Newspapers / The Asheville Times (Asheville, … / March 14, 1899, edition 1 / Page 1
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,4 . Vf Vol, 4; 1?6;30;; ASHEVEI II. ja. TDE9DAI3 U6EmABCH ii, 1899 i1 - " ., ::r-tJ . . -- s - - ' V .1 r r- qESfflEICH & COi, 1 KLPattnn Avphiip --0 5 TUESDAY, VEDIIESOAY AIID THURSDAY. W place on tale, agaio, tbe 2 ' American Lady' and Model Form Corsets. These makes 3 are the most popular in the trade $ and our Special Offer pats them 3 in easy reach of all. " - . FwComfort, Durability and $ Price, these Corsets are at the S head. Remember the 25 cent Coupons are redeemed by as as part payment on the purchase ofeach Corset . Many ladies i have taken hold of this offer and come back to let ns know they were well pleased. t Every Pafe Fully 5 an teed. Gvar- - w - . 'r' . 4 ICH l, "- J 51' Patton Ave. Do not: deny your self this healthy -and favorite dish. We have plenty of apples in cans, and good ones. 3 pc und cans, i ocr, 3 cans for 25 c. in gallon cans and at a price that' will inter est you. . -: IVHOLESALlE AND RETAIL FANCY GROCER, ' 63 Patton ATenue- ' Huvler's Candies - , - - - . f. BeoeiTed today Satdrday) 'Jordan Almonds, ' , 1 . - ER BESTRE Pes GREER, - ,2 Burnt Chocolate Almonds, i ' ' Salted Alinonds. . 8 Tafly, Assorted, ;.: , Molasses Candy - - Caramels . ' 1 ".J Chocolate Peppermint, L: r- J " "Bonbons and Chocolates, - - , . xuzeu vinocoxaies, 'j . : Candied Emits, : -Chnrdi St and Patton Ave. Phone 132 W en In 4 hurry for Drug r nT;nnww State Library N o "Evidence Submitted by the: Defense, and the End is The Question of iQtent th Keynote of Joseph S. Adams' ; Address to the Jury for the Defendant A9ks Court to Instruct the Jury that if Breese Appropriated Moneyfbut Made no Concealment of the Fact 1 ' He Committed no Crime. District Attorney Holton Argues that the Case Should be Tried According to the Facts Disclosed, His Review of the Testimony on Which Conviction is Asked Judge Chaiiat A. Moore Argues That Breese's Only Offense was Getting the Notes, and that this Act Saved the Bank from - , Failure Before it Did. In the Breese trial yesterday morning the defense aam-ounced when "court op ened that they were -reteuly to proceed with the case, but would kutroniuce no testimony. Thia was a great surprise s t had been expedted that Major irreese rwmseCT would be placed on the Judgre Moore made some explanation - Sorneft Itatroduckig- test&mdiiy. He add tihiat since adjournment on Ci-i 4-T .3 M 1 J J. 1 - - ing-6-rtke ourt into -eonsideraition and had determined thai it wouM anot be prefer necessary Vand would do no good. 4io 'introduce evidence ; in faot, he thedr- evidence, oourit's ruling, would toe competent. After a discussfid!ff a. time limit for 4ihe speeches, andean agreement that there should be no limit, Judge Moore said that the defense bad some special lnstruatlons it wished to ask for, and the lntrudtions were ithen handed to the government attorneys for review. Judge PunneH ruled that w the de fense had introduced no testimony they were enjil'ed 'to the opening and closing argument. J. S. Adams opened, the argument for pphe defense. He referred -to the hard labor devolving upon, the defendant's counsel, and said that while the jury was quietly sleeping- fche lawyers for the .defense had not burnedi -the - mid- tilghit oil but early morning oil, and that toe was almost exhausted. ."We want fthe defendamtt-to be tried by men who havedn 4heir hearts the milk of human Wndn-ess' - he said. "Sometimes lawyers say they do not care for sympathy for their clients. "We do not sayitha4;we want, your sym pathy because we think we are ienstitOed to t." . : Mr. Adams then read, the fifteenth prayer for special instructions The instruotions were, in substanoe, tlhajt if the jury .should find thait the defendant appropriated the funds of the bank and it was 00 recorded on the books, ttaat all offioeirs. xf the bank could easily find 1 oun mai true aeiencuunt. 'naa gone so; Lthat defendant was. liable to c5vll suSt; tha he did not abscond, then the ury 4hali;not convict the defendant on ithat charge-vW ""-' ' ' .ff. If an officer of the bank5 should ais prbpriate money, th: proof of t bat one fact was aot sufficiemt to establish .his i guttt. If he had recorded, all his:trans ioctaon accurately and had made no at tempt a)t deceptSon "or concetaitonent, then jae was not guiHyo , ' "lit 3s htelded,,' - said''':---''daixiB; that there are false entries, but thre :- BSTABUSHSD 188& .Treatijaent ofZiong and Throat Disease. , :-. KABL von BUCK, If. D. Medleal Dimeter. - . " BATES $22.50 per week; and npiwi aeoordins to tfcs room selected. lmdudee eveythdi excepting a oerfiain- numberr of roonis are raerrea at a lower,rate f or rjatientTwhose toattaJ rfrcumaunoes require It and to uch t2 toecfaeaiioto oPatfent. can eater and. aye 1 any tima., Adyncda St ..V 11nriTTTinTiTvrmn ; r V 1 . I I I .' I I I I 1 1 . 