The Birmingham age-herald., 1907-05-02

sation with Chisolm with reference to the examination of Chisolm's books in May. Witness said that lie asked Chisolm on August 1S how he had covered up his shortages so that they were not evident at the May bank examination. Chisolm replied, said witness, that he had made l charge tickets against various firms. | These charge tickets were exhibited and identified, showing a total shortage of S52,225 existing in May. Witness said that Chisolm admitted that this was his short l age in May in his conversation on Au- gust 13.
 Witness was cross-examned by Captain White, who asked him particularly about the examination of the First National bank on May B. Witness said that he counted the money in the reserve box but could not recollect what sum 1t con tained. He couldn't recollect who opened the reserve box for him at that time
 Captain White next took up the state ments offered in evidence as Chisolm S accounts with the cotton brokers which witness had said he secured from the books of Foster X Go. and Gilbert & Clay. Witness was questioned regarding several items in this statement, one of s7000 which, witness said was not taken from the brokers books. but from Chis- olm's memorandum book
 Captain White remarked at this that if this item could not be accounted for or found to be wrong then the whole state ment of the Sl00Oo0 shortage was wrong The statement was then carefully gone over by Captain White and the witness. and 1t was shown that Chisolm turned into the bank from his dealings with the brokers the sum of sl37000
 The cross-e examination being concluded. MT. Bradley asked Mir Cooper how much -Chisolm had taken from the bank. ae- cofulng 10 the statement in witness hands. Captain White objected strenuous- ly to this question, but Judge FIundley overruled tho objection. ATr. Cooper said that the statement showed that Chisolm had taken s233,0O0 from the bank.
 Bookkeeper Takes the Stand.
 F. H. Miller was called to the stand and testified that he was the individual book Keeper of the First National bank in May, l906 and the books of the bank being of fered MT. Miller identified entries made by him in that month which corresponded with and accounted for the charge tickets made against these firms by Chisolm in that month. By these entries it was shown that Chisolm would take out the money on one day and replace it the next day.
 Fred Chisolm was called, but was tenn porarily excused.
 Langston McCauley was called to the stand and testified as to the deposit slips passing through his window at the First National bank. He testified that A. R. Chisolm handed him these deposit slips
 Henry Jernigan, receiving teller of the First National bank, took the stand tes- tifying regarding the deposit slips that passed through his window at the bank.
 Charles H. Abbott, treasurer of the Woodward Iron company, was the next witness. He carried the company's check book and pass book and testified that he kept the books of the company and that the records showed that no check for Sl6,22355 was issued by the company be- tween May 10 and May 20, 1906, as shown by Chisolm's entries on the deposit slips of May 16 1906.
 Captain White. for the defense. strongly objected to this testimony, and the gem eral testimony offered by the witness. but Judge Hundley overruled the objec- tion.
 Considerable argument here ensued be- tween MT Bradley and the court as to the relevancy of MT. Abbott's testimony with the result that the court ruled the tes- timony regarding the pass book of the company admissible to which Captain White excepted. Captain Whites obiec- tions were based, he said, upon the fact that the pass book was kept neither by Mr. Abbott nor MT. Chisolm, and there fore had no bearing upon the case.
 In cross-examination Captain White enl- phasized the point that MT. Abbott did not make- the entries in the pass book and with only one question to the witness moved to exclude fhe testimony entirely and the pass book ne. an exhibit. This was ovesruled by the court and an excep ton taken by the defense.
 After consultation between counsel Tor both sides adjournment was taken at 5;SO o'clock until 9:30 this morning.