MISTRIAL IN A. W.
GEORGE CASE
\ •
Juryman Taken Sick After Argu
ments and Mistrial Results
CONVICTION. NINEi
ACQUITTAL, THREE
OM ia tlx laying that man trained
and tutored. of noble ancestry and
high financial and social standing
among their fallow man too often fo
unpunished or pirtifi art not re
quired to five a strict account to the
State when they violate a law of their
land by the comroiaston of man crime.;
It la nothing unusual whan it la !
read in the papers of an unlettered I
and unlearned man, being sent to the j
mads for soau ■Memaiwr per
hapa for selling some one • pint of i
liquor, or he haa stolen a coat with 1
which to protect his back from the >
untempered wind, or a ham from {
some farmer's smoke houae to satiafy 1
that gnawing in the hungry stomachs
nl his crytog children.
One aiao reads of trsasgi isiiorn
against the laws of the State by men
pi Utttn learning mm! fininrt
soma may cause the wrack of • hank
ing Mtatim by speculation on the
stack market, others by misappropria
ttea ar theft of pohlfc fuiua entrust sd
ia their care—and thaae also must
give an account to the State
far their deeds What a newer they
gm or restitution they make no one
can foretell for they feel secure be
hind a screen of innumerable skilled
attorney* who represent them before
every coiirt of the land.
The poor half-witted soul who has
stolen a ham from his neighbor is
burned off to the priaon cell. The
man of money and social standing who
has caused the toss of thousands of
dollars of public funds fights for
years in every court in the land. And
this very inability of the laws of our
country to be applied to poer and rich
alike ia all inaiances, maay believe,
is to some degTee'a reasonable theory
for much anrrst in the land. Such
distinctions, and others of tike nature,
are what makvs the poor man.—the
working man— the man who wants
laws to apply to all—a "bolsheviki."
up on ine top 01 tne Blue magv a
lenely little woman with three small
children will die her living out of the
ground thin spring md auir.raer while
»he aits h a babea close h;- und^r the
shade of toae chinquapin bush A
few Months ago her husband, said to
be a half-witted subject, stole a mule.
He was apprehended aoon thereafter,
and the mule recovered by ita owner—
no harm had been done anyone- -no
one had suffered the lots of any pro
perty,—but he had committed a crime
and b» waa called into court to answer
to the law. And he is now paying
the State for his offense with the
aweat of Ma brow while his wife dig*
a scant living out of the earth.
Last Sunday witnessed the closing
of the greatest legal battle witnessed
in this county in yean—This time a
aan of meana. social standing and
large business relations waa being
asked by the State to give an account
far his tranagresaion of the law.
The ease against A. W. George had
been on the docket of Surry Superior
•Court for several asontha and Solicitor
S. P. Graves last Thmday called for
its trial. The defendant was repre
sented by able eounael and they made
a strong plea for a continuance on the
ground that material witnesses were
not present—Judge Harding ruled
against them and the Solicitor went
into the trial.
Mr. George is a resident of Elkin,
and was. up to a few montha ago,
president and cashier of the Farmers
and Merchants Bank of Elktn. For
years Elkin had only one bank, but
-about eight years ago a second bank
was organised with A. W. George a*
cashier and W S. Reich, president
Mr George was a native of Tadkin,
took an active part tn church and Sun
day school wont, being a Baptist, and
Iwd had much experience in teaching
school, before being named caahier of
the new bank. Mr. George's former
acqualntenance among a large num
ber of fanners of Yadkin, Wilkes and
Sutit enabled him to secure a sub
stantia] patronage for his bank from
ita beginning. Being well known
among so many people his bank be
came the safe keeping of the life-time
savings of many of his acquaint
ances—In the meantime Mr. George
waa honored by the Republican party
by being elected as County Commis
sioner and his bank also became the
depository for the funds of Surry
county) the county at times having on
deposit in hia bank from fifty to one
hundred thousand dollars.
