Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1892-05-20
Tho warrenton Bank Case.


ers which was removed from Falquier
county to Lcudoun, was tried in Leef-
burg on Tuesday of last week. The fol-
lowing account OF the trial is from the
Loudouu telephone:
The somewhat celebrated Warrenton
bank case, Commonwealth VS.. Rosenber-
ger, Spindle & Co., which, as the TEE
phones readers Will probl ly remember
was continued from the April Term, was
called Tuesday. Messrs. Jas. b. McCabe
and J. P. Jeffries appeared for the Com
monwcalth and Messrs. Eppa Hunton, Jr.,
of Warrenton, Marshall Mccormick, Of
Clarke, and s. s. Turner, of Warren for
the defense. The forenoon was occupied
in empanel'Ing the jury.
Court re-conveued at , o'clock and
Commonwealth A torney j. b. McCabe
opened the case for the prosecution, CON-
pletely outlining it TO the jury as ex-
pected to be proven to them. Tie charge
made by Mr. McCabe was that a. K.
Rosenberger, s. P. Shirley, H. H Spindle,
C. F. Myers, and C. W. Rosenberger, sue
cessors to Jeffries & Keith, doing bank
inc business III the city of Warrenton,
uuder the firm name Of Rosenberger,
Spindle g. Co, did, On or about the 2nd
Law of March. 1891, unlawfully, fiaudu-
lently and felonlously use, dispose of, con
ceal, embezzle and appropriate to their
own use certain monies entrusted to them
"a bankers, aggregating the total sum CT
s12 $50. Mr.. McCabe's address occupied
about a half an hour aud be presented his
side of the question in al earnest and
forcible manner.
Eppa Hinton, IT., occupied about an
hour before the Jury stating their side OF
the case. He aimed to make the point
that the business relation existing be-
tween depositor and banker Was that OF
debtor and creditor and that the bank
could not embezzls or fraudulently use
its own money. At the close OF his adj
dress the Court adjourned until 10 O'Clock
Wednesday morning with the understand
inc that if necessary to expedite proceed
inc. nirht sessions would thereafter be
held.
WEDNESDAYS PROCEEDINGS.
Court was in session when the Ttie-
pbope's representative arrived. Mr.. Thos.
Keith. who from January 1888, mp to with
in few days of the closing OF the bank was
its book keeper was on the witness stand
His examination occupied the entire day
and was tedious and monotonous. The
books of the bank were produced and
subjected to a most rigid examination
Daily statements, showing the actual con-
dition of the bank each day from Janu-
arv. 1s8S. to March 2nd, 1891, were sepa-
rately produced and read to the jury
The witness answered all questions in
positive and courteous manner, and re-
maired perfectly cool and collected
throughout the day. When asked why
he had lett the bank lie stated that hC
had done so because his conscience would
not allow him to receive deposits any
longer.
When Court adjourned the case pom
ised to continue for several days.
THE CASE DISMISSED.
Yesterday morning Mr.. Joseph Jefcies
was placed on the witness stand. After
some unmportant questions, Common
wealths Attorney McCabe put the ques-
ton:
GLOW much money did you lose by the
bank ?" Objection vas raised by counsel
for the defense and the legal fight began.
1t was argued by Major S. S. Turner and
Marshall Mccormick for defendants and
by Jeffries and McCabe for the prosecu-
ton. The argument lasted two hours
The defendants counsel insisted that
when money passes over the counter of a
private bank, it Immediately becomes the
money of the bank, and the depositor has
no further interest therein except as credl-
tor or loaner. That if it is stolen, it is
stolen from the bank and not from the de-
positor, and therefore, the depostors, I'M
der the Indictment, could not testify that
they lost it. This ground was sustained
by the Court and ended the case.
If Ii had been National bank the law
would have been abe TO cover it, and
the defendants in this case could have
been punished.