North Carolina Newspapers

p Wewnt you to know v Jih that we sell-" F. M. UNDSAY; ; COlfTRACTOB ,WOU ' Plttmbi&c. SUam, Oas, Hl A Ri 1 ' Water Heating, and Tla Bentt . Iron Work of all kind. Jettiaf H K promptly attended-. v J. Q. Lindsay will atUndtoUirerk Ernest Israel, foreman ef Fmbiiqi s-. Department . Work guaranteed to giTe laiiifMilom HolfBlds. AsheilUe, n.C. - As cheap as they apo k sold any where. WE CAN C0NVIC5 The Largest Circulation of Any Paper in the Ninth Congressional District. You of this if you i will let us. V W want to kDow ypu V .! . VOL. 6. ASHEVILLE, N. O. MARCH 31,1899. NO. 14; I : i i . Come in and see us. Paragon Pharmacy Co., Opp; Post Office. 8. 8, Davis, Mgr. NicUtX31erk p Stairs. What Shall The J. E. Dickerson Testi fies in His Own Behalf. Harvest Be? That depends on several things, one of which is good seeds. Kentucky Grass Seeds. Theest is none too good.". Recleaned clover, free from "Plantin" Timothy orchard and Blue Grass. Do you want a Good Gaijden P A large stock of Pack age Seeds at whole sale or retail. Northern seed Potatoes A; D. COOPER, 32 S. Main St. THE DICKERSON TRIAL CONTINUES JUDGE WILLIAM R. DAY OCCUPIES THE THE BENCH WITH JUDGE PURNELL kef Judge j Charles A. Moore Withdraws From Further Particpation in. the Cases - . -The Proceedings. When United States court opened on Thursday at 10:25 J. D. iJrevard was called. Be testified that he sign ed notes for J E. Dickerson, first in '92 or '93,, for a considerable amount, 10 or 20 thousand dollars. He signed them with Dr. Purefoy and Mr;; Dfckerson, trustees of the First Baptist ' church. The notes were reduced from time ' to time. In '94 he wanted to be released. At one time he sighed a blank note and af terwards, in the spring before the bank failed.1 signed a number of blank notes. Signed the original note for the church. Nothing was said of signing notes for Dickerson & Co. Five notes were handed the witness. Which he identified as those he signed. After the bank . failed he got notice that there were three notes in the bank; thought they were church notes, and did not find out that they were Dickerson & Co. notes- Until he went to the bank in response to the notice. Wrote to Dickerson once or twice about the notes, but got no response. Did not know that any of his notes were dis counted and placed to the credit of "J. E. Dickerson special." "Dr. Purefoy was solvent, was he not?" ; " ' j ' "Yes." 'r - ' "Afterwards his nanW!and Dicker son's were dropped and the notes with your name put In the bank?" "Yes." "Before the bank failed did you re ceive notice of the maturity of any note of yours there?" , "No." "Did you ever see this before?" (pa per handed witness). "No." . "What was the general character of J. EE Dickerson up to the time the bank failed?" "It was excellent good," . "The March 7. 1896, note what did you sign that?" s ' ' "At Blacksberg, S. C I think. Two or three blank notes were sent me by mail." , " "How many letters did Dickerson write about these notes?" "About three." - T'Didhe always write when you sisn- ed these notes?" ' "He 'either wrote or saw me person ally." . . "Are you certain you never signed a note in the bank?" "Yes." "Don't you remember that Breese called you Into the bank and that he and Diekerson and. you fixed UP one of tVtaca rtntPS?" 'I don't ever rememoer sucu u currence. ' ",,-:' m. a. H. Brown was recaueu. c fled that some of the Brevara noies were filled out m r nanu ""-" " ' " ing, some In Breese's and some la Dickerson's. ACCOMMODATION PAPER, G B Goodlet testified that he lives in Greenville, S. C. In 1895 he lived in Asheviile. "Worked -for Dickerson as sewing machine agent- Signed fllled out and blank notes - for Dickerson. Was insolvent, and supposed Dicker son knew the fact. Witness. Was earn-in- from $7 to $10 a week. Identified tne notes handed him as those he sign- 30 - fjlam GOOD WILMS! i We want every man, woman and child to know our way of doing busi ben, and it In plain and simple, buy for cash, sell for cash, buy low, 11 low,1uy cheap and sell a-heap, keep i" little nickle on a double quick jump all the time. ' . We employ no book keepers, have unearthly use for one. This alone saves our customer about $600. - j We, hire no trifling dudes. All work and love to show our customers U the courtesies they can enjoy. - ... ..w,. say when he donw to the Racket Store and feell agk'ed you to sign the notes?" . i . .. .1 noir m to sign a note, i.irftlv at home, and if you don t s . T commodate nim and , . It WU.O w . An. ..a a. irre&tUu -i-ht. After the first one w want to buy, you can Lnr'hv ovomininsr our way of we are new goods injfbusiuees. Now this is our Do 54ike It?