Newspapers / The Asheville Times (Asheville, … / March 29, 1899, edition 1 / Page 5
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f It 4 J. 1 ,4 v-. a (fr : ' - spoiling;- j -(IJ)'(th - ';- SimiinniiDngro IMPERIAL MILLINERY 22S0UTH 4 vt We have the largest and most cnoice representatidil me ever had in , BOHHBTS, And also showing a most desirable and suit hats from our own work room. FINE FRENCH FLOWERS In Montures and natural effects. New Wings, Quills Aigrettes, urid Feathered Novelties. URTRIAAED RAGS In new di ess Shapes Mony ' novelties exclusive with lis. I H A LIVELY SEIISAtlOII , III DICKERSOH'S TRIAL (Coottinued from fiirst page.) Che $100 checks, from Iiekeraon & Co. to himself, wlhen the company's ac count was overdrawn $8,601. Every day nearly he drew out $100 from Dickenson & Co.'s account and placed it to his own. The point I wish to emphasize is that Dickerson & Co.'s account was overdrawn on ail these occasions." Mir. Hoi ton reviewed the checks from Dickerson; '& Co. tx Dickerson, and gave the overdraf ts on these dates. "We simply, introduce bM Sthis," ho Jjontinued.'jta show his knowledge ol the "overdrafts. Why would he do this constantly overdrawing his accounts? His attorneys proved that he deposited more money cm t3te days that he check Hd to himself than - these checks amounted, to. We iihen showed how much he cheeked out to various other people, and in nearly every instance th withdrawals were greater than the deposits. Why did he draw these checks? Because he naa to mase a xe Jport to the comptroller of the amount bf overdrafts of each of the officers. bmd he "didn't want the report to show Ithat his asccount showed an overdraft tf $10,000. He could have no other rea yn except that he wanrted his over drafts to appear against a firm , when b3 a matter of fact the overdrafts were rJs own."; 'On April 7 he placed ta the bank J G mniminminmnimmnifnmmmninimmnimmp KBabieB Strap Slippers 1 85c. sizes 1 to 5, ;Blbiell ot meir mm 63 AND LflDlEa MAIN STREET V . ROUETB HATS, TOQUES, CYCLE AND GOLF 1 HAGS Our 1899 Cycling and Golfing Hats are now ready and will as usual surprass in va riety and style any representa tion to be found. whait he tells you himself was & faflse credits He placed Chat $1,650 to' Ms credit on April 6, 1897. That reduced his overdraft to $500. Before that liis overdraft looked too large, so ihe put in this false credit. His account was still overdrawn. .He then puts in on Jthe next day another false and fictitious credit, $1,250, a draft on nis brother, which he knew his brother "would not pay. This made a credit of $2,900 which stood there till three days before the bank failed. His overdraft should have been $2,900 more therefore than it really appeared to 'he. , He expected the comptroller to call for b. report scon, ;and he did call for it, on Jttay 14. "He (bells you that ihe sent a draft to New York hut there was nothing to meet it -and he put in the bank to pay for it a check on his own account, which was worthless. You recollect Mr. Dorsett's statement that from April, 1896, .till the bank failed, Dicker (son drew out $92,000 and put in $91,055, making his overdraft $688, and his d posits were largely false credits. 'Ddckerson took an oth . that he would not violate the law or permit the law to he violated. The law says that the liabilities otf.tbe officers of a bank sfrall not exceed ten per cent, of the capital stock. $10,000 was all that any firm was allowed to draw out. It doesn't make any difference what the security 5s. But what did Dickerson do? He not only exceeded that amount but he aided the president of the bank e can fit your ba- 3 SWARTZBERG by in strap slippers at 3 prices that will suit 3 anyone's pocketbook. 3 and 90c, a pair, 3 ' x . 