The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-04-18
". D. NAPLES ACQUITTED
THE CITIZENS BANK WITHDRAws
ITS CHARGE AGAINST HIM.

Jury-His Explanation Of the Alleged
Fraudulent Transactions.
Maj. w. d. Wapies' trial took a sensa-
tional turn in the superior court yesterday
afternoon, the jury acquitting him with
out leaving the box, the other three indict-
ments being nole prosecuted. The court
house was crowded with representative bust
ness men, who pressed around NAPLES and
he had quite an ovation. Warm hands
grasped bis and friendly words Of congratu-
lation poured in on him from all sides.
The attorneys who had prosecuted were
among the first to reach out the hand of
cOngratulation. Even the court shook
hands with the defendant and expressed a
kindly interest in a man who was victim
Of misfortune and not criminal
The episode was the result Of conference
between counsel for the Citizens bank and
the bank officials during recess Of nearly
half an hour. When the court had re-
convened and Capt. Cunningham rose every
one expected that he would launch
into an argument for the conviction OF the
prisoner. As he proceeded, those who were
listening attentively began to doubt their
ears Certainly this was not the language
Of an attorney seeking to convict-of
man who, at all stages of the trial, down
to the close of the rebuttal testimony for
the state, had left no incident in the past
business life of the defendant free from
scrutiny. But now there was a change.
The prosecution, feeling its utter defeat,
had at the last moment determined to per-
NIT the defendant the fullest measure of an
unassailable vindication.
ABANDONING THE PROSECUTION.
Mr.. Cunningham said:
May it please the court and gentlemen of the
/. -. =, l.. -,
part of the bank and representing the bank, to
do an act of Justice, the bank and ourselves not
being actuated by any i'll will and merely having
sought thorough and fair investigation. After
hearing the statement of Maj. Waples, cOrrobo-
rated as it has been by the evidence of Mr..
Hunter, Mr.. Wilson and Mr.. Usher, rep
resenting this prosecution, we de
that under that evidence we do not think
that there would be a possible ground
upon which the jury could find verdict against
Maj. NAPLES in their indictment, although we
appeared as prosecutors in this case, and have
prosecuted vigorously up to the time when Mr..
Hunter was put on the stand and stated
that $4,000 worth OF assets which were
represented to Maj NAPLES existing, did not
in fact exist. We did not appear in the guse of
Prosecutors but as prosecutors. Under this
statement, cOrroborated as il has been by the
evidence Of Mr. Wilson, and the evidence of
Mr.. Usher, and which we believe to be true, we
desire, may it please your honor, TO ask the
jury to find verdict of not guilty under this
prosecution, and to ask that the other indict-
ments be mol pressed.
MAI. NAPLES STATEMENT
Maj. NAPLES statement was lengthy, and
required more than an hour in its delivery
He said that the failure of Davant, NAPLES
& Co. had been fully explained His failure
in 1882 he said, was caused by the failure
of New Orleans house, for which he was
not responsible, and his losses on rough rice
were explained at the time. He then went
to work to pay up his debts, which he did
to the best of his means and it is his intent
and purpose, he said, to pay the Citizens
Bauk, no matter how the trial should ter
inmate if hard work, good intent and pur-
pose, and honesty will do it.
Mai NAPLES explained that in the past
two years he had spent nineteen months on
the road, leaving his business in the hands
of Messrs Hunter and Usher. Frequently he
would come home. learn from MIR. Hunter
what the stock of rice was, pack his sample
case and be off, bringing home, after trips
Of from five weeks to over two months,
orders ranging from 800 to 5000 barrels
of rice. His business had increased from
1897 barrels in 1884 to 20,370 barrels
in 1885, and up to the time of
his arrest, March 5, he had
sold 1900 barrels of rice. He relied on the
representations of Mr.. Hunter and MIR.
Usher and believed his business to be pros
porous and had returned from Dayton, o.,
week earlier than he intended, on a tele-
gram from Garrard & Meldrim, to be pres
ent at the organization of the NAPLES
Commission Company, which was to have
been organized March l.
HOW HUNTER DECEIVED HIM.
Mai NAPLES said that on his return home
Thursday morning he asked Mr.. Hunter
how everything was getting on, and Hun
ter had replied apparently all right. Maj.
NAPLES detailed the visit to Mr. Newman's
Office to consult about the formation of the
commission company, and that Hunter
came and called him out and told him that
Mr.. Freeman wan ed him to reduce their
loans. Hunter said he had reduced them
81, COO or e., 200, and it was not practical to
reduce them that day or on Friday. On
Friday Maj. NAPLES went out on the mar
ket and on his return asked Hunter how
things were going, referring to the ship
ments of some orders for 60 or 500 barrels
of rice, and Hunter said all right so far as
he knew.
On Monday after being at the market
Maj. NAPLES said he asked Hunter about
l o'clock if everything was all right, for
the purpose of finding out if the shipments
were going, not suspecting Hunter at all
as he had been so long in his employ. Then
Hunter said he was in trouble with the
of bank and couldn't get it all off TO get bills
Of lading and one or two notes due that day,
and suggested that NAPLES should see Mr.
Freeman and ask him to wait until the
next day. Hunter told Maj. NAPLES that
he wanted to make a loan of $700
Maj. NAPLES said that he did state, perhaps,
to Mr.. Freeman, that he had plenty of
stuff to cover the bank because Hunter
whom he believed, had said he had ''plenty
to cover everything tomorrow On the
next day, before visiting Mr.. Newman's
office. NAPLES asked Hunter if there was
anything he wanted him to do, and he said
no, that everything was all right as far as
he could see. Maj. NAPLES thus related
how the true condition Of his affairs were
brought to his attention:
A REVELATION OF RUIN.
"When | came back Hunter said every
thing was going very badly, and he could
not make his account good with the
Citizens Bank. ! said Hunter what in the
world does this meant He says i don't
know. Ihave not got any Of the collaterals
and don't know what TO do Then ] went
to work with him. Possibly three-quartors
Of an hour. | found cut there had been
taken out a large amount of collateras
from the Southern Bank, and some from
the Citizens. | said 4 don't see anything
else in the world but to stop where we are
You must return all the goods to the per-
sons from whom we got them as far as we
can. He then said, Then l won't have
enough TO pay the Citizens. Then said /
am ruined
HUNTERS ALLEGED FALSE STATEMENT.
No Uov1ae detailed HE n. ith