- If you do, Turs trulv. t : 1 We are adding nany almost daily: The next is a big line of Hill & Greens Sample . Shoes for 'children, 25eupto 1.75. For the same goods no one'- can iell for less money. We hav just put in 7,200 yards of Sea Island Sheeting and the same Foxhall A. A. A. Sheeting. These .re' the' best grades7 made of their kind, both at icts. by the bolt, 5cts to cut Ajij one can do this for you If they will. ' '" TOO pairs Pmple Pants, try to suit yiu. . Yours, JOHN ST0NEr tti V.,,,' martp. no explanation as GO- yr , the notes." ' V rr tnt wav .Mr Etorsett tesiineu mo-i Wy Mr. r5 ' handwrldnK was nueu uvu- " . I notes of Breese. .. . v, ka in WB Troy tesunea J . . m -l,r liver! in Henderson county. "r' "for Ashevlile, He sjgneu DtckXn. be thought four or five. Did you owe v"" .anything? "Yes; 51500 or xow. -"Did you ever pay It?" "Did you give a note for it?" "No." "Were these notes put on your account?" Capt. Troy identified the notes hand- in as credit . f ho nisrned. ed mm - -T T rnoic anything -Did you owe J. I t-ooK any iu "NO. We will i-Sw did you come to give him your "I didn't give him my note. , "Did you give Dickerson your .note? f gave him some blank notes signed &ri insolvent when you, sign, d those notes?" , Wj: Calais was called: Hejrigned oteg for Mr. Dickerson. Was in lowent Did not remember how many notes he signed. Witness identmed notes handed him as those he gned Never heard of th0st nw t w had signed them- P'd Rt know i. stlton till after bank failed. He never 0dnubTofnyheha botes were idntmed by Mr. Dorsett as being in Dickerson's handwriting . Cross-examination: "Do youinow . S. Holler?" ' .,V', HMn't mean anything wrong when you signed these notes?" "Oh no. - PRACTICE TO GIVE AND TAKE. ..r ,t' nnt a nractice of business men circumstances oi It beneficial?" wfmrect- "You don't mean to say that It is the custom orwgt character to take the notes of such persons a.n.-.oir .whanred "No. sir: 1 meanv y- their own potM." . ;-.... "Holier was tnsoiyeju, - "Yea" T W. Shelton testified that be signed notes for Dickerson f an 8,eBed J 8 Owen was called. He Bijneu some notes for Dickerson at t the jr qust of the latter. Was inY Identified notes han4ed mm as those he signed. Was working for Dickerson. sfged on three or four different oc- .T Kuykendaii ws caiied. Js ft tr4et car motorman. Signed three streei car was insolvent; notes xor . Did ot THE iDixie -AND- in t j y OONPB0TIONBRY. i - - . " -- . r:Melt at aJl.hours . s '; "" Private Pining Parlors, ';3raii;piirt: tt phort. notlei. ; .J-. - vj4 oVbtkus an d ; a amb A B , SPECIALTY. , t 5$e South Main? St. right; that It was nothing that would ever come up against him. "Do you know D. E. Boiling?" "No." "Did you owe him anything?" -"No." "How did you come to give him your note for JS25 on May 6?" "I didn't do so." Thtt above note was put in evidence. Mr. Dorsett testified that this and other notes were filled out in the hand--writlng- of Dickerson. The other notes were those of Boiling and J. C. Car rington. Witness Kuykendall testified that he did not know Carrington. Cross-examination by Mr. Adams: "Don't you remember Carrington, a fair-skinned, light-haired man, who was here in partnership with a man named Stockton on the square?" "No, sir." - NOT FAIR-SKINNED. The next name called was that of J. C. Carrington, and a; roar of laughter went up all oyer the court room as a young negro advanced to the witness stand. Carrington was highly pleased by the sensation his appearance caus ed, and was inclined to be facetious. "I believe Mr. Kuykendall gave you his note for $525." "No, I never saw him until today." "Did he owe you anything?" "No, sah." ' f "Did you ever sign any notes your self?" ' "No, sah" Cross-examination by Mr. Adams: : "Don't you remember J. C. Carring ton, a white man; who had a house burned down?" "No, sah; I keeps up with all the Carringtons in Asheviile, and there ain't but one other Carrington in Ashe viile and that's Mr. Fred Carrington." "Do you know all the people in Asheviile?" "I know a good many; I know all the Carrington's. I know all the Adamses pretty much." "Do you know all - the Adamses black, whits, lawyers and preachers?" "I don't know; I don't keep up with the preachers very well." D. E. Boiling was called. He was shown the notes made by Kuykendall in his favor, and testified that he did not owe him anything, nor did he knew of the existence ofthe notes until after the bank failed. He signed some papers at one time for Dickerson, but did not know they were notes. T. B. Duckett was sworn. 1 ! "Do you know Evans, who was on ihe stand yesterday?" "Yes." Witness was shown notes in favor of Evans, signed by himself, and testified' that he owed Evans nothing, and did not know of the existence of the notes until after the bank failed. He signed papers for Dickerson once, not know ing they were notes. - W. J. Calais was recalled. "Did you know Q. H. Isaacs?" "! ""Yes." '..-.-.;.! "Was he worth anything in '87?" "NO." i E. C? Jones was recalled. .r- "Did you know E. L. Baker?" "Yes; he was a clerk in Mr. Dick erson's store." . "Do you know his signature?" "Yes." "Is that his signature to those notes handed you." "Yes." "Was Baker worth anything?" "No." i "Was he of age?" "I don't think he was." Witness testified that some of ths notes handed him were in Dickerson's handwriting and some In Breese'a There were introduced in evidence a number of notes signed by JV B. Dlek nrson & Co. and endorsed by J. K. Dickerson. A package of notes aggregating $11, 100. face value, was handed witness. who identified them as being- in Dick erson's handwriting and ta sign ad by him as treasurer of the Carolina Woodworking company. "Did you know H. 8. Holler?" The stub books Of J. E, Dickerson ft fn 'were handed witness, who said that they were kept by Dickerson and himself. L "Did you ever see Mr. Dickerson run ning over the check book? "Frequently." "What were "dummy checks?" "Thov rnresented the discount on these notes." "Did vou enter them?"- rharsred to the interest ny"fniint." "rM Mr. Dickerson know all about those dummy checks?" "Yes." -whpn was the J. B. Dickerson com pany formally organized?" "August 1, 1899." "What became of J. E. Dickerson "They transferred their merchandise and outstanding accounts io uue . rinirrsnn pomwuiy." v -Aft.