The Birmingham age-herald., 1911-12-09
RAILROAD AGENTS DENY SIGNING THE BILLS OF LAD|NG Examination of Witnesses Begins in Knight-Y an
 cey Case DEFENSE OBJECTS TO RECORD TESTIMONY Contends That Record Is Not Proven. Judge Grubb Overrules Objec-
 ton and Exceptions Are
 Entered

case and at the conclusion of the after noon session District Attorney Street said he was about half through with the pre- sentation of the governments side of the case There is a mass of documentary evidence being presented and great deal of that brought out today was by the prosecution as well as to the defense. fense.
 Attorneys for the defense urged Judge Grubb to shorten the hours of work to- morrow and direct the prosecution to al- low them to inspect the papers that are being presented District Attorney Street said he is willing to do anything reason able to obige the gentlemen, but he his papers until he is through with them. He hopes to finish his case by Saturday night he said, and that would give the opposing attorneys all day Sunday to go through his papers. Defendants attorneys suggested a recess Saturday afternoon. but Judge Grubb said this would not be fair to the iurymen whose liberty is be- ing restrained.
 He said it would be better to work
  the case hung up by a possible sick jury man, all who are concerned in the case look forward to another strenuous day $ work Saturday and no one expects the case to get to the jury before next Wednesday.
 Examination of witnesses begun imme- diately after the opening of court. The opening of court this morning. The prosecution at once set about to prove that large number of bills of lading for cotton consigned by Knight Yancey & Co.,. were forgeries.
 Judge Grubb requested counsel for both sides to go as rapidly as possible and not lose too much time.
 HIT Drain. cotton clerk of the Louis vile and Nashville railroad at Selma, was the first witness. Two bills of lading Tor 100 bales of cotton each were handed h1fn and he was asked if he signed them He said he did not.
 Four other bills of lading for 100 bales each were than handed him, and he an swered in reply to a question that he did not sign them. Asked to state IT this cotton was ever received for shipment in accordance with these bills of ladinS, he replied that his record fails to show the fact
 The defense objected to this testimony relating to the record because the record has not been proved. Judge Grubb over ruled the objection and exceptions were taken.
 A batch of more than 50 bills of lading
 
 him and he declared that he had not signed any of them, nor had he author ized anyone else to sign his name to them.
 Cross Examination
 Being cross examined, the witness said a great deal of cotton was shipped by Knight Yancey X Co. from Selma. lis records fail to show that actual cotton was consigned to the Selma office cover- ing half dozen of the bills of ladi 1S submitted for examination. Witness said in some cases bills of lading had been issued at Selma for cotton that was not received and that this practice prevailed m to the time Knight Yancey x Go. failed.
 On redirect examination, witness said that these bills of lading meant that the cotton had been delivered to his railroad at some other point. When it was re- ceived at other points it was rebii'ed 10 Selma. Knight had no authority to sign bills of ladng for the LoulsViiie ana Nashville railroad, he said
 Drain was allowed to retire from the court room and compare the 50 odd Ills of fading that were handed him, with his record. to ascertain If the actual cotton descr,bed in them had been consigned to the Louisville and Nashville railroad.
 Morrow Examined
 IT q Morrow. agent for the South ern railway at Decatur, was the second ,vitness Flight bills of lading bearing his name. purporting to show that SOU bales of cotton had been consigned to the Southern by Knight, Yancey & co. were handed him. He said he did not sign the bills.
 E & Morrow who has authority to sign the bills of lading for the Deca- fur office. did not sign them. Morrow said he is familiar with Knights hand writing. but he could not say that Knight had signed these bills. He testl- fled that his records show that no cot ton corresponding with the descriptions in the bills of lading was received from Knight, Nancey & tc. ne ucAShSc cp-- iected to this on the grounds that the record is not proved. but Judge Grubb ordered that the testimony be admitted.
 Agent E. N Pennick of the Louis ville and Nashville railroad at Decatur denied signing his name to 1a2 bills Of lading purporting to show that Knight, Yancey & Co. had delivered cotton to him for shipment. He had not examined his record to see if the cotton called for in these bills of lading had been received
 PenniclS said he received telegram from Henry Hentz & Go. of New York maturing about 300 bales of cotton that they failed to receive after getting the bills of lading. He wired back that the cotton had not been delivered to him. he told Knight of this and Knight said he had got things in - Of mess The cotton was next day delivered by Knight Yancey & Co. to the road at Decatur and went forward to the con- signee.
 J. w. Hunters Testimony
 !. w. Hunter, who was commercial agent for the Southern railway at Selma in 1910, denied that he signed any of
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