The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-06-25

member of the firm of Goodyear & KAY,
who represented the directors and many
of the stockholders of the Merchants and
Traders Bank. at he time an investiga-
ton was had, item by item, into the af-
fairs of the bank, and al that time a
most careful and diligent search was
made to find any evidence of irregularity
that might exist in the affairs of the
bank. This investigation was finally COM
pleted, and in that examination and in
vestigation we had the fullest benefit of
the most thorough co-opera ton of the re-
ceiver, and the benefit of all the infor-
nation that the records of the bank could
give, and we found likewise on every oc-
casion wnen information was wanted from
either Mr. Lane or DR.. Madden, that in.
formation was promptly and cheerfuliy
furnished. In this investigation the attor-
neys representing Mr.. Lane and his IA
ther, Mr.. r. Y Lane, participated Mr..
II. Y. Lane then stated that he did not
propose to stand upon any technical or
legal responsibility. but that he wanted
to see wherever a wrong had been done
anyone through trusting to the business
management of his son it was promptly
righted and in determining what liabili-
ties of the bank he would pay, / want
to say that In every lnstar~a he
fuify lived up TO this statement e1 sssr.iI
by him. and | want to say here and now
that he and Mr.. Lane and their counsel
upon every occasion insisted that there
had been no criminal act upon the part
OF Mr.. Lane in connection with the af-
fairs of this bank, and when this agree
ment was finally reached. il was under
stood between all parties that IL was to
be a final and full discharge of Mr.. Lane
from all liabilities on account of his con-
nection With the affairs of the bank l
know that the judge of the court so under
stood 1t, and l know that the Solicitor
General so understood 1t, DR. Madden so
understood 1t. the receiver so understood
1t. and all the grand jurymen who dis
cussed the matter, and before whom l.
at their request, discussed H. so under
stood, and 1t strikes me that If II is the
public morals that ii is sought to vindi-
cate this indictment comes at a rather
late day, after this money had been dis
bursed and the creditors OF the bank
nave accepted their dividends from 1t,
and the doctrine that there should be a
restitution before absolution should GER
tainly apply l unhesitatingly say that
the motion Of the Solicitor General madS
by him after an investigation into this
matter should certainly be granted"
Solicitor General Bennett again took The
floor and said: after the statement OF
these gentlemen desire to make this
further statement. At the time this in
vesugation was made into the bank af-
fairs ] want to say that II is true as
stated by Mr.. Brantley. that the Judge OF
the Superior Court Judge Sweat APP
proved the statement and this was
done after full Investigation made by
both he and myself into the case, and
after ne had reached the conclusion that
there was a grave doubt as to whether
there had baan n violation of
criminal laws, and with that doubt ex-
listing in our minds, we thought that II
would be Infinitely better for the stock
holdrs and creditors OF the bank to get
the benefit OF this money. which amount
ed TO some $1,000, than for a criminal
prosecution to be had that we, neither
of us. thought could be successfully
maintained. | want to say further, that
advised the grand jury at the time
they found this present bill that there
was grave and serious doubt as to wheth-
or there was any violation OF the law
and so advised the grand jury at the
time the decree was signed by the court
but the grand jury. finding this bill Of
Indictment, insisted upon the return OF
the indictment. and l thereupon prepared
IT, ] investigated the question first upon
the line as TO whether the defendant was
guilty OF embezzlement. but was practi-
was not. / then prepared this bill nm
der this statute after finding a Supreme
Court decision that said that moneys
were effects Of bank. Feeling az /
do ana entertaining this opinion, / do
not feel that I should prosecute this case
further, and / consider II one In which
the court should grant a mol prosequi."
Al the conclusion OF Solicitor Benefits
speech. Judge Seabrook feelingly said: ~
am glad that have had the benefit OF
the full and free discussion that coun-
sci have given this case.
think II one that should be
mol pressed. or course. I'm passing
an order / mean no reflection upon the
grand jury which found this bill. Grand
Jurors ordinarily In passing upon the
question as to whether or not an indict-
ment should be found. pass upon only
one side OF the case. and whatever Ia
their good judgment they did, 1 am quite
sure they had IA view a due regard FOR
their duty. but from The statements
mode. ! am confident that the order ask
ga lor by the solicitor general should be
granted desire further 10 state that IN
al my experience such a striking ex.
ample o. Maternal love a. has been ex-