- Aueust 1. did J, E. Dickerson & Co. transact any businesa?" rwvo-o-ramlnailnn: "Did J. E. Dick erson & Co. sell sewing machines after that date?" , . " - "Yes. The sewing machine business was always kept separate," BLANK NOTES, J. B. Hollingsworth was called. He signed a number of blank notes for Dickerson. Identified a package of notes handed him as those he signed, and as being filled out in the fcandwriU ins of Dickerson. limv , W J Calais was recalled. "What was H. S. Holler doing in 95?" . . "He was driving a team for the car- -ii ixrn. orv!-ir LrLfip comBany?'' (Notes banded witness). "Is that his signature?" -a r Pol aa rfl n the notes handed knowledge. . R. R. Rawls was then called., Mr. Rawls testified that he was a director of the First National bank. He was shown a 'certified copy of a letter from Deputy Comptroller of the Treasury George M. Coffin, dated July 14, '97, and describing the bank's shaky condition, according to the, reports of the direc tors. The letter was read before the board or directors, all being present, Mr. Rawls read from the minute book of the diBectors a resolution that no overdrafts of any kind should be per mitted. , 1 Cross elimination. "Your own account was overdrawn at times, wasn't it?" - . Objection by the prosecution. Senator Pritchard said tbat the ob ject in asking the question .was to show that the policy- of the bank had been changed in the matter of over drafts. The -court sustained the objection. ' "Did you not have two acocunts in the bank: "R. R. Rawls" 'and the "Swannaoa hotel,"' and did you not have a credit in one account apd an overdraft in the other, and in making a report was not a difference struck and the difference reported?" Objection. Sustained. " "Was it not a rule that directors were not allowed to examine the books of the bank?" . Objection. Sustained. George W. Fletcher was called. He testified that he was a director of the bank at one time. vHe knew nothing of the overdrafts of the officers, or the accommodation notes. : Here the government rested its case, and the defendant. J. E. Dicker son, was sent to the stand by the de fense. ' , . He testified that; he was indicted un der two other charges, conspiracy- and aiding and abetting. He was asked by Mr. Adams: I "Tell me how much you were worth on Apiril 1, '96, arid of what did your property consist; what were you worth on July 30, 1897, and were you solvent between the dates mentioned?" Ttie government instantly objected to Ihe question). j Judge Bynjum said the question of his solvency had nothing to do with tne matter. I The question was: "Did he aDstract the money from the bank?" In a long discussion by Dickerson s counsel, it was argued that if it could be shown that Dickerson was aDuna- antly able tb meets all his obligations. then he could not De cnargeu uu fraudulent intent jin overdrawing his account. I Judge Purinell said: Gentlemen, tnis would, in other words, make this statute aDDltv only to poor men. It A- - Mekes the food mofe delicioos and wholesome IKrVM. MfJWft POWPBH 0O ft9ff VOWK would mean I that al man who was wpalthv could not commit the crime of embezzlement. I " Mr. Adams said that It was not con tended that the faet that he was solv ent would be , conclusive proof of his innocence, but that it would oe ; a stmne' circumstance lending to show his innocent intent." After further discussion by the.iaw- vears for the eovernment and tne oe- fense. the question was ruled out by .Tiirtci Purnell. .1 Mr. Dickerson Was nanaea one 01 me R c. Jones notesipayaDie to j. . rififPrsnn & Oo:rantt endorsed by J. E Dickerson & Cbl" Who composed the nrm.or j. Dickerson & Co. ?"i "J. E. Dickerson. "Oive the history of J. E. Dickerson & co." r nhipption. Sustained. "Who did the JJ B. Dickerson Co. The firm of the same name composed of J. E. Dickerson,! and cottren, wat- vin jir On at Richmond. -wrhpn the firm tBUe(UWBy v ow . . 1 Of you keep tne nrm j name s Objection, fsystaineq. i"Wha did vou eet for that note? "Tt wns in renewal of another given hv Mr. Jones. Originally jjicaerson k Co. got the benefit of the noje. this consent might mitigate his offense, but would not be a justification of the act. No j body of mencan authorize an other nlan to violate -the law. "The second proposition was that Dickerson. was an individual and bor rowed the money as an Individual with the consent of the other officers. The gentle-mien are equally unfortunate in( this position, as this point has been de cided by the Supreme court. They claim that Dickerson was standing at arm's length from the bank in -these transactions. I deny it. He was one of the iaanagers and one of the trus tees of the bank. The funds were in his hands, and in those of the -other di rectors. The evidence shows that these members of the discount commit tee were co-conspirators with this de fendant! There has been no evidence to show that one officer did not know what the others were doing." Judge Moore argued that the oase cited by; Judge Bynum was a civil case; that the 'question of intent was there fore not considered, but Dickerson's case being a criminal one the question of inteijt was the all important one. "The government counsel say that the other bank officers looted the bank, when we have bad no opportunity to prove the contrary. I object to and pro test against such language