The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-22


Discount Register No. -
IMP, s' Nahu"ia'ihs -
IT. J. cornwer. except in May and
June. 1901
Did you have access to the book while
you was the cashier Of the bank?
THE book was there and I could have
referred to it any time I desired to do
So"
Il will ask you to refer to the book
and see If loans made on Maren 70 lsO2
for sl5o0, $4,000 and $500 are entered; and
II so, by whom2"
Captain White: I'VE object.
,over-ruled," said the court.
Il notice an entry of 5000 on October l,
1901, IN whose handwriting Is thatE ask
ed Attorney Scott.
The entry was made by me partly"
What about the entry for July 80. 1902,
for s25, 00O?"
That is in T. ]. cornwels hand
writing"
Entry of June IS. 1902"
BY cornwell, except the exchange and
total"
''of March sO1903?"
by Mr.. CornWeH and myself.
OF January 5, 1902
Both of us"
Other Entries.
The witness identified the handwriting
of a number of other entries In the
books.
Did you have charge of the notes?'
Not until they became due"
Where were they before them?
In the vault"
Who had custody of the notes?"
Mr.. Cornwell and myself
did you have any knowledge of a
note for $4,000 coming into the bank on
July 30, 1922"
mo, SIR"
Was there any such note?"
I'VE object" said Captain White.
"Overruled, said Judge Jackson.
Il did not know anything about such
a note,' said Witness Cockrell.
Here are two deposit slips; one for
| $4,000 and the other for $25,O00," said At
| torney Scott. who made them out?"
"Cornwell."
I'm whose handwriting is the exchange
entry No. 81 /"
Mr.. cornwell, Mr.. Winters, Mr.. Guth-
| RE and my own"
What about general cash book No. 80"
"CornWell Winters and Coekrell .
Where did you get the entries there
on?"
Il got them from letters from the
| First National bank, Birmingham. The
entries are totals from various depart
ments of the bank. They come from
other books.
(Witness shown New York exchange
register)
Whose handwriting is that book IMP
MY own and Guthries."
What book. If any, are items on loan
and discount register carried top
None"
Who kept the reglster?"
"Cornwell"
who assisted?"
Winters"
The state at the junction of the pro-
ceedings offered in evidence the loan and
discount register that various accounts
on various dates had been entered Three
blotters in which items appear and which
do not appear on the exchange register
The deposit slips were also offered in
evidence by the solicitor. The pass book
of A. s. Leadbetter Co, showing depos-
1t of $1,000 on March &c.
Captain White in behalf of the defense
made motion to exclude the banks
books and papers and argued his motion
at length.
Captain Whites Motion.
Captain White lead in behalf of the de-
Tense against allowing the books and
papers to be presented as evidence by
the state Attorney Smith also spoke for
the defense against the records beng Of
fered in the case. The Reeves banking
case in South Alabama was cited to the
court, it being explained In detail by the
| lawyers.
Solicitor Godfrey and Attorney Scott
representing the prosecution. sought to
| have the records admitted for examine
| ton by the jury.
| This is regarded as the most important
| point that has yet been brought up in the
| trial of Cornwell by the attorneys.
| The defendant and the spectators as
well as the members of the jury listened
attentively to the arguments pro and con
| by the attorneys interested in the case.
The lawyers engaged in the trial of
| Cornwell are:
! For the defense. Capt. Frank S. White
| of Birmingham. Attorney w. K. Smith
and Attorneys Mead and Porter.
For the state, Solicitor Godfrey and
Attorney Pnkney Scott
| When court adjourned, Judge Jackson
had the matter under advisement.
AIR RIFLES, 75c.
FOOT BALLS, SOC to Sl.5O