The Washington times., 1916-05-18
DEFENSE OBJECTS TO
RECALL OF WITNESS
Exception Noted to Ruling Of
Justice on Basis Of Judicial
Discretion.
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but that there are exceptions to the rsile
in some cases where the interests Of
Justice seem to demand II, and that he
considered this such . case.
Objection Overruled.
Here the court overruled the objec-
ton Of the defendants. and Mr.. Lam
mond took the stand.
III your honor please" said Mr. Ho-
gan. you understand that my exoep-
ton here 10 with greatest Difference TO
your honor. but the defendants contend
that your honor has not exercised the
judicial discretion imposed In you. but
your honor has. In the language OF the
court. abused this discretion. which Is
q judicial discretion. and not given to
your honor personally. and that, for
that this Ii q general rule and estab-
lished practice here. as have already
stated, that certainly In this case or
In any case of the kind. there cannot
be a breach OF that rule without con-
couns. n for eO the Seten :er' them noted
an exception on behalf Of the defend
ants.
Identified Entries.
The witness hammond identified en-
tries on the ledger sheets Of Lewis
johnson & Co.
District Attorney Archer held In his
hands, as he examined the witness.
ledger sheets from the Riggs National
Bank book. known in the case ss "ths
order book" He questioned the witness
concerning stock transactions known a.
the Hon. ]. Hoffiger transactions, COM
pairing entries on the Riggs book with
those on the ledger sheets of Lewis
johnson & Co.. held in the hand OF the
IT. was brought out during examina-
ton of the witness that stock transac-
tons had been negotiated for the bank 9
patron Hoffiinger through the firm of
4 i %sresr q the the f TS,s sSr STATES
army. and other patrons of the bank.
Sale slips, bills. and other documents
relating to the stock transactions werc
the basis OF questions to the witness witness
papers were offered In evidence.
q. Edwin Gregory. cashier Of the
National City Bank of New York. sub
poenaed by the Government to pro-
bond transaction in which the Riggs
Bank and the National City Bank hg-
ured. said that he could not ind the
papers ordered in the subpoena and
that he had no personal recollection
Testimony Of Mesrns.
william A. Mearns. member of the
defunct brokerage firm. was asked
whether he recalled the making of
the arrangement whereby Lewis John
son q Co. acted for the Riggs Bank
officers In stock transactions.
Mr.. Hogan, counsel for the defense,
objected to questions put by attorney
for the prosecution and Mr.. Archer.
putting the question In another man
ner. drew from the witness an ex-
PLANTATION that stock transactions be-
gan between the bank and the brok
erage Arm shortly after the 1907
panic.
The witness told Of the taking over
Of the local business of Post & Flags.
brokers. by Lewis Johnson Co. He
said the officers Of the latter concern
discovered that Post & Flagg had the
business of the Riggs Bank officers and
that he went to see Mr.. Glover to learn
II Lewis johnson & Co. took over the
Post q Flagg business the banks busi-
ness could still be held.
The witness told of having asked Mr..
Glover whether or no the Lewis John
son Co. could borrow money on
proper collateral. from the bank as the
Post & Flagg concern had done. Mr..
Mearns said that the relation of Lewis
Johnson & Co. as borrower from the
bank ensued shortly after the confer
ence with Mr.. Glover.
Assistant District Attorney Archer
then questioned the witness as to
whether there was direct communities
ton with the Lewis Johnson Company's
former offices In r street and in the
Riggs National Bank. and whether or
no telephone facilities were continued
In the same manner when the brokers
moved In the building adjoining the
Riggs Bank.
Direct Phone Service.
Attorney Hogan. for the defense. nd
mitted that there was no dispute con-
corning a direct telephone between the
6esk of Henry II. Father. cashier OF
the Riggs Bank at the time. and Pitt
Cooke. an employe OF Lewis ohnson
& Co,
Asked by Mr.. Archer II Mr.. Coke con-
versed frequently with the Riggs Of
fcials over the private telephone. Mr..
Mearns said that Mr.. Coke used the
line probably a dozen times 2 day;
ton that the calls were principally to
keen all parties concerned posted as
to the state NJ the stock market.
Justice Siddons sustained nm objection
Mr.. Cook and Henry H. Flather. over
| tho privste wire.
When the Jury took its place in the
| iury bow today, each wore n carnatIon
Th"v wee the gift IT friend Of Juror
Heitmu1er,
MIR. and Mrs. Chauncey nopey entered
the court room early IN he dny and
sat with Mr.. Glover until the noon
| recess.
MARRIAGE J.iursusss