at this time." Senator Pritchard read additional author! tjies to establish the position of the defense. He quoted Justice Jack son in the Harpfer case. "Judge By num says there was a conspiracy. Sup pose we admit for the sake of argu ment that that is true; we still con tend tht it Is a question for the jury to decidje whether the defendant acted m good faitH We have shown- that there was a discount committee, and such beijng the case,, why can't we show what thje discount committee did?" The gentleman's discussion of the question has takn a wide range. The question now is to show by parole testimony whether or not defendant violated the resolution in regard to overdrafts, and to show the practice of the president and officers." Mr. Adams said he was not arguing as to the overdrafts, but as to the notes. He contended that the notes in question did not violate the rule as to discounts ; in the bank,' the rule being that nol notes were to be discounted, unless they contained two or more good names. The objection to the question was sustained by the court. Exception en tered. YESTERDAY' 8 QUESTIONS. The questions ruled out yesterday as to solvency of Dickerson & Co. or Dick erson Were asked , in different forms in order to make them apply to all the notes in question, to get the questions formally on the records and to have formal Exceptions entered, AU the questions were ruled out as a matter of coorSe. "You did get the benflt of this note?" $850.) What was their financial condi tion?" ! : i rhiwirn-i Sustained. ."When was the original note made?' "Tiprpmber 8. 1894:1 for J4Q0." "You borrowed the money from the bank. on that day?" "T did." I "What control did you have aver the affairs of the bana.'r "Mrme. whatever."; "By whose authority was money lent you?" ! Objection. Sustained. "Was there a discount committee? "Yes." I "Did the discount I committee pass on that note?" I nhioftlnn Sustained. "What were the iduties of the dis- orvunt pnmmittee?" i Objection to the question as the min utos won" In evidence. Th. minute book i was handed the witness and he was asked to search it to see if the duties of the committee were recorded anywhere. He had not completed this search when the time of adjournment came. (July 2 "Yes.' "The July 16, 97, note for 1200. Who rot the benefit of it?" It la toart of the original not given December; 8 and DlckerBon & Co. got the benefit." "The May 7, '97, note for S1000, signed by E. 14. Baker. Who got the benefit of that?" "That is part of the renewal of the note gifen in December, '95. It was first credited to my account and after wards checked out and placed to the credit of W; E. Breese." "Who checked it out?" "One 1 meek is in th handwriting of Friday Morning. When United States court opened Friday morning Judge William R- Pay ooeupied a pea on the oencn wmi Judge' Purnell, on the lattefs right. Judge Rumpus of New xorK was aisu on the bench, to Judge Pumell's left. J. E. Dickerson took the stand. "Have you completed the examina tion of the minute book?" "Yes." ' "Is there any written authority for the discount committee?" "Kin " ' "Are there any directions to them?" in nop nlace." "Does that bear on the question ask ed yesterday?" State whether or BQt that commlt- PenlandL The other I have never seen. 'How were the notes obtained? "Mr. Breese asked me to get him some accommodation notes. I got one or two originally," "It was put in the bank and credited to your kecount?" "Yes. 1 ,r'Wh4 did you nd that the checks had been, transferred?" "I saw -the entries on my books but did not understand them until I had examined the bank books about two weeks ago. The amounts were charged to J. E. Dickerson personally." "Have) you the check by which the amount was transferred from your credit tb his credit?" "Yes, !I have it." "'In -whose handwriting Is it?" "W. H. Penland's, including the sig nature, jit Is dated January 8, It la sie-npd bv J. E. Dickerson and was paid February 15 or 19, 1896. It was charg ed to J,B. Dickerson & Co. on Febru- 1 s and credited to Breese on me "For the bank." : "What understanding did you have as to the precautions that were to be taken?" "I understood that the notes were to be secured." "These two notes-were to be secured with collateral, were they?" . "I know at one time that J10.000 First National bank stock was set aside for that purpose" "State the fact to the jury explaining the necessity of getting these notes for rediscount." Objection. M'hls note had been redlscounted?" "Yes."; "The note which Brevard spoke of for the benefit of the. Baptist church was two notes instead of one." "What are the facts which led you to obtain this discount?" "Those notes were paid in '95. One of the notes when it. was paid was in the possession of the bank. It had been discounted in New York. The bank wished to continue the note in order to have that much more money to do business with. The notes were given to them for an accommodation." "Did you get the benefit of a cent, of that note?" "No, but I paid $700 of the Interest and principal of it." "For whom was the discount on the Baker note of $1000 charged?" "I don't think there was an instance where it, was charged." "How much principal was paid by you on the Brevard note?" , "$222.": "What effect did this charge have on your .overdraft on that day?" "There was $922 increase of overdraft. It was not properly charged to-me and I did not get the benefit." "Did your pass books show the charge?'