Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-06-17

those counts be entered not pros.
The court then directed that the respon-
dent be arraigned on the two counts. In re-
ply TO the question of the clerk "Silas M.
Waite, what do you plead to the first aud
fourth counts of the indictment against your
Mr.. Waite arose and said
Waite's Remarks 90 the Court.
MAY it please your honor: In making an
answer to that demand, would like to make
q few remarks if the honorable court would
allow it, and will try to answer to the best
of my ability, intelligently. have prepared
a statement showing what has become Of the
First National bank of Brattleboro, and a full
statement of its history, as 1 understand it,
from the date of its formation in 1864, June
Both, to the time that it closed in June, 1880,
and that statement have handed to my coun-
sci, who will submit it to the court, l under
stand. 1 will DO very brief in any remarks
that may wish to make. think, your hon.
or, that this statement will show that / have
tried every way in my power to save all who
were in any way interested in that institution,
or who could be called upon as being to blame
in any form in its management. 1t has been
said that the institution was started in fraud.
think, your honor, that speak the truth,
which can be substantiated by living witness
es and written testimony, and by the state
ment that have handed to my counsel, that
this is not SO that the institution was not
started in fraud that no one that had any
thing to do with the starting of it had any
idea that they were perpetrating any wrong
that the losses that came upon us came after
June 80, 1664-between that time and the
date of the first dividend that ever was paya-
BILE by the First National Bank of Brattleboro,
which was payable Jan. l, 1865. Neither do
1 believe that it is possible for any investiga-
ton to show in any manner that any officer
ever made dollar, directly or indirectly, or
any person that has ever been engaged in the
management of that inslitution-no one that
l know of, if my figures are correct, and l
think they are fully substantated by the re-
port that the Receiver has made after seven
months of close investigation and in that
investigation my private papers were all left
in the bank, never were locked, never were
put in private box of any kind name or
nature. Every officer of the bank had access
to all the papers thut l had in my private bust
ness, as well as in the bank When the Re-
ceiyer came, or at least when the directors
took possession of the bank after left those
papers were accessible to everybody and /
do not think it is a possible thing to show
that any person has lost a dollar in that in
stitution excepting myself. What has been
paid to the stockholders, have raised or got
in some form or other to pay to the stock
holders. am not going to weary the court
with any remarks that my counsel can say
better than can in my very weak condition.
All that may say, your honor, may seem en-
tirely irrelevant to this case but am anx-
ious, if can possibly bring it about or make
myself ineligible, that your court and the
public should fully understand what has been
done and why it was done. l think that this
court must be satisfied from the statement
that submit that the bank has not had any
life in it for several years, excepting what
have personally given to it (; and in this mat
ter have not been assisted by any officer
connected with the institution at all. If
have committed fraud in the eyes OF the
National Banking Act OF the United States,
it has been from a desire-if may be allow
ed to say one word in nay own favor-to shield
every one that was connected with me. And
/ have suffered the loss. 1t is we'll known to
the community that have ruined my reputa-
ton and the treatment that received while
under state authority, your Honor, after was
returned to the state of Vermont, has thor
oughly destroyed my health. am gone, in
fact, and probably have but very little while
to remain in this world Property is all gone,
and l have nothing to leave for anybody that
l know of. In the eyes Of the law, your Hon
or, cannot claim, knowing what know of
the national banking act, that have any de-
fence to the charges brought against me this
morning; but do claim that no one has been
defrauded in any manner by any report that
have made. When / set up in those reports
that had that property there, claimed that
had right, If / could succeed in carrying
the institution over, to call those assets what
they were worth to me. And, under the cir
cumstances, your Honor must admit that to
me they were invaluable could not prizs
them high enough. But If am asked, as
I n. -
ly worth what set them up to be, to any
body else, in truth must say they were not
In that sense the report was made TO deceive
the comptroller of the currency at Washing
ton, and must submit to the law. will not
weary your patience nor the people that are
listening to me in any longer talk, because
my counsel will submit this statement TO you
with remarks far better than can make"
The Plea OF Guilty.
After Mr.. Waite finished Judge Wheeler
asked both him and his counsel If the Court
was to understand that the prisoner pleaded
guilty, and both answered in the affirmative.
The Court then ordered plea of guilty to be
entered. The U. s. attorney then stated
that he had nothing further to offer at this
stage of the proceedings and moved for SEN
tenoe.
Remarks OF Mr.. Phelps.
E. j. Phelps, Esq, counsel for the respon-
dent, then arose and said;
desire, with the permission of the court,
to say few words and but few words, in
regard TO this unhappy case before il termi-
mates. might perhaps well enough submit
II ON what the respondent has said In his own
behalf, but am very willing TO add 10 that
statement such little weight as would follow
my own assurance of my belief in its truth.
The plea of guilty that has been entered in
respect to the charges contained in these
counts is right, and stands for itself. There
is no more to be said upon that point. The
respondent stands oonfessedly guilty of q vio-
lation of the national banking act In the par
ticulars set forth in the indictment. II it
had been necessary to a conviction of that
offence that the intent TO defraud or any re-
sulting fraud should be established by the
government, in my Judgment no conviction
could be had the prosecution must have