Newspapers / The Asheville Times (Asheville, … / March 30, 1899, edition 1 / Page 5
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I r f If . - . t- : 1 i . THg, ASHEVILLE .GAZETTj sMAftCH ' g0 F ' OSflfi , f CELEBRATED K'Kt: L - PofrWood - means "'- i.-T. I Pr food means . vwr dijfease Blood . Hostetter's b ttpsr . ' enrich the brood ..." H. U lilr health result. tk that lillEIITS FINISHED. (Cmeiiiued fcttm bit fcge.) Ywa, gentlemen, are men of rt m 001 be feo&d by these ac nations. ; - v "I, lay down the proposition that if Lbelieye the testim?ny'. .of jtfce.defe&ft rn-tnis case, he as not guilty. There j on-ly one question for you to.deeidJ p id "that is, What was his Intent? ' We iy tbaVhe.jhad a right ta borrow morn r from the bank."' Mr. Adams spoke for thirty . minutes. uu ine-regular nour of 'adjournment. "AFTERNOON SESSION. When court opened at 3 o'clock Mr. .dams continued his argument. The i most important question., he said, as, Did Breese promise to secure the otes which Dicereon obtained. Evi eace to the contrary, had not been V iwn bthe government. The answer ' A sucb.Auestion could In no way nd yet It was not asked. iDlckerwon epolutely refused to jg-et theee notes cliess Breese would put up security for Then ithe government says that Dick a miserable thief, puts' these in rent notes in the bank and draws money on ithem. ;There ;was not a word of truth in ibat. The presidemt felt alarmed, bux 'didn't demand Dickerson ito perjure iself but simply, asked that he nange the names on the' motes. Why, couldn't pay during those hard It is part, of the history of the ltry that Vaaiderbilt couldn't con hfis work because he. was behind is payments uuring' tne panic ras there amy harm in Dickerson try fcer to withhold the amount of. hia iebta? -What man on the jury would ot do fthe same thing under the same i ircumstance. notes and put in worthless ones. leny that he put in worthless credits. tckersan did not take out a dollar. He rply took up his own" notes" withoth indorsed by MmseTifi.; The last is were just as good as the others, scause they were endorsed by 'Dicker mi & Co., and could have been realized pim just as quickly. 'Dickerson says there was no agree i vent,, no conspiracy. Jhce against it was sts That much evi Jiat none alt all to support it The government had wannesses, Mr. enland, vjtoo said he would tell every king agadnst himself and his associates rid; if there was any conspiracy why id they not prove it by ham? fDickerson' must not be adjudged ty if there is a reasonbale doubt as s innocence. A reasonable doubt iSts as to tne n. oc u. wutruuvuo. 1$ could have sent money in various jjpvays to Richmomd, but if he deposited the money in Ithe bank and sent a check costing two cents. That was the safest and cheapest way to transmit money. We could have shown that e collected the money from the stock ttcldexs here. "If the improper charges had not been made to nim, and if tne proper redits had heenr made to him, he would never "have been overdrawn fr ai 1 o Julv 30. 1897. If j um .J r " J . - W - XI .Oil (OU Will TememDer jar. uiu u,cu ut the charges for notes and discounts :hich were improperly charged. Mr.' Penland says Dickerson helped iivide .those notes . major isrewc Contradicts that: Isn't Dickerson as i-orthyi of belief a much as Penland? i Idon't. charge .Penland ?wtth befall PfurerAbut heWiniatakeh once" why wuldit he-be-. xnJstakeagain? I call your attention to the'demelnor of tne two mptt An ih: w . a, iz ever I aw truth flash from a man's eyes it was from Dlckerson's. 'How. about Penland's eyes His ey;were at an angle of 45 deer from the' jury md from V - ' Don't misunderstr- ' lawyers. v.. -ad"me. I think 4hat P:5 J"9. ft? I Penlanid is so overwhelmed with grief dreamed over these matters so ,'' -ualiy believes these he a... . . tatemenSs. :"They ay Penland and Bree con tradlcted Dickerson, because they cay he had examined the books. Dickerson didn't say that be didn't examine the books, he said the never examined th 'J. E. Dickerson special' account. Mr. Coffin couldn't find the account on the witness stand and Dorsett couldn't find it, so is it amy wonder that Dickerson couldh't find at? Isn't it a remarkable circumstance that after three years Breese and Penland can remember that Dickerson examined theee books. There must have been something" re markable about the examination toT make them remember this all this time. Wasn't it that they didn't want him to examine that