1 1 I ' I 7. llBilil Near at Hand. ' is not a single false entry as to any amount charged to have been- embez zled in the bill of Indictment, not a pretense of a claim 'that there is a false entry in tMa regard. The books show ing" to (the contrary have 'beenr inifcro duced by the government itself. It is not charged that & single Mem was omitted, involved In the bill. If every thing was charged on the books, and. defendanlt (held himself liable to a civil action and dd not eibsoontl, then-21. ox these oduints should be elmmlated, I coanbend." ... ' The next charge asked for was-itfhatt even if the alleged misapplication was by means of a check which the de fendant paid to himself or some person unknown, then you cannot find the de lendant guifity on that charge, if yu find 'that the person unknown wks known, to the grand jury and could 1 have, tesifcified to that effect. Numeirbus authorities were cited showing that If the government- claims that the persons benefitted by the em bezzlement ware unknown, .then it must be proven Chat they- were un known. "We have shown on cross ex amination that (these facts were known, and the witnesses could have been brought- before the grand jury. The names of the necessary witnesses were on the back of? the indictment If the grand Jury swore that these persona were" unknown to them, then tt follows that they were unknown to us. This is i a well established principle of law. If! this tis allowed it sweeps ut every charge of embezzlement, misapplica tion aod abstraction, which 1saya he paid '.the money to some one edsei This is a broader applications than rfirst oc curred to me, but I believe It' i" the correct one. This would sweep out all but three charges, those . as to cash memorandum.' . . The next chkrge waerthat if the jury find that tJhe defendant directed- the teller t pay out money for "cash memorandum checks and he gave checks to cover it thefi the defendant did not abstract ifrs money by that check; and you will not conyiot him. j, If ther.waa any abstraction, at all, Mr. Adams, argued tfaatSt wtas.by the small : items" themselves end hot by the check,, the effect of which, waV merely to change : the form of the- debt. The question tot intent -was argued at length ; la tC&cTCkt was thei.keynote of the speakerjs argumenft. He said hs the defense had testimony witfeh would I prove conclusively c that there was no wrongful intent et the part of the de- f endant, but the "conrt ruled 'that th-ere "Winyah Hotel and Banltarlnm Co no wiwigful latent on the part of . was not admisabl Vey wouldn't u turn on the iightai , Uiey would no !et us show -you- tat in-., ear " ir- Adams said the defense had n deavored to show thai -the money drawn out had been leaned to the es of ttoe defeaidanr wards t that It a PertecUy. safe- transactton and mony had been returned day r two. Where wasjUhe - evidence to that the defendant knew he had funds to (hia credit when h. dmw ant ...1 DISTRICT ATTORNEY HOLTON. A the conclusion of Mr. Adtams' speech District Attorney Holton opened Ule ar&umeat for the govemmenft. In the beginning of his, argument he di rected bis ajttentaon.'to &ne. court and Jgrued the pmoposed instructions to the Jury from a legal standpoint. ' ; "The view we take of this case is that jt Shrtllffl Via r4oA iinimWItn. to facts. We say that when 'we" toave "vn cnat the defendant was presl, dent of the .First National bank: thart he had charge of tae funds; that he drew checks on the bank and appropri ated (the assets' of the bank when he had no funds to his' credit, and the bank lost them then we have shown, that the defendant is guilty. We want t take no advantage of the defendant. "We want this jury to take the law from your honor's lips, not xfrom our In terpretafcion. "We have shown that Breese was president of the First National Bank; that he drew out' money and applied it to his own use and beneflt; that at that time (he had no funds to his credit; he knew according the testimony, that he had no funds in the bank. The only fact that this jury should consider is, id he know that he had no money jon deposit. The fact that his account was overdrawn for six months, that he made reports to itihe bank to that effect, shows conclusively that he did know it. The whole argument of the defense Wnged on intent. We maintain) that the intent Is conclusive. Breese had. 