The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-07-07
Bo0KKEEPER MORRIS WILL GO
TO CARRY GOVERNMENT CHECKS
To GREENE-GAYNOR HEARING.

chants Nat8Onal Bahk; the Nov
eminent Depository - MIR. Morris
Was Not Required to Bring the
Banks Personal LcdEers - other
Banks, Relieving They Cannot
Legally Be Compelled TO Send
Their Books, Hesitate TO Do SO.
Correspondence with District At
tOrney ns to transcripts.
The Merchants National Bank has de-
cided to permit its personal ledger book
keeper, Mr. John Morris. TO attend the
hearing before Commissioner Shields, up
on the application made by District AT
torney Erwin for the removal of Greene
and the Gaynors to Savannah.
While the other banks interested, the
Southern Bank and the Savannah Bank
and Trust Company have as yet reached
no determination in the matter. they are
of the opinion that they cannot be com
PEELED to send their bookkeepers and books
to New York and, for reasons of business
conveniences, they are exceedingly averse
10 permitting Messrs. Catherwood and
O'Gorman to go and take the personal
ledgers with them. Telegraphic negotia-
tons between the banks and District At
torney Erwin were in progress yesterday
and 1t may be that some agreement will
be reached that viii permit the attend
ance of the bookkeepers without their
books. Transcripts of the particular entries
the district attorney desires to use be-
ing carried instead.
Mr.. George A Mercer, Jr., OF counsel
for the Southern Bank. stated to a Morn
ing News reporter, that he had made
an investigation of the law governing
the subject. and that he had been unable
to find authority in the Revised Statutes
for compelling the attendance of wit
ness with books or documents. By means
OF a subpoena duces tecum, at point
more than 100 miles distant from his place
of residence He did not believe that the
attendance of Mr. Catherwood, with the
personal ledgers of the banks could be
compelled legally, and there are many
reasons why the bank should and does
object to its books being carried beyond
its control, and kept for an indefinite
period.
Mr.. Horace A Crane. vice president of
the Southern Bank, stated that no CON
clusion had been reached. Mr.. Crane said
further that he had been in correspondence
by wire with Mr.. Erwin, seeking to ar
range the matter so THAI a transcript Of
the records of accounts would be made
to serve in lieu of the books themselves
Mr.. Crane expected to hear from Mr..
Erwin during the day. 1t is probable that
the Southern Bank and the Savannah
Bank and Trust Company will act 20
gether in the matter, and that the tele-
sram from Mr.. Erwin will conclude their
determination
Mr. Morris will leave on the Kansas
City for New York at / o'clock to-mor-
row morning. He has not been required
10 bring with him the personal ledgers
of the bank, but only the checks signed
by Capt. Garter as discussing officer for
this district The Merchants National
Bank is the United States depository in
this city. and the official account upon
which Capt.. Carter drew was there kept
Checks of this character are not returned
to the drawer, but are retained by the
bank, so that all of Capt Carers dis
buTsements during the time he was in
charge here can be readily shown by an
inspection of the checks he drew.
For the reason that it was not required
to send its books, the Merchants National
is in position considerably more com
Portable than that of the two other
banks. Then, too, it is the government
depository and presumably not unduly
anxious to offend the powers that be. II
is probable that these two reasons united
to make possible the attendance of Mr..
Morris at the hearing Neither the At
iantic Contracting Company. nor any of
the defendants in the conspiracy case,
other than Carter, had accounts at the
bshk, and that Capt. Carter carried there
was that of the government. As govern
ment checks are not returned, but retain
ed they afford in themselves all the evil
derce the district attorney is likely to
need and reference to the personal ledg-
ers is not neCe ssary.
1t was in the two other banks that the
accounts of the alleged conspra tors and
of the Atlantic Contracting Company
were kept. The purpose Is to show what
became of the money drawn from the
Merchants National Bank by government
checks. 1t is understood that the personal
ledger accounts of the alleged conspira-
tors will demonstrate the fact that inn
mediate and amicable division was always
made. Messrs. Johnson and MoXey are
quoted as saying that the evidence ac-
cumulated by them in their inspection of
the books of the Savannah banks is suf
hcient to tear away the last rag Of
faith that anyone may have retained in
the innocence of the defendants.
There is a current belief that District
Attorney Erwin doesn't greatly care
whether the witnesses he has summoned
apps ar at the hearing or not 1t is thought
that he has sufficient evidence of the
same character collected from the New
York banks and sub-treasury to make
cut a prima facie case, at least agains-
the defendants, and that the evidence Of
Messrs Morris Catherwood and O'Gor-
man is not really essential.
Those who hold 10 this belief think that
the district attorney merely wanted TO
demonstrate that he had used all proper
means in his power TO secure the attend
ance of witnesses and thus be in a posi-
ton to introduce secondary evidence OF
the facts he desires TO prove.
If the understanding between Mr. En-
win and the bank officials here is reached,
permitting the attendance of the personal
ledger bookkeepers of the banks without
their books, but with Transcripts of the
particular entries desired, it will end all
disagreement and permit the banks to
comply with the government subpoenas,
without injury or inconvenience to their
business interests.
MORE BY WORDS THAN DEEDS.