J. E. D. special' ac ceunt? Mr. Adams concluded at 4:15. . Judge Bynum delivered the final ar gument. He said that in proceeding to close the argument for the government he desired to express his sincere appreci ation to his honor for his fairness and consideration and to the gentlemen on the other side for their consideration. At times the contest had been warm and spiried. After all he hoped that all would carry away pteaeant memor ies.. Judge Bynum, said that before, beginning his argument he wished to spfrak of Mr. Penland. The defense had indirectly called him a coward, a traitor and said he had been guilty ef lying. . N ' They almost said he had come to here and testified under promise of dm munltyr They did this while disclaim ing any intention to reflect on him. Here Judge Bynum read from Pen land's testimony to refute the reflec tions cast upon him. "People who live in glass houses should not throw stones." When these men undertake ta traduce Penland because he made this statement the fact is that if anyone is to blame for this let it be counsel for the defendant with the exception of Sen ator Pritchard, for it was on the strength of their assertion that Penland ma de hia statement. f. "I have no criticism of the defendant except as-the facta sh6w,Tbut it seems to me that when the court" decides up on the admissibility of testimony, that ought to satisfy them. Whem his hon or excluded testimony they insinuate that the government and "even the able and upright judge has refused ito let the light be turned on. That is new practice to me. Always when the presiding judge says to me certain evidence must be excluded I have been accustomd to yield submissively and say no more about it. I think these matters of' vital importance." In order to prove abstraction Judge Bynum said several facts must be st-own. It must be shown that the de fendant was a director of the bank, that the bank was1 organized, and that the defendant wilthdrew .money, from "the bank and used it for his own ben efit. All these propositions had been es itablished and there was no controversy about them - In 'the oragnizatiom of a bank .the stockholders select the board, the board selects the president and and cashieT. The directors were in su preme control) of tne bank. Judge Bynum further explained the organization and administration of a b&nk. "The directors are the trusted agents of the bank. Let us see how Dickerson carried out his trust. The government passed a law that these directors must render a strict accountability efi the funds in their chargpe. "I trust In discusshrg this case that ..han.not let fall 4ne uaf sir remark ATony tfrWhere. iV ' but this defendant. L - "' - 1 tZ?-111 fSabies9 Strap Slippers 1 Ska , i r '"? - , ' -Tr to -cB We can fit your ba- 3 by in strap slippers at 3 prices that will suit 3 anyone's pocketbook. 3 85c. and 90c, a pair, 3 ;5qc sizes 1 , Babies' button shoes just the ghape 3 of their feet. r 0 39 PATTON AVE. ' 1 - - - . , - - . ' . . ' - I wut . this, defendant "The quwtdon la, Did Dickerson , any d3r he drew these checks have any ruT-neyjo his credit in the bank? Let us grant tQthi defendant every con tention he has! md and see If he had ly money to the eredlt of J; E. Dicker son in the bank. Remember that a false credit tis no credit at all. If he puts in credits ithat are false cred' then there is fraudj Juage ByfivLin quoted Justice Jac w to shorwxhit credits must represeirl PtUai cash or its equivalent (No sys tem' Of .VUidity ;can giv?. vaUdilylto a fraud. 4 ( ". "There is a principle. Now let us apply the facts. ''At a time when, as he admits, that the account di! Dickerson & Co., of which he was sole representative, was overdrawn thousands of dollars, he took out $22,850 and puts it into his pri vate individual acount.. Not a centp ef the money waa his. Here are the checks, his condemnation and death warrant in this case. ' Don't it strike you at a- glance that this man ought to hav been satisfied when he got about $8,000 by overdrafts. When he says the bank got his $1,100 you deduct that rom the $22,000 of false credits and you have $21,000 got ton by fraud. Tou can. take this case in any possible aspect and you will convict this defendant. In June, 1897, he put in his own note for $6,000, $3,500 of which he put t his own credit and $2,500 to the credit of Dickerson & Co, not a dollar of which has ever been paid. That was a false credit. Even with these credits his account was overdrawn on every aay unese