The bank seemed to be prospering
along with every other business dur
ing the "fat" years Just pant But
when the re-action began to set in
a few aoon became suspicious of the
financial standing of this particular
hank. Other hanks over the country
began to have trouble In
turns from tt on their cash
Aaeks written on It by depositors
not honored when presented for
getting re
aah items;
payment and many began to quietly
withdraw their funds In small
sin sets at as short intarvals as
yasMMa. ft tea been going the
rounds of street talk that our County
Highway Commission withdrew mwt
•I thousand dollar* worth of its funds
from the baak no at ha bafora the
cioiinc of its door*.
THa bank wma formally closed about
a year ago after an eaamination of Its
condition had been made by a State
bank examiner and A. W. George, I to
preeidant and caaklar, Indictod and
placed undar a largo bond charged
with making falsa an trie* and mis
appropriating the funds entreated to
hi* safe keeping. The closing of this
institution was a heavy blow to the
psaple of Elkin and ssmaiif coun
try for it tisd up large amounts of
their funds when they most needed
them. Our own county was serious
ly embarrassed financially for a time
as the County Treasurer (also a
director and atockholder of the bank)
F. S. Eldridge had on depoait in this
bank when it was closed tweaty-saven
thousand dollars of tax money. This
fact made it necessary for the county
to borrow a large sum up north until
the new tax books were put out.
A close audit of the books of the
bank showed it to be short in its ac
count fifty-five thousand dollars, and
many false entries were discovered
by the Steta teak examiners— All
kinds of rumors were at onca in circu
lation aa to the eaaoe of the bank's
financial predicament. Those who
are perhaps In better pom turn than
many to learn the truth expreas the
belief that the bank's troubles began
back two or three years ago. It will
be rememharad that back then maay
land companies sprang into existence
and enjoyed a prosperous season for
a time, bat they were the first hit
when the "re-action' in this county
came. And so the theory has been
advanced that Mr. George and wot
associates engaged In the land busi
ness, investing heavily.
When the land business hit the ceil
ing it naturally left all real estate
dealer* high and dry who had this
high price land lift on hand. With
all iiua vast adtount of la*d-«B kmqd
and the real estate business as dead
as an Egyptian mummy something
had to be done. Everyone knows that!
real estate concerns make it a prat ]
t ice to buy up land giving note* for
it, and paying them off when they
re-sell the land. And so note* continu
ed to fall due whether sales were!
made or not.
inc mi iiwi au man) cvriiia«irii
of deposit were found in this bank
without any record being made of
them has lead many to believe that '
they were issued by Mr. George for
the use of his associates in their land |
business in paying off notes that j
were due, and that they were hoping j
to dispose of their land holdings in |
time to redeem these same certificates
of deposit. Many rumors have been
circulated that ilarge numbers of
these certificates, falsely issued by
the bank's cashier, had been "peddled
in many parts cf the country by these
land agents and offorad at such low
prices people were afraid of their
genuinness.
The average person would think that
all this matter of using the bank's
money, the tising up of the county's
funds and many othsr points might
be used in court but they could not
for the rules of evidence, and which
the average mind is unable to un
fathom, close the door to many points
that are talked outside. Thare an
special laws on our books dealing
with the conduct of banks and one of
these is thst it is a fslony punishable
from 4 months to IB years in the peni
tentiary, for any president, cashier or
other bank officer to iaaue certificates
of deposit without making a record of ]
same with intent to defraud, injure or
harm the bank or its iflapisitor*.
Considerable time was consmasd ia
selecting a Jury, both the 8tate nnd
defense asking the jurors many ques
tions. Much comment was heard on
the fact thst out of the targe number
of men examined for jury service
when the Jury was em panne I led it
was seen thst the close selection had
left it composed entirely of men of
Republican party affiliations. Of
course no one expressed the belief
that politics would hsve sny effect on
the trial—it was just a peculiar co
incident rarely aeon. The Jury con
sisted of the following gentlemen: J.
W. Jessup, Jas. Slaydon, 8. J. E. Sim- .
mons, J. 8. Collins, J. M. Haymore, J.
8. Hollingsworth. R. W. Rsdman, R.
R. Evans, W. A. Terrell. W. C. Hlatt,
W. H. Wall and W. H. Atkins.
The bill of indictment against Mr.
