The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-06-03
BONES ON TRIAL FOR LARCENY
THE CASE LIKELY TO co TO THE
JURY TODAY.

Frank L. Fleming OF the Interested
Banking Firm the Only Witness
introduced for the Prosecution.
No witnesses Called for the De-
fense and the Accused Called on
for n Statement in His own De-
half.
Augusta. Ca, June 2.-The John p.
Bones case advanced to the stage of ar
gument to-day and viii be finished to-
morrow. The prosecution Introduced only
one witness. Frank +. Fleming, of the
firm of Fleming. Thomas & Co., bankers.
besides "a lot OF documentary evidence.
books, accounts, receipts, etc, and tho
defense only had the prisoner to make
statement.
The evidence adduced does not differ
materially from that reported IN the pre-
limlnary hearing. it was shown that
John r.. Bones was a cotton factor. who
did his business on money advanced him
by Fleming Thomas & Co.. bankers; that
Bones deposited with the bank the notcs
of his customers, warehouse receipts and
his individual note. On Dec. 10 the amount
which he had borrowed from the bank
aggregated about S3i. 900 and the bank
proposed that the whole be consolidated
in a single note, and that Bones give
warehouse receipt for a sufficient number
of bales as collateral This was done.
and the marks, weights, ETC., Of sol bales
or cotton were attached 10 the note, to-
gcther with a receipt from Bones, read
ing, Received from Fleming, Thomas &
Co, SOl bales cotton, etc"
The proceeds OF this cotton, when sold,
was to be applied 10 the liquidation of
the note. A large portion of the cotton
was sod, and from Dec. 10 10 Is about Si9,-
90 were deposited with the bank by
Bones, but Mr. Fleming testified that il
was checked out by Bones as
fast as deposited, and that his account
was overdraWn the entire time. That this
money as fast as drawn by Bones was,
without the knowledge Of Fleming, Thom-
as q Co, used in speculation. That on
Dec. %, Bones left Augusta, ostenslbly to
call on some of his country customers
aud collect money, but In reality he went
west, and was arrested at El Paso, Tex,
IN answer to reward Of $500 offered by
the bank.
The state claims that the warehouse
receipt showed transfer Of the cotton
to the bank and was a receipt for Its
transfer back TO Bones to be sold for the
bank, and that he Is responsible TO the
bank for the S0i bales, and in not paying
over to the bank on the S3l 900 note the
money he received for the cotton he was
guilty of larceny after trust. The de-
Tense claims that nearly all the cotton
covered by the receipt belonged to Bones
customers and that he could not transfer
il TO the bank, that for the few bales
that were in fact the property of Bones
and for the conversion Of the proceeds
of which he might be criminally liable,
Fleming, Thomas & Co. had received an
amount greater than the value of the cot
ton involved. Bones had left letter IN
his safe for his bookkeeper when he went
away IN which he was instructed to turn
over everything to the bank. That the
bank had received more than the value
of the number OF bales that were the
property OF Bones, and included In the
warehouse receipt to the bank. That
when Fleming, Thomas d Co made de-
mand upon him for payment in accordance
with the terms of the statute, Bones had
rendered an amount in settlement equal
TO the number of bales that were really
his and that It had been refused.
Tn his statement Bones said that friends
Of his had raised $4,000 and rendered II TO
the bank IN settlement, but this also was
refused The defense has not sought TO
| justify Bones course and there Is no Issue
on the facts and the amounts. The de-
fense rs that Bones Offense, If there be
any under the law does not make up the
oRense Of larceny after trust.
United States District Attorney William
T. Gary made the opening speech for the
defense and Hon. J. r. Lamar was speak
! ing for the prosecution when one Of the
jurors was taken sick and q recess had to
be taken until tomorrow morning, when
Mr. Lamar will finish his speech. Hon.
William Fl. Fleming will conclude for the
prosecution and Boykln Wright for the
defense. The statement OF the defendant
was re6T1 from manuscript, but contained
no new material facts. Mr.. Bones admit
ted in the statement that he had lost the
money in speculation and feeling there
was no future in Augusta for him had
gone west in the hope of recouping his
The case attracts great interest in the
community because Of the prominence OF
the parties involved.