The Montgomery advertiser., 1902-11-27
TESTIMONY
IN KOHN CASE
Three Witnesses tXamin-
ed in City Court.
MATTER STILL ON TRIAL
Judge Thomas Overruled De-
murrerS as to Indictment.
Clerk Allen Of Board Of Revenue
Goes Over Details Of Sale Of
County Bonds-Ths

Demurrers to the indictment were over
ruled by Judge William H. Thomas. and
| three States witnesses were examined
yesterday in the City Court of Mont
gomerysin the case of John P. Kohn.
charged with false pretenses The case
was not concluded when the court ad-
journed for the day.
Great difficulty was experienced in the
hearing of testimony on account of the
frequent objections by counsel on both
sides. Frequently the jury retired while
court and counsel considered technicali-
ties.
Notwithstanding today being Thanks
giving, the court viii continue with the
case and by tonight 1t is believed that
all the testimony will, be in.
Court opened at $3.50 o clock and at once
took up the demurrer to the indictment
on the proposition that the indictment
did not connecta the alleged false pre-
tense on the part OF the defendant with
the subject matter. After very lengthy
discussions, Judge Thomas overruled the
cemurrers and the merits in the case
were entered.
The Jury Is composed of ]. E. Wors-
wick G. Fl. Nettles, G. l.. Taylor, Will
liam Opp, Dallas M. Hurley, E. M. Trim
BILE, r. D. Moore, E. M. Bodenheimer,
John Catalan, J. D. Wilson, Jett Thomas.
C. A. Allen. Clerk of the Board of Rev.
enue of Montgomery County. was the
first witness called.
Mr.. Allen testified that he was the clerk
CT the Board of Revenue at the time of
the bond sale. He had known the defend
ant about ten years and knew that he
was connected as an employee with Josiah
Morris q Co. The county bonds were
sold to Josiah Morris & Co. The witness
stated that when the bids came In for the
bonds, many of them had strings tied
to Them He explained the figure to
mean that the bidders wanted their at
torneys to examine the bonds ETC., before
| buying.
The Morris bid, Mr.. Allen said. was
not the largest Most of the bids were
rejected and the Board allowed Josiah
Morris & Co. to put in a higher bid.
Their final bid was Sill, 109 SO, with ac-
crued interest The defendant rendered
| the witness a check for the amount. Wit
| ness told the defendant. 81 don't need the
chec'S In my business" and told him to
get a receipt for the money from John
J. Cochran, then and row Treasurer OF
l MONTGOMERY
brought back the receipt and was given
the bonds by the witness.
On cross examination. Mr. Allen testi-
fed that prior to that sale of bonds and
since the sale, checks had been given In
| as money for bonds.
John ]. Cochran, County Treasurer,
then took the stand. He testified that
John p. Kohn was at the time of the bond
sale his authorized agent and attorney.
| Witness had never himself handled mon
ey In the Treasures Office. except a
| certified check handed him for the bal
ance in the treasury by Amos Jones, the
| outgoing Treasurer, when witness took
| charge of the Office. The defendant had
| attended to all the financial transactions.
Witness was not in Montgomery on the
/ day when the check for the bonds was
given, but defendant himseif as his at
torney transacted the business. Defend
ant was no longer his agent and attor-
| ney.
| the United States District Court during
the trial of the case Of the County Of
Montgomery VS.. The Fidelity and Deposit
COMPANY of Maryland, took the stand
An effort was made by the State to
prove by Mr.. McGauley that Mr.. kohn
| had testified in that case that there was
not enough cash in the bank on the day
of the presentation of the check to meet
| the payment.
Objection was made by the defense on
the ground that Mr.. Kohn, as a witness
in the United States court, made an effort
| to testify as to other funds in the bank
| but that the testimony was not allowed
| by the Judge presiding.
The discussion on this point was
lengthy. Judge Thomas finally sustain
ed the objection and adjourned court I'M
til $50 O'Clock this morning, when the
"a sa will be resumed.