The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-07-19
COIN TRIAL IN
DEADLOCK AS
LAWYERS CLASH
Prosecutor Fights to Have
Meyer Court Evidence
Admitted.
SEEKS LEGAL L00PHOLE
FraIIiCh Firm Partly Repaid
Sums Bank Advanced,
Jurors Told.

TRIAL Of Melville S. Cohn, vice
president Of the defunct Meyer
klser bank. shortly before noon as
state attorneys sought a legal loop
hole through which TO introduce
testimony Of an earlier circuit court
hearing as an aid IN the prosecution
Of Mr. COhn.
The lmpaSSe was reached when
FLOYD MatuCe. chief deputy prose-
Cutor. attempted 10 introduce the
transcript OF the testimony by Ferd
s. Meyer. Meyer-Klser vice-presi-
dent taken by Miss Alberta Smith.
court reporter for Circuit Judge
Earl r. Cox. in a hearing held by
the banks receiver, Thomas Garvin.
Vehemently. defense attorneys ar
gued that the alleged crime Of
which Mr.. Conn is charged, embez-
element, was in 1890 while the cir
cult court testimony was taken in
1893 and hence. not binding on the
defendant. Mr.. COhn
Mr. Mattice argued that Mr.. Cohn
was present at the time Mr.. Meyer
testified in circuit court and that
the testimony was binding.
Court attaches see in the skillful
maneuver Of the state an attempt
10 parade the entire vital points
of the receivership testimony be
fore the Jury trying Mr. COhn.
Special Judge Alexander G. Cav
ins took the question under advise
ment until court reconvened.
state Suffers Setback
Points made by the state in direct
examination of Antoine J. Wich-
mann. former Meyer-Kiser cashier,
were given a slight setback by the
defense as they cross-examined
Wichmann early this morning.
He testified that the FrailiCh
Realty Company. whose dividend
checks form the basis of the charge
against Mr.. Conn. repaid the bank
on certain dividends checked out for
the company TO preferred stockhO!d-
erS. Yesterday ne had said dividends
were paid when the company had
10 funds
Mr. MattiCe. however, bro hit out
on redirect examination lat the
realty company's books balanced
for the lat time sometime in De-
cember Of 1927 Loss r Nare shown
a few mon,hs later. 1t xaS declared.
The personal account of the realty
company's receiver. j. j. Kelley, Of
Gary, amounted to sl01O5.97 on
Sept. l. 1880. the witness testified
The account was kept in the Meyer
Kiser bank.
Mr.. Mattice sought 10 slow that
the receiver had sufficient money
on hand to pay dividends to pre-
ferred stockholders and that it was
not necessary to use money from
the Meyer KiSer bank.
Mr.. Wichmann testified that later
this personal account Of the receive
was wiped ont by the payment Of
mechanics liens on property Of the
realty company.
Firm Owed S24.S39SI
II was brought out in evidence
that prior TO the payment of the
s27 80 dividend to Albert Blue. a
preferred stakeholder of the realty
firm upon whom the embezzlement
indictment against Mr.. COhn is
based. that the realty company had
a balance due the bank of s24109S1
ana that after the dividends were
paid a balance due the bank of
S14.339sl.
In a SenSa tional session yesterday.
Mr.. Wlchmann seemed one OF the
states ace witnesses when his testi-
monv disclosed that funds of the
Meyer-KiSer bank not only were
used TO pay dividends TO StockhOld-
erS Of defunCt realty companies for
which the bank had flOated stock is
sues. but that thousands of dollars
we're taken from the institution 10
retire stock in the realty companies
as il matured.
The cashiers testimony further
revealed that the bank paid total
Of SI4.490 in dividend payments Of
the defunct FrailICh Realty Com
psny. Gary. for which It was not re-
lmburSed by the realty concern.