The Montgomery advertiser., 1902-07-09
Judge Jones to Instruct Jury
 Today as to Verdict.
Hearing Yesterday Marked by Tn teresting Testimony Touching Failure of Morris Bank, and Dual Capacity of Jno.
 P. Kohns

All moneys belonging to the general fund of the County of Montgomery In the banking house of Josiah Morris & O.. at the time of its failure. must be made good by the surety of J. J. Cochran, County Treasurer, but the proceeds of the s1O0.0O0 bond issue for road purposes will be lost to the county, unless the Cir cult Court of Appeals reverses the oPin- ion of Judge Thomas G. Jones of the United States Circuit Court.
 The suit of the county against the Treas urer and his surety, the Fidelity and De- posit Company of Maryland, practically came to an end at g o'clock last night, when Judge Thomas c. Jones announced that he would this morning charge the jury to bring in a verdict for the county for the money in the general fund at the time of the bank failure. This money amounted to $S2 321.SO. The county claims A64S.12 interest, and the question Of in- terest will be argued this morning be- fore the charge of Judge Jones is given to the jury.
 The declaration by Judge Jones that he would charge the jury to return a verdict for the county for the money in the gen. eral fund was in accordance with his opinion overruling the demurrers of the county. This opinion was in effect that the proceeds of the bond sale was to be excluded from the action; that Treasurer Cochran did not receive any money for the bonds as provided by the statute ati- thorizing their issuance and consequently neither he nor his surety could be made defendants to a suit for recovery of the proceeds.
 After seven days of legal preliminaries and sparring between the seven lawyers interested in the case the culmi- mating point came yesterday after noon at o'clock when the talk ing of testimony begun. It was expected that more than a score of witnesses would be examined, that the cause of the failure of Josiah Morris & Co. would be rehashed and that sensa- tional testimony would be adduced. A large audience consisting of county off, cials bankers and farmers had gathered in the court room.
 -N Audience Disappointed.
 The audience was disappointed. True a large array of witnesses were present in the court room but only three of them were examined These were John r. Kohn who acted in the dual capacity of cieri for Johiah Morris & Go. and deputy clerk for the Treasurer; J. J. Cochran, County Treasurer and Charles A. Allen, cleri of the Board of Revenue.
 
 admission of testimefiy concerning th' bond issue and the failure of the banl placed such restrictions on the lawyers that they were not able to bring ou many facts of popular interest. s
 After the examination of these thre' witnesses, the lawyers for the count! rested then case.
 To the surprise of the audience the de fendant's lawyers announced that the! S.Ak swzNS ft,naN rWa. Judge Jones then said he would direc the jury to bring in a verdict for thu county for the money in the general fund There is practically no controversy be tween the bond company and the county upon the settlement of the claim for tn, money in the general fund. The bont company merely demurs to the paymen of the interest.
 The only testimony adduced by thu county from MT. Kohn that caused a rip ple in the court room was his statemen that when he drew the check of Josial Morris & Go. for $111, 5S in payment fo the bonds. there was but about $35,000 il the bank. He testified further that i'm mediateiy upon the delivery of the bond to the bank they were shipped to Nev York and Josiah Morris & Go. was givel credit for $95.0OO on account of the bonds MT. Kohn said he knew the condition O the bank, but ne was directed to drav the check against the band by F. M. Bill ling, who owned the bank and by whom he was employed.
 Morning Session.
 The morning session of the court wa given over to argument on pleas and de murrers The court convened for th afternoon session at 3 o'clock.
 Soon after the court reconvened Hon Jesse F. Stallings. representing the coun ty, stated the counts in the complaint t the jury. Seated with him about a tabl were Captain J. G. Finley. County Attor ney, and Col w. l.. Martin. his associat counsel Across the court room and al rectly in front of the Judges bench tn lawyers for the bond company had seats They are Hon. Thomas H. Watts O Montgomery, and Messrs. Cans and Whe Ian of Baltimore. Mir. Wheelan is vice