Evening journal., 1914-04-01

I
When court resumed it's afternoon
session, at 2.30 o'clock, United States
Marshal George l.. Townsend, who
is the president of the bank, was on
the stand.
Mr.. Townsend said the president
and a committee OF the directors went
over the notes several times each
year. He said he was on the com
mittee in 1892 and 1896. The notes
we're always given to the committee
by the cashier, who took care of the
correspondence. He said that the
cashier had practically control Of the
bank and always had control OF the
notes.
On oss-examination, Mr.. Towns
end denied that the other officers Of
the bank had control of the notes,
but they did have access to the notes.
Mr.. Townsend said that the cashier
had sole custody Of the notes. He ad-
mitted that he had seen clerks have
the notes.
He was asked by Mr.. Ball if the
cashier made weekly statements to
the board He replied that the
cashier made such statements week
ly and they we're not questioned.
Mr.. Ball asked II any discrepancies
ever occurred. Mr.. Townsend re-
piled that usually the notes corre-
sponded with the statements and
when a slight difference was noted 1t
was always explained.
"Did you sign the reports that Mr.
Kelley made TO the comptroller" I"
asked Mr.. Ball. YES" was he
answer.
On redirect examination witness
said that under the bylaws of the
bank the committee of the board was
required to examine the notes four
times year, but II he remembered
correctly this was not done always.
Mr.. Nields offered the minute books
of the bank for October, 1912, and
November 9, 1912, to prove the date
of Mr.. Kelley's resignation.
Joseph Hicks, of the treasury de-
partment Of the comptroller of cur
rency, said he lad the reports made
in April, and February of 1912 and
December, 1911, OF the condition of
the bank. He Identified the reports
and certified copies. When asked II
the reports were I'm the form pre-
scribed by that Office, Mr.. Ball OBJ
iected on the grounds that the re-
ports spoke for themselves, and the
best evidence should be produced. The
objection was sustained. Mr.. Nields
withdrew the question.
On ross-examlnation Mr. Hicks ad'
, mitted that he had no connection Will
the reports and only knew the reports
TO be the original ones because the,
we're In the paper files, and had beel
! put there IN the regular course o
business and had been handed to hin
as SUCH
when did you compare the origi
nails with the certified copies?" Mr.
Ball asked He said they had beer
compared by the clerks and admitted
that the only way he knew them to bI
exact copies was because they wer'
certified
Alfred G. Cox of Middletown, a jus
tioe of the peace and notary public
! identified his seal on the fiv9 report
I made by Mr.. Kelley. to the comptrol
Ter. After some argument Mr. Nield
said be would Introduce the Origina
reports at a later day.
robert Douglas, assistant telle
OF the Peoples Bank, was the mex
= witness. He said he was familiar W.T.
individual lcigcr Tie was IA nnia
with the handwriting of the defendant
j. lad been in the slnk almost five year
I, and identified his signature on tn
4 reports. Item No. IL Of the report
!. was in the figures Of Mr.. Kelley. II
: said Mr.. Kelley kept the journal, LED
!, ger, Offering book and several othe
= books of the bank.
y Mr.. Nields offered certified copi,
! Of the calls made by the comptroll'
) of the currency for the bank report
i Mr.. Ball objected, saying that n
government had possession Of the o
Il" iginals. Mr.. Nields said he wou
a have the originals in court at a
- times. Mr. Ball said he wanted the
- to show that they we're delivered
. the bank.
( Mr.. Osborn Called.
While Robert Douglas was {
es amining the book. Albert L Osbol
e. was called He said his occupatiC
le was that of an examiner of question:
rs documents and that he had made
he study of the various phases of han
writing, typewriting, papers. etc.
Is said he had testified in the Ric
G. Patrick. ROLAND Molineaux cases,
lie Toronto bribery cases, the McNama
oil case, and other celebrated cases.
sl- said he had examined various entri
at handed him by MT. Nields and HI
ey photographed some of the documen
ID. and figures given to him. He W
k handed 81 photographs which he b
I'D taken of the books of the bank a.
other documents which were TAX
en- hv him IN tho hnildfnp with a sDpc
til apparatus invented by him. The pf
tographs were enlarged two dia
eters, with a lens certified by &c
ay ernment employees to reproduce /
* curately. He said he had examin
Mt. the books TO see the handwriting a
lr- certain erasures occurring in the
S. Mr.. Osborn compared the pho
rts graphs with the books of the ba
nd and identified them. The photograI
las were OF footings, parts of accoun
ses trial balances and figures of
ew Kelley. The photographs we're tai
ION of pages and parts of pages in s
ara erai ledgers and journals and ou
me books of the bank. The photograI
has were OF individual accounts as
- back as July 1899 and ran throt
o. o. the years Of 1900. 1901, 1902, 1904 4
-. 1905. Several OF the photogral
ns were OF individual accounts, amt
~ ~, them being two pictures Of the M
pns c. Corkran, two of Shaw Broth
lu and several OF the Davis accoul
reu and the James ID. Eliason account
- Douglas, who has been identify
MI. a number of books, took the ST.
ned and declared they we're books OF
otes Middletown bank. Mr.. Nields one