checks were drawn. Dickerson & Co.'s account was his account. It was over drawr nearly' always thousands of dollars. It was his account. Consoli date that. with his other and you see he overdraft is continuous. On 157 days he drew checks from Dickerson & Co. to Dickerson, and on mot one of those days did he have a dollar to his credit. In that time he only made thir teen cash deposits. That was the way this trusted agent of the bank discharg ed his duties. It is undenied that he got this $22,000 and he admits that he got about $18,000 of notes. That makes about $40,000 that he admits he got out of the bank without giving one cent in return. T!rat was not his money. It was the money of others who put it in his trust. If he takes one dollar out wnen he knows he has none to his credit, then he has violated the law. What is the use of having direetOTS-if they are not to be held to a strict accountability fur the bank's funds. " Dickerson naa an overdraft of about $40,000 ail this time. When the bank was aoout to oe engulfed no wonder he "hunted up this old worthless sitock and put it in the bank. He got stock in a land company which owned land down in the eastern section of North Carolina which was good for nothing except to breed malaT ia," Dickerson tried to prove that he was solvent. "I supose every bank man means to .. - j return the money Due ne loses ana takes mfore and more, land finaly loses all. But it makes no difreren.ee it ne wias able to pay It does not change- the criminal act. "Has he ever renounced the presump tfon that he knew of the condition of his account. We uoh't rd on a pffsump tion, though. We showed by h'reose end "Penland that he actually insDected' Ms account at lcia'at once a month. Mr Jones testified that he had been eeen frequently to examine ais stub and pass books, which .showed that his avount was-overdrawn just as the bank's bcoks rihiowed it. The Dass books and c-'tecks were siemed for by him in his mvn band for the month of June. This shows that hp not omlv had this tremendous over draft of $10,000 but ne knew it. "Did he do this with intent to injure and defraud? The defense argue that it was necessary to show that he had bald debt. This IS ntft so. Wrongful acts knbwimi2rl'v ' commiltted. catenot be ex cused on the ground of innocent intent But the government has shown thiat he had a "corrupt intent, altough it "Was not nei esaary to show it. We have positive evidence to show his intent. Ftost, by the big overdrafts. This money was purloined 2ay after day until the bank closed. When there was 'only $480 to the hiUk. These continuous1 overdrafts shbw that Mb purpose was t'o Injure the bank. "I do not pTopbse to higgle or haggle over the amount tha he got out of the notes Whether he ,tbok $60,000 or $20, 000 or $18,000, It makes no difference. When we said he got $60,000 he says ne only got $18,000 land the Carolina Wood Working Co. $11,000. He was. just as guilty if he took $1 or If he took $60,000. He admits he got $18,000, not a dollar of which i be ever paid. He' -is convicted out of his own mouflh. "Did you ever see such a stack of notes? Was there any evidence thlat one dollar was ever paid?" . These honest men, the upright, Chris ttan'mem, these' men' of &obd character, take every dollar, they .absolutely plunder the bank. Not a dottlar was ever paid, on these" notes. Yet! tJhl . man comes into the ctourt of justice andl ask you .to say that this man wmlo has par tidipated In- this crime' shall be turned loose. "He admits, and I shall dteauss ils case entirely on hl BdmSSsTonUie admits that he got those notes fan Breese. , Ttuey say it Is the custom Ho use accom odaUon ufaftes, but in answer to my ques tion he saad that it was the custom to get only gooa accotmooaoon .notes. got; these ? notes ama tstood ty Breese took thousands ana but of the hank. , . you are just fas gualty- as I, ' If Dicker 1 "If I gb as a burglar to- robf a' bank and you go and hold a dark ' lantern, son got these motes .for Breesef - he Was just as guilty as Breese . He . not .' only helped Breese, but he got motes for him; self. He admits that. ie rata iivsfAi . Ms JlnsolvebtT ward, And gets him to sign, isbme nbtes.4 I ' TlnJ- ' tlA thja w,l: . i -sz:r wno would rt-Af.r,- ff uL5rtt chance?" "jHfi -f Bynum's speechv Judge Pu'rneai a recess would h ",-nmaa charge the jury; WARSHIPS OPEN FIRE ' and T'Ls jTtTl " .rti or Apia, and landing parties, have captured many beats,' u Ainertfl&- l against the Verman, i3 