George as read to the jury charged
him with issuing certain certificates |
of deposit while sn official of the |
Farmers and Merchants Rank without
keeping a proper record of same, to
Wlt:
No. 1007, April 24, 1920, to Q. 8.
McFarlan, trustee, for 16,000.00,
No. 1108. April 24, 1920, to O. 8.
McFarlan, trustee, for $6,000.00.
No. 1009, April 24. 1920, to 0. 8.
MeVartan. trustee, for IC.MM0.
No IMS. Rapt. 80. 1M0. to P. W
Hajmes, for I">.000 00
No. 20*8. Jan. 81, 1M1. to F. W.
Hsynes, for $t/>00 00
No. 2480, Mar. 21, 1»SI. to F. W.
Haynes. for 22.600 00
No. 2601. Mar. 17, 1M1. to W 8.
Alexander and P. V. Haynea, for
2608, Mar. 17, 1921. to J. H.
flea Lm ot
entries of
V. I Ilm <■» aad r. w.
■ - i. »,
1M0, to J. D.
1
11, tf», to 1. 0.
I
' 7*
<lepu»K
I'mi.I lawouo
No. vfl, Isaoed tor $700.00. .tub
marksd "void, net
Tb* State used only thro* v
W 8. Raich, former prrnxWrit of the
bonk and the two bank examiners.
Mr. Reich vu on the witneas stand
only a few minute*, he being used to
identify the proceeding* ***• mut
iny of the hank's diractora which {in
Mr. Gaorg* authority to manage the
bank. All the day of Friday was uaod
in the examination of the man who
examined and clooed the hank. Thia
examination waa slow, ted tone and un
interesting, the defense offering ob
jections to almost ovary question.
The examiners stated they found
many certificates of deposit not pro
periy recorded among them being
those included in the hill of indict
ment.
They testified that Mr. George ad
mitted to them of having issued about
ten thousand dollars in certificate*
of deposit without running them
through the hooks of the bank, and
that hs bad kept a list of thsm in a
little book at bis borne. The examin
ers stated that Mr. Goargs gave
them a list of the certificate* a* ma
id from this little memorandum book,
but that the aawunt run up to about
thirty-five thouaand dollars. They
said Mr. George bad never made any
explanation to them of theoe certifi
cate* being ao issued and aot recorded
on the books of the bank.
Much time waa >peat in going
through the books of the bank ana
explaining the way thd hooks of a
bank are Kept. The rules of evidence
prohibited any evident* aa to the
amount of money tied up in the bank,
such as the fundi of Surry county, etc
—Only evidence dealing with the is
suance of the certificate named in
ttffsw as&jjfcrsfis S;
loss to stockholders, directors, deposi
tors or any other person under the
rule of evidence.
At the conclusion of the evidence by
the prosecution the defense declined to
offer any evidence on its behalf. This
was counted aa an advantage over the
firosecution as it gsve the defense the
aat argument to the Jury.
Speeches were made by R. C. Free
man, W. F. Carter and S. P. Graves
for the Stat*. For the defenae
speeches were made by J. F. Hendren,
A. E. Holton and J. H. Folger. Both
sides uaod its three hours of time
allowed by law, Mr. Graves closing
for the 8tato and Mr. Folgar for the
iim aeiense contended iui tne
Stat* had failed to make out a caae
agalnit Mr. George: that there waa no
evidence that Mr. George had mada
false record* with intant to defraud,
arguing that the State must (how the
intent of the defendant to defraud;
that mo evidence waa before the ooort
where a single person had tost any
money in the bank or in any way
suffered by the way the bank waa
managed by the defendant
The case waa riven the jury late
Saturday afternoon for their con
sideration. After deliberating at in
tervals for several hours, oae of the
jurymen, S. J. E. Simmons, was
suddenly taken Ul about nine o'clock
Sunday morning. Physicians pro
nounced him to be suffering with an
attack of chronic appendicitis and
stated that it would be impossible for
him to further take part in the
deliberations upon which information
Judge Harding discharged the jury
and ordered a mistrial of the case.
