The Montgomery advertiser., 1902-07-09
COUNTY WILL FAIL TO RECOVER
 THE AMOUNT OF THE BOND ISSUE
president of the Fidelity and Deposit

Company.
 | In outlining the complaint of the coun- ty to the jury. Mir. Stallings said there were five counts in the complaints. The first. second and third counts. he said. | charged that J. J. Cochran as County Treasurer had collected about $1So.0o0 of money for the county. and had deposited | it in the banking house of Josiah Morris | and Company, thereby causing loss to | the county. The fourth count he said. | sets out that various amounts of money | were deposited by the County Treasurer in the banking house of Josiah Morris and Company, causing the county to suf- fer its loss The fifth count, he said. claimed that MT. Cochran had made bond with the Fidelity and Deposit Con- pany of Maryland; that $100,O00 of county road bonds were sold and that J. F. Kohn had rendered a check to c. A. Allen, Clerk of the Board of Revenue, in pay ment for the bonds; that Mir. Allen had | refused to accept the check and that Mir. Kohn, acting as Deputy Treasurer. had rendered receipt to Mir. Allen for the check and that the money derived from the sale of the bonds had been nisap- propriated
 MT. watts's Statement.
 In stating the case of the bond com pany Mir Watts told the jury that the ! company merely replied that Treasurer Cochran did not get any money from the | sale of the bonds and not having re- ceived the money, his surety was not liable.
 The Marshall then called the names of the witnesses for the plaintiff as follows: J. B. Gaston. George W. Halls. W. R. Waller, H. H. Matthews, David John son, c. B. Teasley, J. c. Cowan, F. M. Billing, John P Kohn. A. M. Baldwin, James H. Hardaway, D. Fleming and L. A. Black.
 Some delay was caused by the failure of Mir Kohn to answer to his name The lawyers for the county said ne was the first witness to be examined and Judge Jones had issued an order for an attach
 ment for him when the lawyers an- nounced that they would first examine County Treasurer Cochran.
 Before Mir. Cochran went on the wit
 ness stand, Mir Stallings introduced in
 evidence a copy of the bond made to
 the county by the Fidelity and Deposit
 Company for Mir Cochran.
 MT, Cochran was then called and sworn.
 He was shown big book which he idel- ] tified as the cash book of the County ! Treasurer He swore he was elected treasurer on August 6, 1900. and quaiiiied
 by making bond on September !. wy.
 He appointed John P. Kohn as Deputy Treasurer and gave him his power of
 attorney.
 A question touching the power of at- tornev given Mir. Kohn by MT. Cochran
 brought out an objection from MT. Watts : and Mir. Stallings read the power of at torney which he asked to go into the record. The power of attorney was Wit
 ressed by E. P. Morrisette and Blob
 Graves.
 Ar GnrhFa n said as Treasurer he did not have an office. He kept the funds of the county ! at the banking house of Josiah Morris & [ Co. He began an account with this bank on Sept. 1, 1900, and continued to keep the funds there until in January
 1901, when the bank failed. He said he never did keep the books of the Treas 3 urer's office. MT. Kohn kept the books \ When his predecessor, Mr. Jones. went 3 out of office, Mir. Cochran said, he turned t CT to him, Cochran, as his successor
 a certified check on the First National 8 Bank for the money in the treasury 7 This check, Mir. Cochran said, he trans ferred to the banking house of Josiaf = Morris & Co., With this one exception y Mir. Cochran said, he did not handle any l of the funds of the county until after t the failure of Josiah Morris & Go. Int Q check on the First National Bank and . transferred to Josiah Morris & Co.,, MT = Cochran said he thought was approxi. 7 mately $34000. He was not sure. g He was asked to look through the l Treasurer's cash book and see If he could t find the item. He scanned the pages oi
 the book and said he found that on Sep e tensber f. the day on which he went into = office, he was credited with 1.344 by MT t Kohn as Deputy Treasurer. He insisted n however, that his recollection was that r MT. Jones had given him certified check T for approximately $34000. Ha said he . had taken a receipt for the check, but s did not have tlfe receipt with him. H' V had never seen this entry on the cast n book before His agreement with Josiah . Morris & Co.,, was that the banking f house was to Conduct the office as 1t had V been conducted before his administration . and that the bank was to keep the books n for him.
 The question was here raised as to the l actual amount of money involved in thu g suit. Judge Jones said the lawyers ought - l to agree upon the amount in the genera q fund of the county at the time of tn,
 failure of the bank and make this amount
 the basis of their controversy.
 The lawyers replied that they could o reach an agreement on the amount in. . volved in the controversy if the court
 would take a recess.
 @ Court Takes Recess. - In accordance with this announcement e the court, at APO o'clock, recessed unti l. 5 o'clock. At, this time it was announced f that the lawyers had agreed that tht . amount in the general fund was S32, 221. 30 . The interest, MT. Stallings said, oalcu. . lated under the Alabama statutes, wal
 $4.64s.12, making total of $36,S6s-s2 Mir
 Watts said the defendants did not agree
 to the interest.
 John P. Kohn. who had arrived in the
 court room, was then called as a wit.
 ness and swofn. His examination for the
 county was conducted by Mir. Stallings
 MT. Cans conducted the cross-exa nina.
 tion
 Mir Kohn, who appeared to be perfect
 ly composed. said he was the Kohn men.
 tioned in the power of attorney given by
 Mir Cochran, which was in effect from
 Sept. l. 19O0 to Jan. 25, 1901, the date
 upon which the banking house of Josiah
 Morris & Go. closed it's doors. He was
 employed by the banking house which
 was conducted by F. M Billing.
 The witness then related the incident
 of the purchase of the $1O0,0O0 of Mont
 gomery County road bonds by Josiah
 Morris & Co.,, and their delivery to him
 as agent for the bank, for which he gave
 the banks check for S111 1,1O05s, at the
 same time giving a receipt for the check
 in the name of the County Treasurer.
 This took place on January 8. The bank
 failed onlJanuary 25.
 Mir. Kohn said he went to the office of
 the Board of Revenue, taking with him
 the check of Josiah Morris & Co for $111,-