'he knowledge of the necessary, conse quences of his own- acts. The result of 'has acts cannot be excused on. the plea of toosaitr-when the' defendant- was aware of the consequence of his acts." Mr. HoSton quoted the Harper case to show ifehat while the defendant was making desperate efforts (to refund the money, but he was not excused for the wrongful use of the money in the first place. When ithe prohibited act is knowinglv dome, then the burden j)f showing line (intent is cas on the ac cused. The innocent intent cannot exist when the defendant knowingly does a wrongful adL He cannot Violate the law and say there were other bank orTI oers who- consented to it. Mr. Holton had not completed his ar gument wfaen the noon recess was tak en. Ait the opening of court in the after noon District Attorney Holton resumed his argument. He sadd ttoaifi he had a few decisions remaining which he wish ed te quote, as to knowledge and the duty of a president of the bank. In the case of Spurr vs. United States, 87 Federal Reporter, Ithe charge was certifying checks when to the knowl edge of the defendant there were no funds back of the checks. In this case tihe court dh!arged that It was not neces sary for the defendant to actually knorrrthat',the account was actually overdrawn. If he believed that an ex amination . would disclose the fact that there were mfrfunds to meet the checks, and refused to ascertain that fact; then that did cot -excuse him. In "Brown vs. Finn the same prin ciple iSpjBneffeot as to the deposits placed h the bank, and the contention j Breese had the right to draw out his juritagy when his overdrafts were large this ligtot' dld : mot exist. f In i dechsioii quoted by Mr. Holton pM IPot a toes Early Rose, Peerless. 1 Burbank's Field and Garden ; - -"Seeds. All of the best va- ety at ' ShWefs, - V i - the Jury:wms cbargod:' "It you find tha whfeii the defendant certified I aTeheck and had information that there were funds sufficient to- meet thechecks and overdrafts the Jury will acquit -the defendant. '. The' word 'over drafta; had- been added by the court itself." s ' We contend thaifc there is scarcely anyilnr for the jury to pass upon ex cept belief. If they believe the eyidence then they must convict the "defendant. The question of Intemt cannot be consid ered. The only question Is whether th testimony is true. The province of ithe Jury fcsto find out what the facts are. Is there any controversy About any fact here? There Jb no dispute that Breese overdrew his account when he knew he had no -fan to his credit; when he knew that the funds drawn out were a total loss to the bank. The case is complete. Addressing himself to the jury, Mr. "Houton said he had no doubt the Jurors I were tired of the case, but k was near- ing Its completion. . He told them to accept thelaw as laid down by the court ahU . from no one else. Jurors have no right to complain if certain evidence is not introduced. . If such testimony ought rightful ly1 io be introduced then the court, of appeals will be a sufficient remedy for the de fense. The testimojay snows thfet a national bank was organized twelve years ago with $100,000 capital: The defendant was the principal officer from the start from Ma high character as a financier and a citizen. He has not regarded the ordinary business rules. We find that $100,000 of capital, that $60,000 put in by various depositors and $20,000 on certificates of deposit which is money palced on deposit and receipts given for it, has been totally lost. We first introduced the books to show that on January 7, 1897, he drew $351 from the bank when he knew he had no monies on deposit there with which to make that check good. From thence on to the close of the -bank (he constantly withdrew money day after day and he had rio valuable deposits to meet the wiendEawaia. ' .There was overdrawn $1,100 when the $351 were cKec Ked"u!WT'HIs counsel says he had no intent to defraud. The acts speak for themselves. The results followed whether he in tended them or not. Out of $320,000 las sets of the