Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-11-20
FAMOUS BANK
CASES To Be
TRIED
CRIMINAL ACTIONS WHICH
HAVE COST 100000 ARE TO
BE RENEWED IN ASHVILLE
TOMORROW.

CHARLOTTE, N. c., Nov. 19.-The not
ed Ashevslle bank cases will come up for
their third hearing I'm the United States
district court in this city tomorrow. THESE
actions have already cost the government
$50, 900 and the total amounts so far ex-
pended IS said to exceed any other trials
ever held in the state. The United states
is prosecuting william E. Breese, former
president; ]. z. Dickerson, a director
and w. H. Penland, cashier of the First
National bank of Asheville, for alleged
fraudulent acts which wrecked the insu-
tuition some years ago.
The case against Penland has never
come up for trial. Breese and Dickerson,
charged with defrauding the bank of
funds, were tried first In the district court
in Asheville in March, 1899, before Judge
Purnell and were sentenced to serve a
term of ten years each in the penitentiary
at Raleigh The defendants obtained an
appeal to the circuit court of appeals at
Richmond This court affirmed the de-
cision, and then granted petition for a
new trial.
The second trial of Breese and DECKER
son occurred in the district court in
Asheville last March, before Judge Jack
son, and the trial resulted in mistrial;
the fury standing IL for conviction and
one for ecquittal. On motion of the dis
trict attorney the case was removed to
Charlotte.
Beginning tomorrow morning the case
VIII be tried afresh, and in the examin-
alton of the defendants themselves and
nearly q hundred other witnesses every
BIT of ground will be royalty contested
by the notable array of legal counsel.
The failure Of the First National bank
OF Asheville is one of the most sensation
al incidents in the financial history Of this
state The, bank was capitalized at $780,
Co., and all of its stock. except $500, was
owned by Breese, Dickerson and Cashier
Penland. These men occupied prominent
business and social positions, and enjoyed
the confidence Of their community. Mr..
Breese had resigned the cashiership of
the First National bank of Charleston,
S. c., to come to Asheville and organize
the First National bank; and he and
Dickerson and Penland had exceptional
regulations for financial ability and in
tegrity.
On the morning of July list, 1897,
notice in front of the bank stated that
the institution had closed its doors. The
intelligence OF financial disaster came as
complete surprise and caused great
alarm. An investigation showed that all
deposits and all other funds Of the bank
were gone. The bank usually had in its
vaults from 5000 to $4,000 in cash. Az
ter the doors were closed It was discover
ed that there were only $4SO IN the Dank
and part of this was In mutilated curren-
cy. The total loss was $3.50, 900. OF this
amount Breese was charged with taking
STA. 900; Penland $4,000, and Dickerson
$50 900. The three defendants were ar
rested, but owing TO the dificulty Of get
ting Judge to try the cases they were
not tried until March, 1899.
The prosecution alleges that the de-
PENDANTS obtained the money, or robbed
the bank, through a system of over
drafts covered and concealed by insolv-
ent notes It is declared that they obtain
ed the signatures OF persons known to be
Of no financial standing to notes which,
being endorsed by the bank, were re-dis-
counted In New York city, and subse-
quently were protected or covered by the
money of depositors until all the money
in the bank was exhausted.
The defendants declare that they had
no criminal intent and were simply I'M
able to realize on bona fide notes.