The Mena weekly star., 1919-05-01
MERCHANTS BANK
 LOSES AND WINS
Two verdicts Against Institution Third for the Bank--Special Jur- ors Cailed-Adjourned Thursday
 to Tuesday of This Week

attention of the court and jury two
 days. There are thirteen different
 cases on the docket. The first taken
 up was that of A. B. Affholter which
 was for the recovery of $l50 and ac-
 crued interest, the allegation of the
 plaintiff being that the principal
 amount was paid to the bank for the
 purchase of registered bonds of the
 4th Liberty Loan, which bonds were
 never delivered to the plaintiff, but were stolen when the bank was bur
 Qlarized last November. The follow
 ing jurors were empaneled in this case: Walter Hicks, Joe Kirkland, J. k. Williams, ". T. Myers, D. k. Lit tie, Harrison Thompson, Bert Pirtle, J. NJ. Lambert, II. Gam, s. R. Hines, J. M. Strawn and Clifton Cunning
 ham. Judge J, s. Lake of DeQueen represented the plaintiff and Pipkin & Prickett are attorneys for the bank. This suit was more closely contested than any other case tried at this term of court. The introduction of testimony was concluded at o'clock Thursday, and thereafter the at torneys for half hour argued the instructions to the court, following which the instructions were given to the jury and the arguments taken up before the jury.
 The jury in the case of A. B. Aff- hotter ys. the Merchants Bank of Van dervoort on Thursday evening re- turned verdict of $15303 in favor of the plaintiff, the amount being the value of $50 in liberty bonds of the fourth series, together with accrued interest. The action, it will be re- membered, was for the recovery of the value of the bonds which it was alleged had been left with the bank for safe keeping, but which were stolen when the bank was burglarized on November 13, 1918.
 The second suit taken up against the Merchants Bank of Vandervoort was that instituted by Mrs. Leni Aff- hotter. The complaint in this action contained two counts The first was for the recovery of $153 alleged to be due the plaintiff on account of $150 paid the defendant bank for the pur- chase of registered bonds of the fourth series. The second count was for the recovery of $102 alleged to be due on account of $100 bond of the third series which had been deposited with the bank. The contention of the defendant in these cases is that the institution exercised due dili- gence in the safe keeping of the bonds, and that they became lost thru robbery for which they were not responsible. This case, like that of A. B. Affholter vs. the Merchants Bank, was very closely tried with the same attorneys as the previous case, tho on account of the disqualified tions of some of the jurors the case was, by consent of parties, tried be- fore seven jurors as follows: s. I. Woods, Hamp Lofts, Frank Brum- ley, Holder Williams, Eugene Woods, Hamp Lunsford and F. Garrett.
 On the first count the jury returned verdict of Si46 and scr on the sec ond. It was therefore ordered by the court that plaintiff recover from the defendant in the total amount of $243.
 The third suit tried in the se- ries against the Merchants Bank of Vandervoort was that brought by John Maloney for the recovery of $52l.25 alleged to be the value of five liberty bonds of the denomination of $100 each, of the third series, which were deposited with said bank for safe keeping. The case was tried be- fore the following jurors of the spe- cial venire: Willis Thompson, ". NJ. Matthews, Emmett Rowe, Will An derson, J. c Lawrence, J. E. Wood son. M M Shields, s. s. Malicoat. ] A. Wilhite, w. J. Tucker, M. Parker ld c K. Kelley The attorneys in the case are the same as in the other hank cases Judge j. S Lake for the plaintiff and Priekett < Pipkin for the defendant.
 The tide turned Friday evening in the Circuit court in favor of the Mer- chants Bank of Vandervoort. when the jury in the case of John Maloney vs. the Merchants Bank returned a verdict in favor of the defendant, the verdicts in the first two cases tried having been in favor of the plaintiffs. Peculiarly enough the is- sues in the Maloney case were identi- cal to those in the second count of the case of Mrs. A. B. Afholter. The ae- tion was brought for the recovery of the present worth of five S100 bonds of the Third loan, which Maloney al legged to have deposited with the bank for safe keeping, and which. with oth- CT securities were stolen when the bank was robbed on November 13, 1918 The remaining cases against the bank have been continued until the next term of court. and in the meantime the three cases which have been tried will be appealed to the su- preme court.
 Report of the Grand Jury.
 The grand jury completed its work Wednesday evening, after having been in session only two days. The following report was made to the court:
 To the Hon James s. Steel, Circuit
 Judge:
 We. your Grand Jury for the April, 1919. term of the Polk Circuit Court having investigated all crimes of which we had knowledge or received
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