3 to OUTFITTER, collection ot dress MATS TRIAnED OF CHARGE A cordial invitatien is extended to all ladies. to do the same thing, and he got these credits on persons, whom he knew were Insolvent, two of whom were under age. .tie says me never tnougnt any thing about Evans being under age, He didn't care. Did he not violate his obligation when ha did that? "Breese went to him and eaiid: You must get some more paper. You must change the names. You have ov er $1,000 borrowed more than (the law allows. So Dickerson decided to go out and get some worthless notes and re place the good notes with them, io he goes to the vaults and abstracts solvent credits of the bank, and replaces them with worthless notes. He not only re placed these notes wih worthlessj nates, but he took them up in this way7 before they came due. He abstracted about $1,000 worth of good paper." Mr. Holtton conitinu'ing his argument -said that Mr. Dickerson claimed that "$3,200 was charged to him improperly, "bu. even if this were so that would not settle his overdrafts by several thou sand dollars. HethJen said that he had not examdned the books arid therefore he thought that he could not be expect ed 'to know of his overdrafts He thought he couM swear to this safely, oecause Major Breese, having been convicted, would not be allowed to ites tlfy to the contrary. .air ioiton s argument was - inter rupted at this point by the reading of the letter referred to. He concluded at 12:30. A recess was then taken until 2:30 In deference to the wishes of Senator Priitchard who wished to be able to ar gue uninterruptedly. AFTERNOON SESSION. Court opened in the afternoon at the regular hour, 3 o'clock, when Senator Pritchaxd began his argument. He re f erred . to the length of time the case had consumed and he congratulated the jury that it was nearing its end. "I havie decided to first take up the various charges against the defendant He indicted first for embezzlement in ten counts and to a like number of counts for misapplying and abstractiag the funds of the. bank." i v - - Senator Pritchard said that according to Justice Jackson's definition of embez zlement it is a specties of larceny. First, it is a breach of trust, tend is the wrong ful appropriation . of " funids f Jheld n trust for the use of, the reaJl owner. The difference between larceny - and embez zlement "was atoo pointed out. N -' 'Your honor," I believe that t the dis trict' atrtorhey. will . argue, that If the de fendamt was anational vbank director then he was izuthe lawful possession' of the funds of the bank v -There . is" not a scintilla of evidence to $ show that this ; defendant.. was -in n"1 defendant had any control ov er the ftud , 5: J . . "1lhe COUI h4 decided that a iook keejr of a Ixtnic does not have lawful possewton of the funds of the bank "and fwlH be contended that THckeiW had to r there W set'moaey wit a check? , . v jlf he did have lawful possession of thfund, why did they prove ft py Penland? ; TWe frmphasizft these points because w&pyou come t -try a citizen, H is Just as important to proceed iwith rek Mtgty as lt io kn?w-offthe itruth or fafcitty of the testfmony When, you go out to make up your verdict .see, if in .the iigbt of his honor's charges, you can convict tills man. The govern prove beyond a ment mu reasonable doubt thgA thU had iw possession of the funds of the bank. xney say that he embezzled 'money by the Powell & Sadder check and the Callais checks. We say heoever had the lawful poeeession of these funds. 'According to the definition of wilful misapplicajtion in th3s case it must be; shown that Dickerson must not only have had possession of the funds, but it must be shown that he had the pow er to control and direct, the lUnds of the bank. - "The government put up Breese and Penland as witnesses but they were carerui not to ask them if Dickerson exercised controf said power in the management of the oank. Major Breese made a full and frank answer to every question propounded to him, and how easy it would have been to shown this by him if it could have been dece. .Having failed to prove this is it not asking itob much of you to cover the gap by your imaginationi that .Is left in the evidence. , ' v- "Every defendant comes to trial with the presumtion ithat he lis innocent. When an American citizen is placed on trial the supreme court has decided that he has evidence, that he is innocent by tbp mere fact that he has not been proved guilty. You, gentlemen, wall be called upon to weigh all the evidence, therefore I want you to understand that there Js evidence in his behalf to start with, And it must remain until ;rebutted by the government. "Ton are permilbted to consider many matters that do not pertain, substantial