! "Yes; X complained of that. In the first instance it was corrected, but af ter that it was not corrected, although I complained -on several instances." "What was the correction you spoke of?" "$51 were credited back to J. ;'E. , Dickerson special , on February 9." "Was there any pretense that it was a proper charge" "No." . ' "Could you ever get these other charges corrected?" No. And there was another Item in '93 charged to me. I complained and it was credited back." ; DUMMY CHECKS. "Have; you the dummy checks by which these transfers were made? t "I have some of them." "Whose handwriting are they in?" "The first is in the handwriting of Mr. Penland and signed Chg. J. E. Dickerson.' Th signature to the next one is in the handwriting of Breese. The next is in the handwriting of Pen- land. The next is in the handwriting of Mr. Malloy. who was at one time teller of the bank. The next one is in the handwriting of Mr. Malloy. The next one is in the handwriting of Mr. Malloy. The next" one is in the hand writing of Mr. Breese." , f'Those checks were charged to you to pay the discounts and credits of the notes we have been talking about." ' They. were." r T'Where .did you find these checks?'' "I found some at the store and some in- the papers sent to 'my house when the bank failed. f'Who sent them?" ('Mr. Penland. I think." . f 'Where are the other checks?" "I don't know." f'Did you draw any of these checks or authorise any- one to draw them?", ''No." 1 , - i Recess was then taken. ! ed the note he said he did not sign?", i "I do. I did not get the benefit of It and l'do not know who did." : "The note by W. B. Troy dated Jury 23, for $!&(?" ' i, "I did net get the credit for it, nor did any of my concerns." "Can you tell from the books who did get the benefit?" "No." "The note of April 30 for $269, by W. 3. Troy, payable to Dickerson &, Co. ? "That note is a renewal of a note fof whUjh Dickerson & Co got the credit." You heard the evidence of Mr. Cof- fiin, that these notes were presented to you by him, and that he told you you were reported to have gotten the bene fit of them? and asked you of the cor rectness of the statement? Tell what you know of that." "Mr. Coffin said he wished me to ex amine some notes and see if I had given them to the bank. He asked me if I had gotten the benefit of them. ' I said I thought X had, but could not tell positively until I had examined- he bank's books and my own." "You say that some of these notes signed by Calais and Shelton were given in renewal of some notes of Dick erson & Co. How was that doner "Mr. Breese said that I had my name in the bank at that time for $10,000, and that I must get some notes on which my name did not appear." , "Why didn't you give him solvent pa per?" - ; "It was very hard to get anyone to go on a note at that time. I diet not ask anyone to do bo as I did not want to have to go on other people's notes." "What is the aggregate amount of in terest and discount which were charg ed to you, on notes of which you did not receive the benefit?" "$3293." "How much was charged against J E. Dickerson & Co. ?" "$530." "How much against the Carolina Woodworking Co. ?" "$425." . ... - "What was your overdraft on April 1?." , "$6996." . "How lone was that catTled asfea overdraft on the books of the bank?" Until ADril 20. 96. I was credited with $10,000' which I borrowed from the National Park bank of New York on my notes and my"house on College street."- V "If you deduct from your overdraft the amounts that were erroneously charged to you would your account have been overdrawn after that date?' "Not a single day." ."Did you deposit any security for the overdrafts in. the bank?" , "Yes." ' ' ' "What was the aggregate worth ot the securities?" "About $6200." "Then you deposited about $6000 of securities to guarantee any overdraft you might make?" "The Interstate B. & Lu was used by Mr. Penland as collateral for a note on which he realised and placed the pro ceeds to his credit without my consent or knowledge.-' Sometime in May, 9T, Mr. Breese told ma that my account was overdrawn. He told me I must not increase tny overdraft. I made every effort to. reduce it. 1 went to Richmond and borrowed money from the bank on my brother's endorsement and with the & L. stock as collat eral. When that note - became due ' X was not worth a cent. my brother. 1 wrotr to my broth and he said he could not 'meet the draft, nut hoped to be able to do so later on. In June I gave him two new. drafts for $1300 and $1650, which were seat on. This check for $2950 was sent tot my brother to meet the draffs. This simply was & 'kite' to give tfie bank the use of the money for a few days. The bank got the cash on these checks." "Are the proper debifcr and credit entered on the books to show this transaction?" "The proper balances appear , upon the books." . i "Was J. E. Dickerson A Co. a grow lng concern up to the time the bank failed?" .-It was." ' Mr. Adams said he didn't want. r. to waive any right as to testimony,, and he was willing to let the- matter stand as it was, if the prosecution does not go into it any further. The defense, wished to show that Dickerson had number of accounts, for his companies, for Mrs. Alvey, etc., and the wanted to have the privilege of going Into tsis matter if the government made tt competent on the cross-exarnl&attoa. Judge Purnell said the defenss would be allowed to go into any matter which the government might make oeespe teau - -' - ! -, DICKERSON CROeSnEXAMINED.' The defense rested their examination here.