The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-04-17
". D. NAPLES ON TRIAL.
LARCENY AFTER TRUSrTHE CRIME
CHARGED AGAINST HIM.

The Case Taken Up Under the First
of Four Indictments - The Defense
Seeking to Show That NAPLES is Not
Responsible for the Transaction
Which Got Him Into Trouble-The
Profits of the Business Disclosed
NAPLES Connection With 1t.
The NAPLES case in the superior court has
thus far elected more interest than any
case tried during the last year, the Smith
case excepted, and yesterday afternoon the
Bay was well represented in the court
room, and prominent attorneys not con-
nected with the case listened to the test-
nony, not all of which was in when the
court, at S:45 o'clock last night, took a
recess until O'Clock this morning
Maj. W. d. NAPLES, a rice broker, is be-
ing tried under an indictment for larceny
after trust, upon the complaint Of the
Citizens Bank officials who allege that he
sold and shipped away 100 barrels of rice
hypothecated to secure loan. Solicitor Gen
eral Fraser is prosecuting the case for the
state assisted by Lawton & Cunningham,
the latter having thus far done the princi-
pal part of the redirect examination for the
state and the cross examination of the de-
fendant's witnesses. Hon. P. w IMeldrim
Is defending the case, and each side has
stenOgraphers beside the court Stenogra-
pber taking the testimony.
TAKING UP EVERY POINT.
The case is being shaply contested, and
both sides have had many objections noted.
Witnesses have not only been searchingly
questioned by counsel, but Judge Adams has
occasionally put concise questions calculated
to bring out in a few words, replies which
give clearer idea of what the witnesses
know bearing on the case.
George G. Freeman, cashier of the bank
was the first witness for the prosecution
He testified at length to the financial trans
actions Of NAPLES with the bank and identi-
fled creeks drawn for the payment of loans.
He testified that 100 barrels Of rice had been
hypothetical for s., 800 loan on Feb. %;
that afterward BOZ SACKS of rice had been
shipped, and on March the shipment was
hypothecated on the bill of lading to secure
a loan of 5000
The state sought TO prove that no part of
the proceeds of the 100 barrels of hypothe-
Gated rice was applied to pay that loan, but
was applied on another loan.
THE wAREHoUsEMAN's STATEMENT.
The warehouseman, where the 100 barrels
of rice were stored. testified that some of
the rice had gone out to W. D. NAPLES
dkeuLs Ludb LuHT6 is nuns OIL MS TlCo IN Slb
warehouse now, as whatever has not been
hauled out has been hypothecatsd to others.
he couldn't say how much had been hauled
out, but it mas all been delivered or hypoth-
ecated. There is none there now belonging
to NAPLES, he said, or hypoth-
ecate6 to the Citizens Bank On
cross-examination he said that there
were several hundred barrels of rice marked
''W. D. W. and on the redirect examina-
ha hat \
tiuguish the hypothecated from the I'M
hypOthecated rice. Sometimes one and
sometimes another from NAPLES office
hypothetical it.
The first witness for the defense was
Frank S. Usher, cashier for NAPLES. He
said that he had 5000 invested in the rice
business. His testimony tended to show
that NAPLES knew nothing of the s., 800
loan until Monday, or OF the hypothecation
of the 100 barrels Of rice
DEPENDED ON BALANCE SHEETS.
NAPLES, he said, travelled a great deal of the
time east and west, soliciting orders for rice
and selling about 10000 barrels annually
and that from February of last year to
February Of this year he was absent nine
or ten months, and did not know much of
the financial details of the business, depend
ing on the statements and balance sheets
shown him from time to time. When in
the city NAPLES looked more after
the correspondence aud sending out
samples. William Hunter, as chief clerk
made the check marks for the rice to be
taken out of the warehouse and when Hun
ter indicated IN the rice book what rice to
take out, the witness either took 1t out or
sent for it. He could not recall an instance
where NAPLES had told him to take rice out.
as NAPLES seldom did that work Both in
NAPLES absence from the city, and when he
was in Savannah Hunter went right along
attending to the business. The witnes,
didn't know where the 100 barrels of rice
went, and he added: 81 don't think Mai.
NAPLES knew it." Referring to the loans
the witness said that Hunter would make
up the book accounts, tell what loans to
make and the witness would write up the
note, send to the warehouse for receipt, at
tach 1t, and send to the bank as collateral
HAD NO KNOWLEDGE OF THE RECEIPT.
NAPLES, he said, had no knowledge OF
sending the receipt hypothecating the 100
barrels of rice on Feb %, as he had lust
got home that day and hadn't been in the
Office half an hour. When NAPLES was
arrested he had only $50 or $50 in money.
which the witness took TO his wife. NAPLES
he said, couldn't have known until Satur-
day about the matter. NAPLES was called
home on a telegram sent by the
witness, who desired to STAY
away longer, but came home in
answer to the telegram at the suggestion of
Mr. Newman to organize a commission
company on March /. The witness ex-
planned that the rice removed from Cowan's
warehouse to the mixing warehouse oppo-
site NAPLES Office, was mixed and 307 sacks
were shipped to Ogden. Utah, some sold in
the city, ana some shipped to Keokuk, Ia
On Saturday it came to NAPLES knowledge
about the 81, 800 note, Hunter having
then told NAPLES to see Mr.. Freeman and
have 1t held over until Monday. "Waples
sent IN orders and Hunter made up the
shipments and ordered out the rice from
the warehouse" the witness said
PROFITS OF THE BUSINESS.
An effort was made by the state to keen
out balance sheet showing that one of
Hunters balance sheets for the year ending
Aug. 81, 1897, showed the net profits of the
business to be 81, 252 SO, but it was admitted.
Later efforts to get in financial statements
made by Hunter to Maj NAPLES resulted in
its being ruled out.
William Hunter, chief clerk for Waples.
testified that the balance sheet was approx
mately correct and also that the approx
mate profits for the year ending Aug. 81,
1883, were $3,4l4 %. A rough draft made
70 show the profits Of the business up 20
NAPLES return was ruled out, the witness
not being prepared to swear to the date.
Hunter swore that on Feb. %, when the 100
barrels OF rice were hypothecated
there were then 400 or 500 bar
rels of rice marked W. d. w. in the
warehouse, and it couldn't be identified