ly to this case. These matters are sub mMlted to you in order that you may de termin his intent, for you -.must not oDly Srld that thlsdefendant did these 8L!'s,.ut that he dla them with a dl-oaesi intenit-. The government can not insist that you will be permitted to roam within the three years statute of limitations an5j"conVict the defendant, but you mustlook at Ihe evidence Jn regard to the particular act charged in each count. The prosecution must show beyond, a- reasonable dcubt -that this defendant drew out men ey at a time amd a date whon he had no funds to his credit, and he did that with Intent to defraud. "The defendant says in reply in the question of intent that many charges were made improperly to him. Mr. Ccflin' stated that th-?re were $67,000 there to notes which belonged to the defendant and I want to call your- atten tiooi to the fact that before he lft the witness stand he found that $7,000 had been wrongfully charged to Dick eruon This merely shows that the gcv eminent lis not always as accurats as ycu mignit. suppose, in reducing uie amount of these notes we have been materially assisted by the government. "If you can find any hypothesis as t3 the innocence of this defendant, you must adopt that hypothesis. We have Shown ithat of the motes that have been (Improperly charged to the defendant the amount has been reduced by $29,000 Mr. Hoiton asserted that TDickerson drew out of the bank each day on his Check $100. That would be over $36,000 a year, when taking the very best cal culaition he only had $29,000 charged to him, overdrafts and all. "I call your attention to another item of testimony. Major Breese said, '"Scu musn't increase your overdraft any apprediable extent.' The evidence a that from July 7 to July 30, this de fendant continued to make deposits in excess of his checks. We do not rely on one single . proposition as to this de fenadant's Innocence.; "It has been argued that the defend ant made a quasi admission that the notes said to be his were correct. Re ferring to his testimony, you see that he discovered in a short while that fie was mistaken, and he told Mr. Adams n3 Judge Moore so. "This defendant did - nothing more than you or I would , have done under similar circumstances - "I take it that the prosecution lis now ready to laud Major Breese to the skies, to admit that he is a blameless and trustworthy man. -They put their aeal of approval on him when they put him on the stand.' They refrained from contradictting the - defendant . by Breese when he was on the ; witness stand. Major Breese said that Mr. Coffin said that Dickerson was evasive in his replies about the notes. ,; If you believe Major Breese he has corroborated Dick , ergon's testimony. v ' , Suppose'; youor I would have to go tlirough-.what this' " man Jhad. to go ... - - -. : : " Jt -. Made fromNpurc cream cf -tartar. Alum fatoos powders are the greatest xaiQocasaoc t&e present day. the bank ail locked, up. It is In evi decce that Penlaod could go to and in vestigaite these books any time toe got ready. Dickerson had to have recourse to his legal rights, and then he J had only three weeks to investigate! the books. The government has . haid two years to. wnicn to make tne prepara tioifs that would enable them to convict the defendant.- ' I want .yjou to remember; this poor uiDtfbrtuneJte defendant. I want you to remember that! tbJLsJts a contest with an 'humble citizeini on one h'and amid 'the grelat govemmeint on the other ""Thie strange Ithing abbut the govern niehft'a argumierat is that thiey say in one breath thlalt these notes were insolvent and in .thfei other that they were salvem't We wanlted to show that Dickenson & Oo. Viere solvent but the)- prbstecutfion fell back on technicalities anki had the .testimoiny excludei. Aioiotohet martrtteir you ought to Jconsid er. is Dacketrisoia'9 good fcharacteri. Men of gtolod -Standing and! character in the cornmunlJty have testified as to has good cnaraoter. iflvery ooiaain ne nad was dWoped in the Wamk. ! Wave tricdt 'tx lay .dowol honestly toid c'omsoleimtious'ly the grounds on which we refly fbtr the acqulilbtial of thfis defendant. Senditlor Prftchta!rd concluded at 4:25. AssletantI DSstrttc Alttiorney Black burn began his argument if or the prose cutioii. Truth' rushed tto earrfthi will rise agiaani;" he sfeilid. The combined wisdom or saxity ceoitursea nas enuncBaiteo no truth mbre profound th&n the words of the grefeut law giver, 'Be sure your siins will find ypu out "We have been ifolloiwtog tin the foot steps of a slhrewd accountant' for more thkrai a week.