The Birmingham age-herald., 1905-03-08
Seem Afraid to Testify Before
 Mrs, Chadwick
ONE COULD NOT ST DOWN
Man Is So Nervous He Couldn't Re- member Whether He Had Ever Seen the Check Be-
 fore O. Not.

Cleveland. Ohio. March 7.-N,ne wit nesses were examined in the Chadwick trial today and the defense established the fact that the claim of the government that Mrs. Chadwick had no money in the Oberln bank at the time of drawing checks which were certified by Spear and Beckwith, was incorrect in two instan- ces at least It was shown by the gen eral journal of the bank that on Novem- Der 3, 1903, when Mrs. Chadwick received q certified check for s1O.oOo, an entry credting her with thas amount was made on the journal Of the bank. and Q deposit slip for s10,0O0 was made out in her name. The entry and the slip were in the hand writing of Cashier Spear.
 Another entry of similar nature amount ing to S5000 was also found These facts were brought out on cross-examination by Judge Wing. counsel for Mrs. Chad wick. after long and tedious questioning of H. H. Avery, assistant cashier of the Oberln bank. Avery at first testified that Mrs. Chadwick at no time had either money in or credit at the bank. It Is doubtful if AnSrew Carnegie will take the stand. District Attorney Sullivan Sdlu lHlS
 May Not Take Stand.
 Tt Is not my present intention to put MT. Carnegie on the stand and l don't think he will be called upon to testify un- less his evidence should be needed in re- buttal of something introduced by the defense"
 The greater part of the afternoon was hu ho 0f Avery It was cross-examination, re- direct examination, again cross-examlna- ton, then redirect, and all Of 1t dry stun.
 It was the object of Judge Wing. who conducted the oross-examination in be- half of Mrs. Chadwick, to discredit as far as possible the statement made by the witness at the morning session of court that there had not appeared on the books of the Oberlin bank during the time that he acted as assistant cashier, any entry to the credit of Mrs. Chadwick, and that she had not at any time any deposit in the bank, with the exception or once, when she had $10,O0O there. The lawyer and the witness waded through a laby- rinth of technicalities treating on bank ing business in general, and the books
  the witness finally discovered on the gen- eral journal of the bank an entry show Ing that Mrs. Chadwick had received and discounted note of si0.000
 Witness Gets Badly Tangled.
 Then ensued long wrangle as to whether or not this was a credit. The witness became badly confused at times, and announced that 1t was a credit and then declared that 1t was not credit. He asserted that it was 'an item of credit" but not necessarily credit. Then District Attorney Sullivan resumed his direct examination and the witness as- serted that there was not credit to Mrs. Chadwick on the books of the bank. TfNn Judge Wing would get him to admit that fit might be a credit" and all three would once more swing around the circle of credit" items of credit" discounts" ''ledgers' and journals"
 The matter finally became so confusing that Judge Tayler asked several oues- tions for his own enlightenment. n being finally shown that one item of sf0.00O and one of 5000 were on the books to the credit of Mrs Chadwick.
 Too Nervous to Sit Down.
 Horace G. White. bookleeper of the Oberlin bank, was so nervous when he took the stand after 1t had been vacated by Avery that he could not sit in his chair. He stood up and leaned over the end of Judge Taylers desk until the judge suggested that 1t would be we'll for him to sit down. When he adopted the idea of Judge Tayler. he perched on the extreme outside of his chair an1 twisted and untwisted his legs. He wao shown a number of the cheeks drawn by Mrs. Chadwick on the Oberlin bank. certified by Beclwith and Spear. and asked by the district attorney if he had ever seen them before.
 'No 1 never did"
 'Dld you see them down in my officer" asked District Attorney Sullivan.
 Let me look at them again" said the witness He scanned the notes closely and then said: 'I don't know whether I ever saw them or not
 He testified that the entry giving credit to Mrs. Chadwick for $10.000 was in ths handwriting of Cashier Spear and that the deposit slip for the same amount was also in Spears handwriting. Mir. Lyons. receiver for the Citizens National bank of Oberiln, was the last witness of the day He said that the books did not show that any account had ever existed by which Mrs. Chadwick could draw on the bank. All the accounts of the bank bal anced with the exception of that with the First National bank of Cleveland, where there was a discrepancy of about s27090 in favor of the Cleveland institu- ton.