Evening journal., 1914-04-10
Counsel on Both Sides Will
Argue Case on
Monday
COURT HEARS
LAWYERS PRAYERS

closely were surprised as II was the
impression that Mr. Ball in defense
of his client would introduce several
experts to combat the testimony Of
fered by the government
Mr. Ball closed his case after put
ting W. Harmon Reynolds, of Middle
town A. o. H. Grier, city editor Of
the Every Evening and two character
witnesses, John $. Crouch and Jo-
seph c. Jolls on the stand Immedi-
ately after they testified Mr.. Ball
rested District Attorney Nields
asked for prayers. Mr. Ball also
asked that certain instructions be
given the jury
Both attorneys We're unprepared to
argue the case yesterday afternoon
and conferred with Judge Bradford
regarding an adjournment until Sat
urday morning. Judge Bradford
never holds court on Good Friday.
Judge Bradford announced to the jury
that he would hold court part or all
day Saturday II the jury so desired
or would adjourn court until Monday
morning. The jury decided that it
would like to hear the arguments OF
counsel and take the case on Monday
and Judge Bradford adjourned court
until Monday at 11.30 o'clock
When the court convened yesterday
afternoon Mr.. Kelly was on the stand
for redirect examination by Mr.. Ball
when Mr.. Lockwood was on the
stand the other day he testified that
a.. l.asH
examiner came into the bank, you
whispered to him not TO volunteer
any information; is that true or
false?" asked Mr. Ball.
False" replied Mr.. Kelly.
Mr. Kelly was handed the deposit
book of w. Harlan Reynolds and
asked what It was He pointed out
the figures on a page made by Mr..
Lockwood.
W. Harlan Reynolds identified the
book. He said the footing on the
page which was marked was changed
in his presence by Mr.. Lockwood.
What were the figures originally
at the foot of the column" asked Mr.
Ball.
Twelve thousand, FIVE hundred and
fifty seven dollars and forty-three
cents" was the reply.
WAS II correct?"
go, sir; it was wrong by $4,000.
II was a mistake in the addition" said
the witness.
The witness said the footing showed
that he had an overdraft instead OF a
credit
A. o. Fl. Grier. city editor Of the
Every Evening, took the stand. Mr.
Grier said that some time ago he had
conversation over the telephone
with Mr.. Townsend about the alleged
discrepancies in the bank. Mr.. Grier
said he wrote a story after the con-
versation and sent the story to Mr..
Townsend. who 20. KID" Il and re-
turned it to Mr.. Grier's paper. II
was printed the next day exactly as
MIR. Townsend had returned IT, Mr..
Grier was examined and the news
paper interview was read to the jury
/ by Mr. Ball
/ This evidence was used TO contradict
/ Mr.. Townsend who testified that th,
account in the newspaper was an incOr.
rect one and much OF it was not auth
orized.
john ]. Crouch. cashier OF the Cit
lzens National Bank tor 80 years, wa'
next called aud gave Mr.. Kelly an eN
cellent reputation for honesty and iaii
dealing
William n. Jolls said he had know
Mr. Kelly for 25 years and also gav'
him an excellent reputation. The de
fence then rested.
Both attorneys then submitted pray
er-. Mr.. Nields asked that the iur,
be instructed that making a false entr,
with knowledge OF its falsity constl
tutes intent to deceive. Mr.. Ball agree'
with him ON the proposition. Mr. Nield
insisted that any neglect ON the par
of the directors had no bearing ON tn
defendants case, so far as the issue
were concerned.
Judge Bradford overruled the motio
made BY Mr. Ball yesterday Afternoon
10 instruct the jury not TO consider tn
first live counts OF the Indictment, ol
the ground that the calls of the comp
troller had not been proven. Judg
Bradford decided that the government
did not have to prove the calls.
Mr.. Ball asked that the jury be IN
structed that should they believe th
defendant guilty OF making the entire
in the books of ls9S-99. 1900, 100
1902 which figures had not been refer
lred 10 in the court they could not con
vict him. Judge Bradford said this wa
/ correct and that the jury could onl
find Mr.. Kelly guilty of making the en-
tries alleged in the indictment. ludg
Bradford said that he would instIuc
the Jury That IT they are to convict th
defendant intent 10 deceive would hay
60 be found before the defendant coul
be convicted. Judg Bradford stated Oh
entry must be false entry and nc
merely an untrue OF incorrect entr,