- SemaJtor PnLtchJartd says consMer the) governmient . confronting a poor, humble citizen, but the reason thia ;ta veMigaitibn r ds brought Is the principle that the' "rights of ' an tadivttdu al must be mtaihTaanedi.' The government does not seek to deprive thfis defendant of one right, bu t to 'mbrin'telLn them allj "I do jmot wish to abuse" .Jthev. defend amt. That 3s not our privfiHege or our du ty, but rwe are tb see 'that these bank .of fleers do not gb? wfong (an'd if ey do go wrong, thy must pay the penalty. . . - 'In 1892 and 1893 there "were, tTtouble some ..days. Here was a director in this bank. The. bank bursts amid we findJhim "With $60,000 of the bank's credits. After the bank failed Mr. Ooffln; sent for Dickerson and 'asked him ffif it were true that he gotten $60,000 worth of those notes. He saiid, yes7he diki. I am going tb show you that this defendant is not substantiated by a single witness. Are you going to take his statement on the stand or when he dllid not Wave time to post himself ? "He has proven a good character. It tts in ev'idence he was a deacon in the church thlafc 'isi no refle!:;tibn' on the church, but merely itis misfortune. I have this to say : I would believe Breese before I would believe thlJs man Breese had! the irJanhood tb slit here and be tried by the goverrnenit amid he Would not go on the staimdi when he knew he would have to perjure himself if he did. "Then thlis bby of whom he ws guardi'am'. He got him tb put his name to $10,000 of motes. "It takes a miaroi of chanactert to ido miiscM'ef you wouldn't trust a Vagabond with your money. "He took momey out of the bank to buy a tombstone amd when' the1 bank ffedled he didn't have enough In! it to pay for a tombstone . "All men have a capacity for some thiirig in parbicular. This man haid the greatest dapaclitiy ificit ibeing secretary a;Dd treasurer I ever heiard of. If he got to heavem, and I siay (it with all rev erence, I believe he would !be Bee re'tary and treasurer insiide of three days. He was seweitary and treasurer of everything he ever got into. "As 'tb the Baptiist church niortes, Dick erson slays he told Brevtard that the note had been paid and he wanted the renewal for the bank. Mr.. Brevard swore to exactly the contr'ary. That's one place where he was laantradicted. Then he says his books were mot correct ly kept and he never exiamtoed1 the books. All these transactions went on Safeguards the f aglnst-alum from year to year, always bisking for J Oough Cure, ministers were greatly dis an InvestigatioTHand never getting it. turflbed by coughing congregations. N "The first time he got Evainls' signa excuse for it now. Paragon Pharmacy. WHITLOCK' 4LU IPatitiiMfi Aviftmrae. 1 SPECIAL SALE FOR .TEN DA YS- We Have Just Received Our Spring stock of Clothing, 'Shirts and Neckwear, which will attract the attention ot alt in need of a Spring or Sum mer outfit. For Ten Dollars We offer the choice of onr $10. 00 Clay Serge Double Breasted, Sack Suits worth 15.00. For Twelve Dollars We ofier any Fancy Worst ed Suit in stock in choice styles u Special low prices are marked on! alT goods for Jaster Weds. Compare our prices and stock: before you buy. ; : Tie WMtlock Hire he said he did it but after he. did it 12or must have thought of it. -thoughtlessly, 15 times fi When h Brevard note became ttue, he sat- tiowa jand wrote to Brevard. 1 suppose he said 'Detar Brother BTevmrd, our notes will be due soon:. Sagn..sorhe mbre amdsend them. YoUrs tn Chrtst ' Thsy got money out of the bank in a sorts of ways They jgc it out! by dummy checks. That wasnt - just nouglT for them so they . lesortea. to kites nU kftedft out. Hea Ss the stuff they put In as' asuamntea. He put- in a written guarantee Guarantee 8a a big word, but what dbea it mean? Ia this USe tt sruanwteed'a TfifA nfl Tj-rA Ship. and suffering' iw those who put xnear money 5n the bank and lost tt. S' iOCiterSOn was M TVr T1r! Hn, ay in churi h, and Mr. Hyde on week aays Wfth his hands fin the vayts of the Dank. "-.