The Montgomery advertiser., 1904-01-29
YOUNG CASE GOES OVER
CONTINUED BY JUDGE JONES
 UNTIL NEXT TERM.
Former Cashier of Defunct Eufaula Bank in Court and Listened to. Argument of Demurrers by
 Lawyers.

The case against E. B. Young, former cashier of the bankrupt Eufaula National Bank, was continued yesterday by Judge Thomas G. Jones, presiding over the Uni ted States Court for the Middle District of Alabama until next term of the Court
 Demurrers to the indictment against Young were argued by counsel and Judge Jones reserved his opinion.
 If will be remembered that the original indictment against the accused consisted of forty-six counts charging the making of false entries in the books Of the bank. embezzlement and failure to make com olete returns to the Comptroller of the Currency.
 One year ago when the case was first called. by order of the court all of the counts except twelve were stricken out. the ruling being that one particular charge should be chosen on which to try the case.
 District Attorney W. s. Reese elected to try the case on the charge of making worthless or fraudulent entries in the tellers cash book.
 The case was called yesterday morning at 10 o'clock. Young appeared in court surrounded by counsel. He was an in terested listener to all of the proceedings.
 The defence entered two demurrers to the indictment. The first demurrer was on the ground that the indictment does not deny that, although the entries may, have been worthless or fraudulent, it was a part of the business of the bank to record them. To illustrate their point the | lawyers advanced the proposition that al- | though check of an insolvent party or A forged check was in the possession of l the bank. the fact that the bank had these things in its possession should be record ed
 The second demurrer was on the ground that the indictment was improperly drawn in that the reasons why the entries were worthless or fraudulent was not set out t
 The demurrers were argued at leng h.
 At the conclusion of the argument Judge
 Jones stated that counsel might have a
 few days in which to file briefs He
 said in an important matter of this kind. he preferred to investigate all the author ittes cited and give a written opinion or
 the demurrers. which he would not have an opportunity to do in the next few
 days, owing to pressure of other business upon the court.
 With reference to the motion made by !, the District Attorney last week to have the case set down for trial at this term
 and the request of counsel for defend n
 to have a reasonable pos,ponement in or der to procure the attendance of Colone A. A. Wiley, Judge Jones said that tn
 case had Deen unaVoidaOly crowded ou , of it's place on the docket. by the tria of other cases which lapsed over and had been impossible to reach it until yes
 terday. He said the court could not SC the case down for trial now, because would practically prevent the hearing c the civil docket and the Judge had {
 he in Birmingham on the first Monday 1 March.
 While. the District Attorney had nc
 asked any consideration on that accoun the court. he said. knew that on accouI I of his physical condition he could n'
 now enter into a prolonged trial. IT
 court would dispose of the demurrcrs the next few days, and the case wou necessarily he continued until the ne,
 term of the court. when the District A g torney could set it down for an early ds
 fl the decision on the demurrers shoul
 not dispose of it.,