mf An Englishman and a German hav. been arrested a8 spies. ? , Another British, cruiser is here. Baking Povvder on her way NO OFFICIAL ADVICE! Washington, March 29-Up to a late hour tomgn no offlciul adv4ceiI nad I been received regarjing tne conflict Samoa. The only explanation of the outbreak is that the pnir Tenraecn tatives agreed that the peace of Samoa was menaced by the; maintenance of a lage body of armed natives around Apia. The right of the consuls to as sump such powers ia aDoareiutlv unaues tioned. The authorities ar AtiTlr nv er the reports and real'ze that with Ger ipany favorable to Mataafa, a conflict with his followers may. cause friction which may develop into something seri ous. BIG GUN EXPLODES AT SANDY HOOK And Kills One Man and SevArW Wounds Two Others. New Tork, March 29 A ten inch rifle burst at Sandy Hook proving grounds this afternoon, killing one man and severely wounding two Others. me gun naa been fired three times successfully. The fourth time, howev er, under a neavy charge, the breech burst, and the breech block flew back with such force as to penetrate the sand butt within which the men who were engaged m work, had taken ref uge. Recording Clerk Murphy was kill ed. The block continued many yards further in its flight, finally landing in the machine shop, where it did some damage. - ' cream of tartar. Saftiarcis the food against alum Ahfflitaldng powders ate the greatest nnacer to health erf the present day. II MISSISSIPPI STEAMER SINKS And all on Board Except the Captain and Mate Drowned-Sixty v Lives Lost. Cairo, March 29. The steamer Row ena Lee sank im midstream at Tyler, Mo., this afternoon. She had just backed out from the landing and was headed down the Mississippi when, as if by an explosion, she' seemed to be raised slightly in the middle; and broke in two, both ends plunging downward and disappearing instantly. All on board perished except the captain and one man. Near as can be learned there were sixty people on board. The Lee lefTbere at 6:30 last night for Mem phis, where she was owned and where r.(ss of the accident. The 'boat was loaded with railroad iron and went down like a shot. It was so quickly wrecked that life saving measures were out of the question. The river men are mystified by the sudden nss of the accident. The captain and the mate were the only ones saved. She had fifteen or so cabin passengers, who, with the crew, will swell the total of the lost to sixty. CONSTITUTIONAL CONVENTION Favored by the Democracy vf Alabama WWch Elinx inates the Negro From Politics. Montgomery, Ala., March 29. The. Alabama democracy, th.ough its repre s-ntatives in the state convention today adopted a resolution - committing the party to a constitutional coaven ticn, the prime object cf which was de clared to be to eliminace the negro from politics in this state. The method suggested was to enact a property and educational quaMflca tion for suffrage. The election of delegates to the state convention will be held in July and then the voters will be given an opportunity to choose as to whether they desire the convention to be held or to continue under the old constitu tion. As the season of the year when pneu monia, la grippe, sore throat, coughs, oolda, catarrh, bronchitis and lung trou bles are to be guarded against, nothing "is a" fine substitute," "will answer the purpose," or is "Just as good" as One Minute Cough Cure. That is the one in fallible remedy for all lung, throat or bronchial troubles. Insist vigorously up on having it if "something else" is offer ed you. Paragon Pharmacy SUMNER APPOINTED TO SUCCEED MILLER As, Brigadiei9f.the Regulars Vacan- ey Will be li'led by Anderson. Washington, , March , 29.-T-President McKiniey today appointed Colonel "E. V. SUmrier ' 'brigadier general of the regulars to succeed Miller. Sumner was immediately placed on the retired list on his own application, and the president will appoint Anderson to fill the vacancy. The statement was given authority this evening that General McArthur v.