Since the litemisstne of the toy K
is generally understood that it stood
at the time of the illneas of Mr. Sim
mons nine for conviction and three for
acquittal. The case is to be tried
again at the nest criminal term which
convenes in OAober. In the mean
time Mr. George is under a bond of
$26,000.00 furnished by : W. M. Hen j
ric. 17,000.00; 1. A. J. Royall. $2,-1
000.00; J. W. Ma this, $6,000.00; J. E.
Hamby, $2,000.00; J. M. Simmons.
>A,000.0*; R. E. Blown, $2,004.00
Solicitor S. P. Graves niesecuted
the case assisted by W. F. Carter and
R. C. Freeman who appeared in be
half of the Corporation Commission.
Hie defense waa represented by J. H.
Fotger, A. E. Holton, J. F. Hendren,
and E. C. Jamas.
The bank ia now open and doing busi
ness after being dosed for several
weeks following the disclosures by
the bank examiners. Men interested
in the bank furnished the state Cor
poration Commission securities guar
anteeing the payment of all funds to
the depositors if the bank was allow
ed to reopen which was dene. As a
part of tnis agreement the depositors
also agreed to some kind of arrange
ment whereby they are not to with
draw any funds from the bank except
as the bank will become able to take
care of theee payments from thee to
time. At prisint there ia a large
amount of esonev en depoeit in the
bank not available to the depositors,
including shout twenty thouaand dol
lars county ftinde, and which antounts
the men interested in the bank have
guaranteed to make good as soon as
tiaa.
ThM MM offlciala will act in tha
November .lection
Tha list follow*, tha Itnt parson
named in each townahip bain* tha
racUtrar for that townahip:
Bryan townahip—J. R. Norman,
Frank Thompaon, F. 8. Eldrtdga.
Oobaon townahip— F. F. Rigga, C.
L. Jarvis, Grovar Siasell.
Eldora townahip—S. J. Jonaa, G.
F. Simpson, G. T. Jonaa.
El kin townahip—E. L. Harri., W.
G. Church, S. F. Crater.
Franklin township—Fred Armfiald.
C. E. Barttey, G. E. baaea.
Long Hill townahip—D. B. Needham.
8. M. Stone. M. a Needham
Marah townahip—W. H. Chandler,
A. F. Moanae, C. A. Sabaatin
Ml. Airy. Want 1,—J. E Monday,
j C. F. Melton, J. R T'atteraon.
Mt Airy, Want S—E. F. McKinney,
J. W Badgett, N. M. Gwyn
Mt. Airy, Ward »-R. V. Deyerla,
R. C. Carter, J. M. Hiatt.
Mt Airy, Ward 4—G. A. Bowman,
Lon Banner, J. D. Mlnkk.
Pilot townahip—G. W. Lawaon, J.
W. Redman. F. M. Dodaon.
Rockford townahip—W M. Wood,
T. W. Saow, V. R Does.
Shea la townahip—P G. Scott. 8. W.
Scott, A. A. Moaar,
Si loam townahip—J. J. Stone. J. M.
Whitaker. R W. Fulk.
Stewart* Craak townahip—W. S.
Lovill, C. L. Beamer, W. A. York
WontfMd townahip—A. F. Snoddy,
J. M. Chilton. W. L. Smith
Froat ■ Aiherilb Stctioo
Doea Small Dtmt|c to Fruit
thU
i« believed to have dona only alight
damage on the Whole to fruit cropa in
the bud. In more exposed place* and
in certain localities It ia reported that
considerable damage wu done to
grapes, peaches and apples. >
Reports from the Swannanoa sec
tion and from pointa in the aouth
section of tha county bear informa
tion of serious damage to vineyards.
Tha tender clusters of buds in these
localities were daatroyed.
The local weather bureau reports
that the minimum temperature for
Sunday morning waa 34 and the same
for Monday morning.
war* namad. Thay are te servo tec
tha primariea an June I, <a*m a State
Radio Outfit Aids b>
ti— «f Firm
Camp Bragg, April 27.—A radio
station ha* been Installed on the
camp artillery range, providing a
means of communication between the
fire guards riding the groat pine for
est of the tract *nd the camp.