- Cross-examination by Judge Bynvm: i"On the evening or night following the close of the bank, did you " see Breese or Penland?" "Yes, sir. I saw them. I think, u Mr. Adams' office." "Did you see them in the bank?" "I don't think I did.- I don't-resoUect. I was witlv them almost eoatlatsdssly the day the bank, failed." ,'After the bank dosed at the regular hour,, did you see them?" ; : "I saw them at , Mr. Adams', offtce." "Were you not in the bank' and did you not take out these fraudulent notes and examine them?" "I did not." h "Didn't you see these notes?" ; "I did not." ; "Where did you 'take the noteaf "I did not; taket thenv anywhere." "Were you in the bank Saturday T "I may have -gone in the door Satur day. . That was, the- day I was said by the paper to have taken bags of gold to my home. . I was sick most of the day." , ' "The' gold made you sick, . did "it? X didn't know- about this before. - I am glad you told me about It." i "On the very, evening the bank failed did you and Breese and Penland .not go to the vault and take out the notes and select the notea each of you had received the- benefit or?" -"No." DIDN'T SEE THE LJST. !"Dld not Breese have a -list of -notes When you saw Mr. Coffin ctUfc 4MmkT" "I don't lenow; I did not see it." "You were a deacon ,ih the Baptist ohurch?" "Yes." - . - 1'VWhen you got the Brevard not, re newed, did you tell him that the church had paid the note?" I "I did. X told him that the bank had redlscounted the note up north." - , r How often did yott examine , the books of the bank?" I i"Once or twice in my life. . X-was not allowed to examine the individual- led ger." I - I i r Were you not . 4a - the. duk almost f 'Explain the whole transaction as tole-ery day. and did you not look at tne the New York aran. !"I went to Richmond to borrow man, ey. I got $2250 In the shape of a. New York draft and sent it to the Chemical National bank in New York. I - wired the bank here of that and they were to credit that amount to me. . , f'When the note became : due ; the .trwir nt tt "B. & Li. -association was surrendered to the .oompaa-y- . srhieh paid $1200. My brother- advanced , . the balance and the note was paid." . " A recess was taken until Monday morning. . j Friday Afternoon. 'rr-v,.. t,.o.m in favor of J. Li. Cook, .. tt . Vears cerformed certain and were for $1200 and otfcer amqunts, ! dutie6 with the knowledge and consent GOVERNMENT TO, CLOSE TOx of lrVhe government. - judge Bynum announc at tae nr ; .ydge Moore argued that it was not of recess that the foveren Jfd necessary to show that there was any ,ta this afternoon, after evl- necessary iu .i,;hV fnr the aece las possibly an Jour or two llense t in -niVornnn will EO On the Bland i"-v , ,v,t tViP diacount Com- ,v,p flrsrrhTna after 'the government poseq ,o u - Dicker. v"- "T , - TV AT . , irwtnr. ana inai committee was in existence while he n director. II it Cum uc " " Ztl l llWnnrt was with the knowl- .j onnniescence of the bank, then there was n.",. Tra PlirTIP 1 VYIIUC i l.. t a third DariV. wuuiu - " a-Wl - - ' in the to one who was ""lv- bank?" -o.i We think so, your .,"71 Judge Moore. "Dickerson l? rests its case. Thursday -Afternoon. The government1 examined aV few ..qv afternoon in the w tnes?" .tZin resting their jjlCKeraun men, - "Reiver J, Frank Aldrich asked DOUl r:rnr, no . or the Car- s?.nf r;,r comoany. He said ary same day. "It is saiiegea mat r.. u. JBr wan insolvent. Why did you obtain an in solvent hote for, Mr. Breese T" Objection. . i vstatel all the circumstances' in con nection with the oDtaining oi me uve by you.'t ... ,. When the nrst two notes weic vu fnlnwi W. E. Breese told me that this note waf to be used as accommodation nni nrlrl collateral was iu with them." iTHE COLLATERAL. "Who Was to furnish the collateral?' "W. E. Breese." "Did he do it?" I know he did one time, He had cer- tain First National bank stock set that purpose, iu,uuu worm, was the stock worth then?" had been sold at aboiat that 115. The real value was auoui aside for. "What ".Some date for 122." "Who May 17, $690?" At Friday afternoon's eession of the U, S. court the testimony of J. E. Dick erson, the defendant, was continued. The feature of the afternoon was the withdrawal of Judge Chas. A. Moore from further participation in the case. It. happened in this way: The witness was asked: Was the Carolina Woodworking company solv ent?" ' ' Before an objection could be entered, the witness had answered, "Yes." , There was objection by the govern ment, as all questions on this line had been ruled out by the court. The objection was sustained, and the question and answer were ordered to b stricken from the record. Judge Moore wished to explain. He said that he could explain the question in i such a way as. to? convince the court that it would be admissable. i The eourt refused to hean ham, ana refused to allow an exception to be taken. - ' - Senator Pritchard then' endeavored to have the court change its ruling, but without effect. After this ;and after sqme testimony had been taken, Judge Moore suddenly arose and said: "Your Honor. I feel that I can be of no further service to the defendant and I beg leave to withdraw from the case," and he then left the court-room. After he had gone Senator Pritchard said he felt that he should explain to the jury the cause that