-ill be appointed the next vacancy in that grade. THE STOCK MARKET. New York, March 29. American To bacco closed - 222 7 8; Sugar, 165 1 2 ; New Tork Central, 142, Southern pre f erred, 51 3 8. , BUCKLEN'S ARNICA SALVE The best stive in the world for cuts, bruises, sores, ulcers, salt rheum, fever sores, tetter, chapped hands, chilblains, corns, and all skin eruptions, and pos itively cures piles, or no pay required. It is cruaranteed ito e4ve perfect satis faction or niooev refunded. Price 25 cents per box. Far sale by T. C. Smith, W. C Carmchaea and PeJham's pharmacy VERY-DAY , HEROISM! Straggling through life, cursed with ca tarrh, is a common experience. How ever heroic the fight catarrh gen erally wans. Under some name or other it gets the best of us. Frank E. Ingalls, Waco, Tex. , and thou sands of others have been permanently cured of catarrh by Dr. Hart man's successful remedy Pe-ru-na. Here is Mr. Ingalls' letter: Dr. S. B. Hartman. -Qolumbus, 0V Deab Sek " Pe-ru-na and Man-a-lin have cured me of one of the worst cases of catarrh any one ever had. My case was so severe that I was compelled to discontinue my business, that of con ductor on a railroad; but I am now entirely W01L Ordinary treatment of catarrh is for local relief. Cures are not expected. Dr. Hartman's method eradicates ca tarrh absolutely. Get his latest book and learn how tocombat this insidious disease. The Pe-ru-na Medicine Co., Columbus, O., will mail Dr, Hartman's books free on application. j H. A. ScotVBur Ten?., writes: "I feel very thankful to my Maker tmd your great medicine that I am cured. I would not be without Pe-ru-na in he house." ; pe-ru-na has been curing catarrh for forty years. It plucks out th roots and nt catarrh and builds neonla un All untutfered ,s,ca rait it , - . . . - . He while thousands 1 1 iii nil II rp- -sy SI I A FIRST NORTH CAROLINA IN CAMP AT SAVANNAH The Work Prepartory to Mustering Out Will Begin at Once. Savannahs , -March 29. The First North 'Carolina regiment is now comfort ably fixed in camp here,, after a three months' absence in Cuba. The troops arrived off port Sunday and were put through quarantine yester day. After spending several hours -in Port Pulaski they were brought to the ctty. The work preparatory to mustering out will begin at once. It' is thought April 20 will see the command out of service. vy a natedxVB tent, expe America's Greatest Medicine is Hood's Sarsaparilla, because it was origi nated. a m and .... j 6tm pre ompe- rienced and educate d Pharmacia t 8 from the besx known alterative, diuretic, anti-bilious remedies and by JLXacom- tion and stomach tonics, bin ation, propor process un known other reme dies ana Xo Hood's Sar- rit peculiar to itself. Ithasa record of cures in the history of has giving saparilla ed unequally medi :ine. It ac ycomplished many MISS HIND'S RECITAL. Miss Ida K. Hinds gave another of her splendid recitals in the y! M. C. A. hall last night under ;he auspices of the Ladies' Auxiliary. .There was a large audience to greet her and vociferous applause followed the rendition of every number on the program. The following selections were given last night: A True Story. Katherine's Visit to New Tork. Piano solo Mfs. Iresser The Chariot Race, from "Ben Hur" Vocal solo...; Miss Daisy Sawyer The Legend Beautiful, from Longfellow Violin solo Mrs. Dresser An Elocutionist's Dream. Mies Hinds closed the entertainment with statuary poses. marxvei- ous X euro when all other medicines failed, and even when cureX seemed impos sible, andreally was impossi ble by any other medicine than Hood's 7. Sarsaparilla. It IA has effected wonderful cures of ecriofuia, salt. blood poisoning, boils pimples, rheumatism, ca tarrh and other troubles originat- ing in or promovxea Dy impure sue or low condition oi the has cured cases ol ri I i blood It thousandsof dyspepr sia, dige stion, XT' nervous dyspepsia, gastritis, catarrh in the v stomach and other kindred troubles. It has given . -i i ti i nerve, Drain ana meniai reugbu . m. cases of nervous prostration and ner vous debility, cured that tired feeling; and loss of appetite. - Dr. Edwin Fischer 5o Patton Ave.. ABheville- W H S ITLOCK' 4StTL IPaltoiii Awiine, SPECIAL SALE FOR TEN DAYS. We Have Just; Received OurSpriDo; stock of Clothing, Shirts and Neckwear, which will attract the attention ofr all in need of a Spring or Sum mer outfit. For Ten Dollars We offer the choice of our $1000 Clay Serge Double Breasted Hnilr Knits wnrfri if 15 Oft For Twelve Dollars We oflerp&ny Fancy Wprffted Suit fii stock in choice styles Special low; prices re marked on all goods for Easter Week. Lonipare our prices ana stock Deiqre y otfTuy.j : t ' Tie Wflitloqfc Cldpiig House. ,. 41 JPoHton Ate ' WU1 any. m!aa in the Bght of the1 ' testl 't y -'-V : y
The Asheville Times (Asheville, N.C.)
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March 30, 1899, edition 1
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