Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-03-15

was ever made that Mr. Waite had used
this money in stock speculations, or in any
fraudulent way other than to float him
through his various difficulties and enter
prises.
The conclusion of the receiver with re-
gard to the Winiham County bank was
that it had no capital remaining at the
time it was converted into national bank
| The whole amount of S150,000 had been
dssipated through losses and bad manage
ment. Almost from the first it was handi-
capped by loss of something like SO, 600
loaned to Mr.. Waite's brother in Chicago
not long previous to the failure of fire
Insurance company of which he was secre-
| tary.
An incident in the national banks his
tory was is robbery of S13.0 900 in cash and
a quantity of bonds and other securities in
June, 1871 The robbery was perpetrated
10y a method frequently followed at that
time. A stranger entered the bank while
only the assistant cashier, Col. n. G. Saw
yer, was present, offering bags of gold and
silver coin for sale. A dispute arose as to
the amount of the coin, and it was count
ed over two or three times. the stranger
finally taking the bags and leaving. An
hour after his departure the robbery was
discovered, and it was supposed that con-
federate had gone behind the counter while
the assistant cashiers attention was thus
diverted and taken the funds and securi-
ties. In the minds oe Wate's opponents
there was always a question whether this
was genuine robbery. As the facts were
afterward developed in suits growing out
of the theft of certain of these securities
the general opinion came to be that the
bank was actually robbed. although an air
of mystery always hung about the event.
MIR. Waite's Capture. Trial, Conviction
and imprisonment.
During the summer of 1880 detectives
were placed on Mr.. Waite's track and it
was discovered that he had gone from Bos-
ton to Portland, thence to Toronto, and
West to Duluth and ST. Paul From the
latter city he went to Bismarck and Yank-
ton, Dakota, finding his way back eventu-
ally to Omaha, where his brother-in-law
Truman Buck, was a prominent resident
| Before his arrest took place at Mr.. Buck 5
| house, Sept. 2l, 1880, Mr.. Waite had trav-
eled quite extensively in the West, and
had bought a large ranch near Fort Lara
mie, South Dakota.
Mr.. Waite was brought back to Brattle-
borO, arriving by the train from the south
| Friday morning Sept "a. Intense excite
ment was caused by the news of his arrest
and expected arrival. and to avoid the
crowd which gathered at the railroad sta
ton, and possible demonstration, the
train was stopped at the Brooks farm cross
ing, and Mr. Waite was taken in car
riage and driven directly to Newfane, eX-
cepting only a stop for a brief interview
with his family at his house on Terrace
street. At Newfanc he was formally turn
ed over to the charge of the Windham
county sheriff and lodged in Ill, where he
remained until the next = an he
was taken to Windsor and trieu IN the
United States circuit court, Judge H. H.
Wheeler presiding. After some hesitation
Mr., Waite pleaded guilty to two of the 16
counts in the Indictment against him,
charging him with making false reports to
the comptroller of the currency and false
report to Bank Examiner Hendee. On
these counts he was sentenced by Judge
Wheeler to Imprisonment for six years in
the house of correction at Rutland. He
was never tried for embezzlng the funds
of the bank.
Mr.. Waites health suffered seriously
during his confinement at Newfane, and he
was undoubtedly in a very weak condition
at the time of his conviction and sentence
at Windsor He gave to his counsel for
publication a long statement in which he
made an angIy attack on Mr.. WillistOn,
and claimed in substance that he owed the
bank nothing, but that, on the contrary,
after working foG years handicapped by
heavy losses, he had paid back to the
stockholders $l12, ,403.90 in excess of ev-
erything that could in any way be charged
to him.
In the winter of 1SS5-SG, about II
months before the expiration of Mr..
Waite'S sentence, a movement for his par
don was made, which might probably have
been successful had it not been discovered
and exposed. The Indignation and excite
ment caused by the announcement in Brat
tleboro put a stop to the proceedings.
At the stroke of y, midnight, of the
day when his sentence expired, carriage
was in waiting, and Mr.. Waite left the
house of correction and went directly
West, where he has since lived. He was
for time employed by loan and invest
ment company as an examiner of titles
and to investigate real estate on which
loans were asked. OF late he has been in
the employ of the Omaha and Grant Smelt-
ing company, in which two sons of +. A.
Nash, formerly of Brattleboro, are promi
nent owners. His business for the com.
pany has taken him occasionally to New
York, where he has been seen by few OF
his former Brattleboro acquaintances. On
the occasion of his last visit there Gen. j
j. Estey met and conversed with him.
In August, 1880, Mr.. Waite was declared
bankrupt under the insolvency laws of
Vermont, and his estate was settled in due
course by E. L. Waterman and F. w.
Brooks as assignees.
His Suit Against J. Estey d Co.
Mr.. Waite's litigation against j. Estey
d Co. in the famous "organ case" was be
gun in 1871. Mr.. Waite and Riley Bur
dett had been for time partners with Mr.
Estey in the organ business. AfterwarC
they took the Chicago branch of the bust,
ness, which was wiped out by the great
fire. The suit grew out OF an alleged in
fringment of a reed board patent granted
to Mr. Burdett. Owing to the long illness
of Judge Smalley of Vermont, and the
death of Circuit Judges Woodruff and
johnson the litigation was long delayed
The case was first argued before Judge
johnson of New York in March, 1876, but
he had not decided it at the time of his
death nearly two years later Judge
Blatchford, who succeeded Judge johnson
and Judge Wheeler heard the case in May
and June, 1878, sitting in New York, the
arguments occupying week. 1t was de
cided by them substantially in Burdett's
N,v tl,s ~