prompted Judge Moore to withdraw from the. case, in order to prevent a misunderstanding. MHis withdrawal was not on account of any misunderstanding with tne counsel for defendant, nor was it on ac count of any misunderstanding witn the defendant. ..I am informed that Judge Moore withdrew from the case in consequence of your Honor's refusal to permit him to state his reason ior oi Monday Morning. A subpoena has been issued for -MaJ. W. E. Breese as a witness for thsr gov ernment In the Dickerson case. It la not known when he will go upon the stand, i,- m-nhahiv he will be called as Ore first witness after the defense closes its testimony. It is presumed that W. H. Penland also will be a witness for the government. He has not been attend ing court except since Mr. . Dickerson began his testimony. ; . Upon the opening of court this morn ing Mr. Dickerson resumed his testi mony. . " . U.1 ' He was asked if he could explain. tne discrepancy between the figures on' the bank's books ana tne rawra w u comptroller. He said that there were offsets against the overdrafts.; He cav er' examined the books; and signed -the reports because he had confidence in tvii. man wno maae uem out. nc books, at your account: did you not sx amine them 100 times to the president I once; "almost as frequently as the -cashier?" V : ' "I did hot." 5 ', ' f'You say you did not know of the ex istence of the 'J; B. Dickerson special, account. Xid yea not examine le, ss-i eral times, and have, money withdrawn from ltr - . ,- , . No,- ' I t'You say yon,' got notes at Breese's request. What notes didiyou, get for. .hlm?"f ' ' ' 'JJ . . I t'The. Hollingsworth Br evardV Calais, Goodlet and some other notes." j t'Tou mean to say that Breess -asked rou.to get these notes from the partic ular individuals?" - t'No. from no one in particular.-' !'You simply went chit andfot theM notes signed in -blank and dldoo know for what amount they were to be filled, out?" . . 'Yes " ' , THE DIRECTOR'S OATH. you "Did you take an oath- when qualified as director?" r CVe " ' -'. - Do you remember that you swore to honestly administer the affairs and not knowingly permit any fraud to eater! into Its conduct?" i ' . . rYes." ' - -" : I TYou say that bank stock was put up as collateral for some oi uwse wi. Didn't you know . that it -was against the law to do this?'! ' -v, t did not know-what-thot' law was until in '97, about , April-or May. not swear to them. Mr. Peniana aia. i , called to my attention by TWhat exainaUOB ffldYonnmae oi eomntroner.-and I read" the law."-.--j jt the benefit of the note of signed by . jja&er, i Opposed mckern know at mc ---- ... t . Told DiciierBv.. whot they papers wltnoui -"7"-,t ir was all were. Dickerson said that it was an u. . . .i oinna tho hank failed. .ut"- . v. it he borrowed more xtj mimnftr or rcuut - . TJ,11iri ru an ucl niti w- - ' directors to the comptroller of the cur Jency. Dickerson name was on each report under - wevi . n t- SSts were dated May 14, MarehJJ.De- . ,n it nnd February x w-thoi7 introduced in vrwc .ta war "ILrr-itH th. ledgerW large found in the toUl K and ffie overdraft, of oSi On cross examihation Mr, prown was These overdrafts were .very plainly enterea on MuwA.a i ! "It is hardly reasonable to suppose that the bank examiner equlf overlook themf' "No"'' . As a matter of fact are ere " ;, those overdrafts? easels it6'f- - , , . makipg t a report did thy t de duct a man's overaraiis wm nnn the difference? Witness did not know of his own not In 7.1 an art merely administration and would flot be -,-..v.i -H hul no more authority to borrow money irom ie oiuci 4.7.r-r:: m.tt -Menu eonsmuisa -".0 -ickerson had mg w -"-. t,V. The the right to aeai wm . r . t T."5zt loans is necessarily inferred from tneracv - discount comm u??. 1XZ,iit show that this discount commmee composed of tne prramcuu ... T m of the bank, consented to these trans Judge Bynum: "The first PfWOgin laid down by-1 the defendant is. ' n , tv, a connivance and articl fhiu transactions wouiu tcmic v... w ot of all' resDonsibility." This has been repeatedly decided. b t u preme courU' Judge Bynum read, to thoriupa nn the subject showing tit one officer might plunder a bank with the consent of the other officers, and This is a renewal of he previous note, and my remarKS anoui. an-r.11.ahta tf this." "The next note by J. D. Brevard oa a-wh i -as. for $1400: who got the 4a ivdited on the nacK with $100, I think. The original amount . Vi. . tvnao. It has been re- Ui U"vv- rr.v. nn,ni.it nhd rediscounieu. ""a- : ' . i a n. t m t-vii.-nv. . Tha tntaresi wo V4-. e.- to .t. E. Dickerson speeial. Jt remained Febarylo7"9B."lt was then drawn out of that acocunt and placed to the credit oi' w. xa. rcuiau. ttttvi A mm t nut? ..t At vnnw i did not sea the check." . "" ..w .nnMP ",Where aesio v the hooksr1 . .. a . . nf tiw iwruair oruer,- tmj v know that this note ha been credited to J. E. Dicxerso ciai f .. . . . ..T -Wt 4Vmnrt It OU1 When i t,o w.ic of the bank in January .v..- - Mr Vfull said he was lUKJ J"" - . . Jt 11- Tlftl structed !by tne receiver bjiu , ' ton not to allow anyone to examine te books, t got no, bpRorunity tji ine the books, URtU got an ordw trpm, "You didn't know this note wa cred ited to J. B. Dickerson special'- an you did not draw qa of ta ac count ?'1 "For whom did you obtain J. D. Dre Yard's signature to this BQte?" on of in tvik hooks before the bank failed V vm '92 I counted ' the ' cash and ex amined some of the books. With - that exception I never examined the books until six weeks ago. l naa enuum the diary, a record of the notes due.