The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-25


Summary of the Day'syProoeodings.
Mayor Trout RecalIed-Several Wit
nesses for the Defense Stated that Low
ing Had Overpaid Them on Check.
Il. &. Loving, former paying teller of
the First National Bank, who was tried
yesterday for embezzling from the funds
Of the bank $4,000, has been acquitted
and again stands before the world free
man
The jury after having received the
testimony and heard the arguments of
counsel were in their room only fifteen
minutes, before returning with the fol-
lowing verdict: "We the jury find the
accused, II. T. Loving, not guilty as
charged in the indictment"
When the verdict was read by Deputy
Clerk Kiser the large crowd in the court
room signified their appreciation with
loud applause. Mr.. Loving, who re-
manned dignifled and calm throughout
the trial, first showed evidences of
emotion during Captain Wright's elo
quent peroration; he broke down en-
tirely when the verdict was read and
was weeping as he was led from the
courtroom by his brother.
THE DAYS PROCEEDINGS.
The testimony and the circumstances
surrounding the case 60 to show that
while Mr.. Loving was careless and even
criminally negligent in handling the
funds Of the bank, and that it was
through his conduct that the shortage
occurred, it is not likely that he actually
embezzled the money. Most OF the
testimony in regard to his making over.
payment in cashing checks was voluu-
tary, and much more evidence in the
same line could have been procured.
The Hastings Court was called to
order at o'clock yesterday morning
and after considerable delay in wait
ing for witnesses in the case OF the
commonwealth against II. L. Loving for
embeZziement, Hon. II. s. Trout was
recalled and placed on the stand. The
witness exhibited the certificate from
the comptroller of the currency en-.
towering the First National Bank to
act as bank. He identified the check
for $179.19 which the teller credited
on his book as 81, 1913 and the check
for S168.O3 which Mr.. Loving credited
to himself as S2,16s 03.
Mr.. Trout stated that the volume of
the business done by the bank was
about $4,000 per day. The duties of
the paying teller usually kept him at
the bank about eight hours each day.
The commemorative attorney then
announced that the prosecution rested
the case.
MOTION TO EXCLUDE CERTAIN EVIDENCE.
Mr. Hoge, counsel for the defense,
made o motion that the evidence be ex-
Guided. The jury was removed from the
courtroom and the motion was argued
by counsel. Mr.. Hoge claimed that this
was not proof OF common law, but of
embezzlement. The First National
Bank was chartered under United States
laws, and it had been shown that Mr..
Loving was teller of the bank and that
the money claimed to have been taken
came into his hands by virtue of his
Office as teller of that bank.
Mr.. Hoge read from the revised
statutes of the United States to prove
that this case came under the jurisdic-
ton Of the United States courts. He
claimed that our statutes were enacted
before national banks were created,
and in the statutes of Virginia the
words nationalubank are not used. He
read from the statutes to show that
ofenses against the United States
postal laws were not punishable by any
State law. He claimed and cited
numerous authorities that Congress had
taken away the right to try any cases
of this nature from the several States
and vested the authority alone with
the United States court.
He claimed that in no way could the
statute law Of Virginia be construed so
as to cover this offense and much more
30 that Congress had placed it under
the Jurisdiction of the United States
court. On these grounds he asked that
all the evidence that related to embez-
element be excluded.
ARGUMENT AGAINST THE MOTION.
w. o. Hardaway, attorney for the
commonwealth, followed Mr.. Hoge and
asserted that no such motion as this
was ever before raised in court in this
State. There may have been a decision
of this kind in some States where the
statute was different, but in Virginia
court has not the authority to take a
case away from jury and acquit the
prisoner. I'm other words" said Mr..
Hardaway, ''in Virginia you can't steal
from a National Bank, Is the position
taken by the defense"
In referring to the decisions read by
the defense, Mr.. Hardaway said that If
court would be ruled by all the foolish
decisions that had been rendered by
all the incapable judges in the United
States, from Maine to California, it
would be utterly at sea, like ship
without rudder, drifting 1t knew not
where. ut does SEEM" continued he,
that these gentlemen claim that any
thing is law that is asserted with bold
ness and maintained with ability"
The Federal Government has no right