter. He did not know, the
Gaynors, Bangs or Green and ne r had any deal
OF Captain Carter It was not unusual for people TO
wner M Wscof was Wealthy tho wness
replied: He is so supposed
out that Captain Carter purchased Investment
bonds for Mr.. Westcott and paid for them partly
the person holding them could collect the interest
PROTEST FROM THE JUDGE-ADvOCATE
When he had finished his questions Judge-Advo-
cate Barr rose and. with show OF considerable
feeling said: Il do not know that need to give
further Illustration of our impotency. This court.
appointed by the President and empowered to ad-
Judge the death penalty or TO send to the peniten-
tiary for a term of years any found guilty. is
pOwerless to punish a contumacious witness. under
decision Of an Attorney General. approved by the
Secretary OF War. But this opinion is not held by
the best juriss. Greenleaf holds that 1t is inherent
In a court martial to punish those who refuse TO
testify before II. Men OF high position
before this court and decline TO give testimony.
mandates Of the court.
"Courts-martial could not call civilian witnesses
until a remedy sought by securing an act OF
them TO appear but Attorney General Garland
holds that they could not be made to testify as
there penalty, although Greenleaf holds
that II is within the power of the Court to fix the
penalty
Mr.. Blair with much warmth Mr.. Barr
ceased. and said: Il have no concern whether the
witnesses testify or rot in this matter. which !
thought was settled at Savannah, but are all
the accused TO the penitentiary-now twice repeat
ed. The mantle of protection is around every
until his trial Is concluded. | have never before
heard a prosecuting attorney refer 10 the doors Of
the penitentiary In the trial Of We have
been patient in the trial Of This case. but submit
that 1t is unbecoming for the Judge Advocate to
refer TO the penitentiary until the evidence Is
all in"
Judge-Advocate Barr replied that he simply re-
ferred TO the powers Of IN" court. and his words
had been misa ppl.ed He had previously said that
he proposed follow the path of the co-conspira-
tors II 1t led TO the doors OF the penitentiary.
The hearing adjourned until Monday morn