The Montgomery advertiser., 1902-07-09

payable to bearer. : Questioned concerning the disposition or the check which he had rendered as the representativeS of Josiah Morris & Co. and had received as the Deputy Treas urer, MT. Kohn said the check was de- posted in the banking house of Josiah Morris e Go. to the credit of J. J. Coch- ran. Treasurer. 1t was entered upon the Treasurer's cash book to the credit of the road fund. The witness did not enter 1t upon the books of the bank. He rarely made out q deposit slip and gave 1t to | the. teller of the bank. He endorsed the check v. J. Cochran. County Treasurer, | by John P. Kohn. Attorney in fact" As agent for MT. Cochran. he said: he had no pass book at the bank and Mir. Coch- ran did not have any. l Recurring to the conversation between Messrs. Allen and Kohn, MT. kohn said he was not sure whether he took the re- ceipt with him when he went after the bends or whether he went back to the bank and made out the receipt. shown l the receipt which was taken from the book of the County Treasurer, MT. Kohn said he believed he went back to the bank and got the receipt. as the Treas urer's receipt book was kept at the bank. He rendered the check for sill .l095s to MT. Alien who refused to accept it. MT. Allen. 'however. accepted a receipt for the check. the receipt being signed by the witness as Deputy Treasurer.
 "Now, Mr. Kohn! -"
 Now, MT. Kohn,' asked Mir. Stailings deliberately, was there sufficient money in the bank to pay that checkT
 There was not that amount of actual cash" the witness was replying when Judge Jones broke in: l Hold on, gentlemen" cried Judge | nal nFt v own notion"
 There were objections which were sus- tained and the lawyers for the county re- served exceptions. l Judge Jones ruled that the lawyers for the county could ask questions as a mat ter of record, 1t being understood that l objections to them were sustained and that the plaintiffs reserve exceptions.
 The examination of Mir. Kohn then pro- ceeded
 There was not that amount of actual cash in the bank" replied MT. Kohn.
 How much money was there in the bank in actual cashT'
 My recollection Is there was about $s5 600"
 ''what other available assets were there?"
 The lawyers for the defendants object CT again to this character of examination
 
 answer any questions until he secured permission.
 Mir Stallings took another tack and sailed out into the stream.
 How much exchange did you have on hs nd?' he asked.
 Objection sustained and exception re-
 sery ed. Question not answered.
 What did the available assets consist
 of?'
 Objection sustained and question not
 answered.
 Did you or not have at that time
 enough money available to meet this
 check?"
 Objection sustained and question not
 answered. "The bank was running and doing busi-
 ness and continusd to open it's doors and
 do business until January 25?" Yes"
 And you got back ss5.OOo for those
 bonds within two days?" Yes"
 Motion to Strike. Mir Cans at this juncture moved tc , strike this testimony and his motion was
 sustained. Mir. Stallings reserving an ex. ception.
 When did you receive credit for these l boi .ds in New YorkT pursued Mir. Stall. Il ingr>
 Objection sustained and question not
 answered.
 Didn't you get notice within two days , that the $e5.0c0 had been placed to the credit of Josiah Morris & Coz" Objection sustained. Question not an.
 swered.
 "Mr. Kohn," asked MT. Stallings in
 the most deferential manner as though
 he must get one answer or retire from the field. MT. Kohn who was your cor. respondent in New York?' We object. said a lawyer across the room.
 And the objection is sustained" echoed Judge Jones. quietly. was there any money to the credit of your bank in New York?" quizzed Mir stallings.
 The witness was silent and the perform. ance of objections and sustaining orders
 was repeated How much was there to the credit oi a your bank at any city in the United Statesr' Mir. Stallings interrokated fir apparent despair. | MT. StallIings got no answer from the , witness and the court sustained the ob
 jection of Mir. Watts. Then Mir. StallingsIleft the internal af
 fairs of Josiah Morris G Go. and pursued another line of questioning, in which h,
 was rewarded by securing an answer ol
 two.
 'Mr Kohn," he asked. ''how many war. , rants and amounts of each one of them , , did you pay out of the road fund from January 8, the date of the bond delivery to January 25, the date upon which tn, . bank failed. including both days?"
 Mir. Kohi referred to the Treasurer: cash book and replied that he paid war. rants on January 10. I2. l9 and q amount ing altogether to $5,76S Payment of Last Warrant. Was any of this money paid out oi } this fund on warrants after January 25?' 'The bank did not open it's doors or January 25." replied MT. Kohn. The last
 warrant was paid on January A' When did you cease to act as County Treasurer When the bank failed to open its doors"
 Mir. Cans for the defendants then took the witness. He did not elicit anything new except that the money drawn against the road fund from January 8 to January 25 was against the check for the bohds ] which had been deposited to the credit
 of that fund.
 On redirect examination by Mir. Stall
 ings, Mir Stallings drew from Mir. Kohn the statement that the check was made payable to J. J. Cochran. County Treas
 urer, and not to the Board of Revenue.
 Mir. Kohn," asked MT. Stallings, were
 you authorized to draw checks for Josiah
 Morris & Co? ?"
 "OnIy when I was told to do so."
 And you were told at this time to do
 so?"