Some excellent fire prevention
work has been done by the soldier
crew, who have alio proved effica
cious in capturing illioit stills, which
now and then are found hidden in the
marshlands adjacent to the govern
ment boundary lines. The men live
under canvas miles out in the lone
some pinei, and once each week have
their rations brought out by means
of army trucks. During the dajrtims,
earV. follows bis own route, covering
many miles in the round trip on horse
back. Several high points of ground
are used as observation stations and
signal points, from which they com
municate with each other.
"
Greensboro to Hsvs a Now Ho
tel, Costing $400,000
Greensboro, April 14-82.—Greens
boro will soon have a new, modern
hotel, costing in the neighborhood of
$400,000. The contractors will com
mence work on the new structure im
mediately following the turning efthe
first shovel full of dirt, preparatory
to laying the foundation for the ctty"s;
new million dollar pbsssnger station.
TMs information was learned bars
yesterday from one of ths city's most
reliable business men, the name of!
the directing hand being withheld
by request The new hotel will eon
tain between 1(0 and M0 rooms Hid
wtll be erected in cloee proximity to
the new ststion, which means It will
be nmur the prsssnt passenger station.
South Kbn attest
An an ti-prohibition iet generally
wears a paper Au«a k Mi Miss
hob. This is to alpdfy feat tbry can
both live without water.
of tbt third <
tkaj
the (
200
acbool children's bud and many
othara on the deck balow time to (at
from under tha eraahiaf dack. Only
three persaaa vara injured, not
nanuuaiy.
That tha Pcasident and Ufa. Hard
in* •Mi others in tha preeidanttal
party were not aboard tha Ialand
Queen araa dua to advice of govern
mant inspectors lata laat night. Thay
advised againat the Pnseident mak
ing tha trip on tha old plaaanra boat
bacanaa of her condition. Conse
quently tha Praaidant and hia party
ware asaigned to tha Cayuga, a p»
vnuneot boat, which lad the flotilla
of ear an steamers from Cincinnati
bearing between 10,000 and 16,000
people.
The flotilla waa paaaing Naw Rich
mond, Ohio, seven mi lea below Point
Tha Cayuga with the Praaidant
cleared tha village. New
eitiaans, however, did not know of
the change to ptona which pat tha
Praaidant abeard the Cirofi. They
began firing rockets as tha Island
Queen with Its S.000 passengers came
abreast Those on board crowded to
the front decks to witness the spec
tacle ashore. Bands aboard wara
playing and everybody was in high
spirits.
Suddenly there came the crashing
and grating of timbers under tha
feet of the three hundred on the third
<Wfc Thay felt the floor sink They
stood ailent, apparently awe-atruek
for half a minute. Then rame a
deafening craah. The entire forward
deck dropped. Still there waa no
panic.
The Manchester, Ohio, school band
had been playing immediately under
the deck. There were 52 boys and
(iris, many boys in knee trousers.
But the half minute's warning sav
ed the boys. At the first crash, they
began to scurry toward the stern.
Some, however, did not make it in
time and were caught. The chairs
on which they had been seated, how
ever, hald the load for a second, long
enough to permit them to crawl to
safety before the tons of timber and
human weight crushed the chairs.
TV crash of the falling deck se
sounded from how to stem. Many
thought th« steamer was staking.
Others thought the boilers had ex
ploded. Women fainted and bocame
hysterical. One girl attempted to
Jump overboard. Officers caught hat.
Officers shouted orders for people
to remain in their plnces and keep
quiet. Military officers and Cincin
nati police, of whom there were
many on hoard, als> cautioned
against becoming panic-stricken. The
11th division band was on deck imme
diately above, but which did not ex
tend all the way over the ill-fated
deek. They heard the crash and saw
the deck drop. True to their military
training, not a bandsman stirred.
They were playing a soft afr and
sensing the situation the director
immediately struck up a lively tune.
The music drowned out the cries of
children and women. It no doubt had
great effect in preventing panic
throughout the forward decks.
The Island Queen was the fourth
line of the flotilla. Preeident Hard
ing did net learn of the accident until
the Cayuga moored at the Point
Pleasant landings.
