The coastland times. [volume] (Mnateo [i.e. Manteo], N.C.) 1947-1959, 1951-03-02
MANN
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he LWO WlJucSSCS QIOUuCcu Dy
prosecuting lawyers, Martin KEEL
logg, Jr., and Forrest v. Dunstan,
were l. C. Van Patton, Jr., Vice
President Of the Bank of Com
merce in Norfolk, the bank upon
which the check had been drawn,
and E. w. Fields, who had pre-
sented the check for payment and
had it returned to him.
Circumstances
The circumstances concerning
the check, as they were brought
out in the testimony of the two
witnesses, were these. Mr.. Mann,
on the 14th of December, called
Mr.. Fields from Norfolk at his
fish house in Manteo. He said he
wished to buy. 80 boxes of large
founder. Mr.. Fields testified that
he told Mr.. Mann that he would
have to have cash for the fish,
and, further, that he was not sure
that he could supply more than
65 boxes of large founder and
Is mediums. He said that Mann
told him "to do the best you can"
and said he would send a check
down with his driver when he
came to pick up the consignment
of fish.
The truck arrived during the
evening of the 14th, but, it was
brought out, it was not loaded I'M
til early on the 18th. Mr.. Fields
said that he had filled out the
check on the 14th, before the truck
was loaded, because he knew what
proportion of large and medium
fish would be loaded and, there
fore, how much the cost would
be. Mr.. Mann had sent with his
driver a check left blank except
for his signature. Questioning re-
vealed that, though Fields had
bank accounts at Manteo and San
ford, he sent the check with a
driver of his to the Sanford bank
next day; he had done so, he said,
because he had written checks
upon the Sanford bank to pay
for fish and needed the money
on deposit there.
About two weeks after deposit,
Fields said, he was notified that
the check had been refused. Pay
ment upon it had been ordered
stopped by Mr.. Mann.
Bank Mans Testimony
Mr.. Van Patton brought along
the pertinent bank records to
show that Mr.. Mann had no ac-
count in the Norfolk bank at the
time the check was written, and
thai he had made his first deposit
IF only $500 a few days after the
check was drawn. He testified
that, when the "stop payment
was requested by Mr.. Mann, there
was about $50 left in Mann's ac.
count. He admitted, upon direct
question, that the bank had pro-
tested the check because of the
"stop payment" order from Mr.
Mann, although he said that the
check would not have been paiG
in any case because Mann hadn't
sufficient money in his account
In his final argument Mr.. Dun
stan read from recent ruling
of the North Carolina Supreme
Court in a similar case. 1t was
clear, the lawyer said, that the
law makes the drawing of a check
illegal when there is not sufficient
money on deposit to cover it
"Check giving in these cases il
a form of deceit" Attorney Dun.
stan declared. The defendant, he
went on, ought mot to be allowed
to take advantage, of his owT
wrong" Dunstan said that, in his
experience, he had never seen 6
stronger case for the state in g
similar case.
Mr.. Kellogg summarized the
testimony of the witnesses, anc
said, in conclusion, that this was
zone of the strongest cases of the
issuance of worthless check that
1 have ever prosecuted" He said
finally, that no one knew more
| surely than the defendant, who die
not testify, whether or not there
were sufficient funds to cover tht
check.
Mr.. McCown told the judge anC
crowded courtroom that there
were several reasonable doubts i,
the states case; and because thu
defense felt that the states cas-
could not stand, it had determines
to introduce no evidence. The law
yer said the defendant did no
present a completed negotionabl,
instrument, and that his who'll
part in drawing it up, whether
were unlawful or not, had takel
place in Norfolk, beyond the jur
isdiction of the court. He suggest
ed that Mr.. Fields would have de
posted the check at Manteo if h
hadn't Something which mad
him want to hold up on. tn
check" there was something else
the lawyer said, an agreement t.
hold the check for awhile. Tn
thing that had made the checl