The citizen. (Frederick City, Md.) 1895-1923, 1915-02-12
CENTRAL TRUST COMPANY
WINS.

recording in shorthand questions
| put to him and also his answers.
| Claude S. Hahn, stenographer in the
Frederick Circuit Court, late Mon.
day afternoon was placed in a rather
peculiar position during the trial of
the case of the Central Trust Com
pany of Maryland against G. Tobias
zimmerman. The situation was
brought about when John, E. Schell.
Jr., was on the stand and an effort
was being made to identify an indorse-
ment on a check. The witness was
| unable to make the Identification and
1t became necessary to refer to testi
mony offered at a former trial of the
same case by S. Lewis Motter. A por-
ton OF the testimony submitted by C.
L. Zimmerman, at the former trial,
also was read by the stenographer.
When he began the reading of Mr..
Zlmmerman's testimony, one of the
attorneys interested in the case ex-
pressed the wish that Hahn take down
the testimony he was reading. Hahn
and others who realized the situation
smiled and Hahn continued to read
without attempting the impossible the
recording in stenographic characters
what he was saying.
The hearing of the case was taken
up early last Monday forenoon before
Associate Judges Worthington and
Peters and jury. The action involves
many fine legal points and scores of
exceptions to questions are included.
Of
iod yesterday afternoon these excep-
tons, interposed by counsel for the
defense were so numerous that Jurors,
as well as the persons in the large
audience in the court room, were baf-
fled.
During the December term of the
Circuit Court the first hearing of the
case was decided in favor of the de-
PENDANT. The complainant subse-
quently filed petition for a new trial
and this was granted
The jurors selected Monday morn
ing to hear the case are: George H.
Wachter, foreman; w. F. Keefer, r.
D. Zimmerman, E. D. Deloyd, H. A.
Lowman, H. A. Dern, G. E. Cook, G.
h. Wilhide, T. l. Shoemaker, C. F.
Seeger, G. E. Anderson and Eugene
Sponseller
A large number of witnesses were
examined and some little testimony
was brought out that conflicted with
that submitted at the former hearing
of the case In addition to John E.
Schell, Attorney F. l.. Stoner and
Emory L. Coblentz were on the stand
late in the afternoon.
The action was brought in an effort
to recover $500, the balance on a note
for $1,000. c. Tobias Zimmerman was
one OF the signers he acting as an
accommodation maker, on a. note
given by c. T. X. Young, deceased, to
the bank. The note, the bank con-
tends, is an ordinary joint and several
note, not collateral in form. Young is
said to have later deposited IL shares
Of stock of the Farmers and Mechan-
les National Bank and 20 shares of
stock of the Frederick Abattoir Com
pany as collateral, but withdrew the
National Bank stock, which had been
deposited. He paid $500 on the note,
leaving $1,000 still due Subsequent
ly Mr.. Young died. Mr.. Zimmerman
then paid all of the note except $780,
The bank then instituted suit in an
endeavor to recover this balance
claimed to be still due.
After being out for nearly two hours
the jury returned a verdict shortly
before midnight in favor of the COM
plainant, awarding $402.9O
Attorneys Stoner & Weinberg ap-
peared for the defense, and A. S.
Brown and John S. Newman appeared
for the complainant.