The bland Queen is • pleasure
craft, plying principally between
Cincinnati and a pleasure resort up
the river and is an oM river craft
Endorse Dr. Jaynf for N«zt
Govt—r
Aberdeen* April tl.—At a meeting
of the Parent-Teacher Association of
this place, a vising vote was given
to endnrs'—sst of Dr. J. T, Joyner as
candidate far Governor in the next
election. The Is diss In their talks
said there was a need of mere mea of
Dr. Joyner"» caliber for public offi
cers; Msi who have shown great
Interest In and knew the schools and
who put the training of future eM
sens ehsed of any other Iseue.
ONS XX CANT OOVI
SAYS LADY ASTOft
Vfcr«Mm CM WW MwM
Htm York, April If.—Nancy U*f
horn. Alter, the Virginia «M wW
married a Britiab iiMibh id «ta
won the first aaat te the haass of
back to Aatika today for a short
vtaK.
Th«* beauty for which Lady Aster
waa famed ta bar dabotante days hi
I Virginia b still a part of bar (bans.
She .poke with tha accent of tite
•oath, though it baa been sight ysara
1 sines sha baa been ho ma.
The ptkwtat of man and as Man
who crowded to haar bar apaak to
night c hoe red with a fervor that bo
spoke their admiration for Lady As
ter's achievements.
Lord As tor srrompaniad his ft lasrl
I can wife from England, and will ga
! with bar to Baltimore, where thla
veek sha is to take a prominent part
in the international conference of tha
league of woman asters.
It was Lord Aster, said Lady Aa
tor tonight, who started bar on "thla
downward career fien home to the
house." Her huaband. she explained,
waa a born social reformer.
One Sam Caat Careen. ,
One aax cannot govern alone, lady
Aator declared. She believed use of
the reasoaa civilisation bad failed a*
lamentably waa that it has bad ona
lided government.
"Don't let ua make the mistake of
ever allowing that to happen agate,"
she said. "I can conceive of nothing
worse than a man-governed world,
except a woman-governed world, but
I can sea the combination of the two
going forward and making civilisation
more worthy the name of civilisation
based on Christianity, not force; a
civilisation baaed on justice and mercy
I feel men have a greater sense of
justice snd we of merry. They must
borrow our mercy snd we must use
their justice."
in entering politics, Lady Astor
said, women are up against genera
tion* and generation* of prejudice
Mercifully, she declared, women hare
no political past, but they have "all
the mistakes of sex legislation with
ita appaling failures to guide then."
Mast Break It Geutty.
"Ever since woman's coasriouaieaa
looked beyond the material, aha said,
"men's coasciouaneea has (eared bar
vaguely; he haa gone to her for In
spiration, he haa relied on her for all
that is beet and moat ideal in hia life,
yet by sheer material force, ha has
limited her. He haa, without know
ing it, weatorned the harsas mild at
the eaat. I don't believe he knows
it yet, so we must break It to Ha
gently. We moat go on being hie
guide, hia mother, and hia hatter
half. But we must prove to bias that
»e are a necessary half, not oily is
pn ate but political life. Hie beat
way bat we can do that la to show
him 01 - ambitions are not personal.
"Let the men aee that we daaire a
better, safer and cleaner world for
our children and their children. We
realize that by only doing our bit, by
facing unclean things with cleanlineaa
by facing wrongs with right, by going
fearlessly into all things that may be
disagreeable that we will soasehow
make It a tittle better world."
The Beal Struggle
"If we want this aew world, wo .
can only got it by striving for It,"
she aaid. "The real struggle will be
within ouraahrea, to put out of our
consciousness, of our hearts and of ,
our thoughts all that makaa for war,
bate, envy, greed, pride, force and
fftftffinl ambition."
Ever since ahe first entered the
mother of parliaments, she inIM
that ahe caaaed to ho a perm aid
had come to a symbol.
Whan ahe entered parliament, ahe
recalled some of the mamhm looked
open her more aa a pinto thai a
pilgrim. A pioneer may ho a phitui
eeqtid figure, ahe added, hut oftoa la
a rather lonely one. Still aha aaid