- ' -y . - He never meant anir ibarm. TT was merely trying to keep the bank room bursting. Do you believe that gentlenwsk? Mr. Mumhv wnntp n oV then (t 5:$5). He satid it omlv iacki 25 minutes till the time of adiurament and he could hiardly do himself and his client, justice if has speech should be broken into. Judge Punnell remarked jocularly: suggest that you had better not let the Impression of M. Blackburn's speech remain on the Jury as it te." Mr. Adams wished tb take exceptions to this remark, but Judge Punnell e plained to the jury thalt-the remark was uttered jokingly and was not to be con eider ed seriously. Mr. Murphy agreed to speak" unttai" 6 o'clock. Mr. Murphy, after some prelimentary remarks, said he thanked Mr. Black bum for Ms abuse. Judge Bynum he said would be too shrewd "to shout his accusations a.t him who sifts by MS wife who loves him more than life." "I say to Mr. Blaiakbum, FaheT for give him for he knew not what he was deftng. "Do you, whose fiathers fought for liberty -enjoy seeing a mart shackled amd abused in this way? VdMflcation and the hurling of epithets do not de cftde cases. He ridiculing Mr. Dicker son as the treasurer- of 'the Masonic lodge and of the Baptist church. I thank God for that church. No church has had! a more wholesome Influence in North Carolina. They argue that be cause he was secretary and treasurer of a lodge he was a tMef . You are men whb canno be deceived by billings and gate. Mr. Murphy rested 'nils' argument alt 6. THAT QUEER DETTER. Judge Bynum saiid to the Gazette re porter after court adjourned! that) he couPd be quoted as sayilnig tha thetvbgk could be quoted as saying thtat the gov ernmerit was in poissessibn of every fact In contnei.tahn wiith the letter, and that the letter was not genuine. He declared thait the offense w!as ta most serious one 'and thajt the guilty would: toentlalmly be brought to justice. The epCbode was tlhe chief tbpic of Convetrsfa'ttiAn oo the eWeets and . In the hotel ibMes last naght. Mar .shal Maliken soon aif.ter the letter was presented to the court removed Logan: from his poslittom as an offioer in charge of thie jury, and Mer" jit ' was reported 'thlat Dogam hiad! difsappeaired . It is stated' that IJudgeJ Bynum soon; as he had taken ttlhe letiter into his b)an!te:recioign!ized the htandwritHinK. His eyes expressed liindigniatiion 'though his voice was quliet when' he rnJalde his tate meat tb, the court that the letter was a (fraud. It was 'si clumsy forgery, as the name signed to. it had ridfi thy same initials as that of Juror Glantoe iaind the niame iilself was "CTamce," Uogams effort, tfio demy its authorship ain'd 'to mallmtiain. his assertion "thlat he had rdMved it: frtam sbme man in the Ihdtel, whom he did not know to be a juror, was not a very successful one. BIG COMPRESS COMPANY. Trenton, N. J., March 28. The Indo Egyptian Compress company filed arti e'es of incorporation here today. The company will manufacture, operate and sell machinery for compressing cot ton and other fibrous materials. The. capital stock is $15,000,000. THE STOCK MARKET. New York, March 28. The market was irregular today. The rinsl-nt prices were: American Tobacco, 225; Continental Tobacco, 66; LouisvJiHe and Nashvile, 65 7 8; New York Central, 139 14; Southern railway, 13; Southern Tail way preferred, 52'18; TJmion Pacific, : 4S 14. As the season of the year when pneu monia, la grippe, sore throat, coughs, eolds, catarrh, bronchitis and lung trou bles are to be guarded against,' nothing is a "fine subeiatute," "will answer the purpose," or is "just as good" as One Minute Cough Cure. That is the one In fallible remedy ifor all lung, throat or bronchial troubles. Insist vigorously up on having it if "something else" ds offer ed you. Paragon Pharmacy. I Before the discovery of One Mlnuta GlotMng House. s f t .."4 - t t ' ! 1 f 2 - 1' 4 3 r 4 1 I 1 4 i i' I ' t 'ft' 1 I in such possession. , Wo through, with the books and papewat,. . . .- 1 . - - -. . ' . , , . - -.-
The Asheville Times (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 29, 1899, edition 1
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