bank you find there is only $400 in cash! and a few notes of value left. Where did the funds go to? He used (that bank just as you would use your pocketbook. He put in pllace of this $250,000 notes that you wouldn't walk across the street to possess. And yet he says he had no criminal intent. He told Leonard iae didn't care if the note-signers were insolvent; he only wanted"" some worthless -papers that would read like they were of value. In addition to all of this Breese sent out" false reports of the bank's condition. Such reports are asked for by the oomptroilder on some particular day COonttnued on fifth page.) OPPORTUIUTY. FOR THE PEOPLE OF ASHEVILLIC mind td CO to Porto Rico. I will close out my entdr stock at 25 per) cent, lew tha coat. Clothing, gents furnilshing goods, An4 .iti tn. ioirip' tailor made uits also store pic turee . Baortjire stock must go 34 South Main street, Ashevill. wnori'S PtETODS. wwnrt' DAedfl re necuiliarly adopted to the soil amd climate of the South. Sold at Grant's pharmacy. TO CTJRH A COLD IN ONE DAT rv,fc-. Tantin Rrnrnn Ouinlae Tablet. AM 4mMrfatfa TOrfllTM Jf TTlOneV If ft ftilfl tn M-.ro s rTita. The eeonise baa L. B. Q. on each tablet." Our Oar aim is to give you better service than you . ha?e eyer had. Tfiac werj qoidjt bnis is attested by our constantly-1 increasing trade, s Or Quality fg first considered with us Price net. There is noth- i in g made too "good for oar 4 for thereby bangs the success or failure of the Physician's -t tedious -examination and carefully written Prescrip- tlAQ. "The "Paragon." . 5Opp. Poit Office: - - -; 3E :miLtiiut Kdiioer.-;' :-t UilU I !B v OF IE Yesterday's Demon stration at Havana an Imposing Spectacle. - Over Fifty Thousand Per sons in the Parade. An Outbreak Threatened, JBut Prevented by an Or der From Brooke. Gromez Addreaje the Crowd -Plea for a iieconsirucuoar-stormy met ing Held by the Assembly. Havana March 13. The demonstra tion in favor of Gomez and against th assembly this afternoon was an impos ing spectacle. Over 50,000 paraded, snouting "Dong live Gomez," "Down with the assembly. " An outbreak was threatened for a time owing to the order of the chief of police and ithe civil governor refusing to sanction the demonstration. Both offi ciate were enemies of Gomez. Despite tine order, however, thousands sur rounded !the house where Gomez was lunching, cheering wildiy. The police charged the crowd, which resisted and the -situation was becoming very grave when an order came fromBrooke al lowing the demonstration if orderly. Prior to the order the -eivii governor, Menocal, had ordered aJhe cavalry to be summoned to charge the crowd. Brooke's action occasioned a great out burst of cheering fef Brooke and Mc Kinley. "V - v Later Gomez addreiiad the multi tude, urging them to work with him for a reconstruction of the country. The assembly held another stormy meeting today. Violent speeches were made against Gomez and a letter was read from General Rodriguez, second in command to Gomez, saying he would obey the assembly. CU8AN ASSEMBLY DEPOSES QUESAD4 For Conspiring with Gomez to Accept the "Paltry Three Million! Offered by the United States, Havana, March 13. The assembly deposed Quesada, the Cuban represen tative at Washington, for conspiring with Gomez to accept the "paltry three million" offered by the United States. The speakers declared that Quesada had been bribed by McKinle. Captain Jerez and General Sanjruilly wili probably fight a duel tomorrow on account of the deposing of Gome. It is the opinion of every impartial Observer that the time has come when it ds imperative for the American gov ernment to end the abusive attitude of the assembly and the group of the ar my favoring it. If ueu action U net taken the chances are that the country . will be plunged hi a civil war.' Do You Want Some Silverware For Less ThanOit is Worth? We have selected out a lot of Silver-plated Ware, inclu ding Trays, Flat and Hollow Ware, which we are offering at io cents on the dollar. It will payyott to look these ings over as they are worth 20 per cent, more than we arejnow asking for them. Arthur fl. fic fd Lendlna Jeweler, JChurch St,' and PattonfA re. ;AshovillOf N 1 J "fl w -1 y, i "J 4 f 4 t f - sin I' vrWrrmlllllrlill4 .... ? ? " 1 - lit ' -J 4, " 1 T A: .4 ' 'iX
The Asheville Times (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 14, 1899, edition 1
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