- TThe latter part of last January J started to examine the cash book in reference to the notes, and trace the nntntn that wav." u , - r Wouldn't it be a reasonably easy task for a first-class bookkeeper to get aft the necessary information from the books?" Wiih an prnlanatlon h could in two hours learn to trace any entries In the books." - " ' "You say you furnished some 5Ktes for Breese and Penland. Was there any agreement as tb whether you should be allowed to draw out and they be allow ed to draw out any money;' in short. was there Any consipracy as to over drawing accounts?" "There was not. Each transaction that I had with these offices stood separately and on Its own merits." "How much are you worth now?' ; '.'Not a cent." - - "Is any of the money oi ine nn. ui for yourself, i fering testimony as to the solvency ot you drew out In your possession or in I Jet aione. i ! "You got some notes didn't your ' .... ' - f Yes." i . i 'tDld you not get Carrington notsr' vffTJo." "Some of these notes were for youri benefit?" ' fYes, about SMOG worth of those to the -bank." tAccording to your estimation . yeu were administering the affairs of the bank1 when yon got tnese awamww tlon notes V rres." i. -'.- . ; Witness said he pat these accommo datlon notes in the bank with, a guar antee. ' . . ! '"Let us have the guarantee." !,-tWho signed this guarantee f . "I did." ' 4. TThat was the only guarantee there was?" ' "iYes." - j ' " ' "Did you 'ever pay anything on this guarantee?" . No." Then it was not wprth a eentr' WOULD HAVE PAID. 1 Would have iald it If X had-besn the maker of a certain note which has been offered in evidence in this case, and because your Honor would not al low an exception to be taken. Judge Purell made no reply. J. E. Dickerson' 8 testimony, as to the accommodation notes was then resum ed.- ' X . .. . The evidence tended to show tnat a great many of the notes alleged v have gone to the benefit Of Dickerson had. gone to the benefit of Breese and Penland, while the defendant had paid the interest and discount on them.. v Saturday Morning. In the United, States eourt J- E Dick erson was, oa the stand againSaturday morning in the case against him. He was asked; "The note signed by G. JL Uoodlet, the amount of which WA orlg inally '$3105; did you eyey obtain fany money, on that note?" - j ' . "I did not,. 4 ws eeeemoer, orig the possession of any one for you?' Objection; sustained. -wnw mn-v ioncinia and oersons did you have authority to collect money for between April 1. '6, and July 30, '91T Objection; sustained. , "On July 12 and for several months before and after that date were' you collecting agent for the Old Dominion B. and L. association v . "I was." " v "You are charged with having em bezzled money by checks sent to . the association. State whether or not you .collected this money and deposited It In the bank?" nhicuvtlnn miatslned. "As to the deposit slip marked Va item.' what do you know -about- that r "- don't - recollect anythinr about if at all," ' -THE 18250 ITEM. "Why waa the 12250 item credited to j. E. Dickerson & Co. on July M.-fir "It was. the money that I borrowed In nihmnnil And sent to the unemicw SSSaryf V tT SSSTE S baTk. andlt should hav.been ntwal of twt notes of which Mr. Breese sent here and placed to my credit to- received the benefit The J6000 went to W. E. Breese's erodi. -..l4if til Vu U1.,viu.,j,- . . ,-T The cash book on juiy . 'Nobody bothered you buryour creo-s i Itors, did they T" . 'No.' 1 "How long haye you bad this guar-1 antee?" v ' '.. ' ' It was sent to my house- with some other papers." . . "Bo you kept it all that time when K really belonged to the banlc etyr1j 1 did not know I had It until X ran across it among my P!!.. .;...! 'You and your concerns.Tiad aoout 111,000 worth of - notes in-tne ' . one time?" ' ' i ; ' .'! "Yes " ', . "You Went there with the Cook Botes. etcVand substituted thorns for eur notes?" ti&i "yea" : " ' " ! ''Where are the original notes r j "8ome are here and sonao at home. . J "They were returned by Mr. Penland in that envelope r "Yes." 7 "You -took them la.thebanki.iigtted in blank?" , t , -Tres. The notes were'' left vtft ' bank." -v ' ' ' '' "Didn't you. and, Penland. sit . down their and fill out the notes right wts? VI filled Out one or'two, I think Boms of, the. notes wero endorsed oejora J note k a Asan imia irii duu m- n . t. - r'TT' u Mwui.' and and Co. in noV" ftf that day says: 'Deposited by Jr m I Calais note' was brought" tr y Dve; . ' I ruckorann 12250.' with . and C- n- eaa "I OO not na n aiywu. , . r.'., ir-VBh- in -wos fcand- "Mr. Breese got the proceeds and you furnished It the same as you furnished the Others we spoke of yesterday T' "The W, D, Taylor note?" -'Mr, Tayler signed that on hla ear at the square, as I recollect." I "Do you know positively that he sign- writing; The hanawnimg oi .tne- re mainder is Mr. feniarta a. x own i T was in ABneriiic v vuaw - . i i. mMI1' : xiow waa uio-t cuwa "Somt time in April Mr. Breese In sisted on my raising some money for the bank and wanted 'me to draft on The Calais note was brought " store and he endorsed it tnere. . "Did you show. Calais the face M. we note?" - - .- I dont Temember." . . . "The Owens note had been taken io the bank and filled outr Contlnoed on 2nd. peso. 1 1