Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-11-13
GAINESVILLE
BANK CASES
IN COURT
BIG CROWD ATTENDS SPECIAL
TERM or COURT IN zEBU-
L0N-FIRST CASE CALLED
/ MONDAY AFTERNOON.

zEBUL.oN. Ca. Nov. lo.-Pike county
courthouse was packed today with people
who expected 20 hear the trial Of Bank
er W. s. Withara. of Atlanta. who =
charged In the GAINESVILLE Savings Bank
case with embezzlement- The morning
was. however. consumed IN the trlal o.
unfmportant civil suits and the Witham
casa win likely be called this afternoon
NJ. Witham- with. his lawyers. Judge
Howard Van Epps. Of Atlanta. and Mr.
Robert Bc-ner. OF FORSYTH. sat patiently
through the morning. Mr.. William con-
ndsntiy expects an acQuital on the charges
against him. and does not seem worried
IN the least.
solicitor o. II. B. BloOdworth viii be
assisted in the prosecution BY Hon Du-
pont Guerry. Of Macon. and Attorney A
A Murphey. o. GAINESVILLE The charges
against H p Powell and Robert Holmes.
cashiers OF the GAINESVILLE Savings Bank.
who were indicted along With Banker
WItham, viii be called az this term OF the
court. as viii also the cases against J. J.
Rogers. President G. E Hugeley and W.
II. Rogers. cashiers Of The New South
Savings Bank. which weEs snder az the
tine OF the Barnesville Savings Bank
failure.
The technical charges against the bank
ers are as follows: Is. 5. William. embcz-
Element; ". s Witham. H p. Powell and
Robert Holmes. failure opay deposits:
]. B. Rogers and G. E. Huguley. violation
OF hank charter: c. z Huguley. embez-
element: II. p. Rogers. Robert Holmes,
embezzlement. ]. ]. Rogers and G. +.
HuguIey. fraudulent hank insolvency: W.
S. William. H. =. Powell. insolvency: ".
& yyitham Robert Holmes and II. r.
Powell with purchasing shares OF the
bark with IT'S capital stock J. j. Rogers.
embezzlement. There is some talk today
- - - .Nf. h
that the whole matter may be put on TO
another term
Judge E J. Reagan Is on the bench
Case Against Witham Called.
The case OF the state against Banker
w s. Withan. OF Atlanta. which grew
out OF the failure in 1901 OF the GAINESVILLE
Savings Bank. OF which he had been presi-
dent was called at ? O'Clock this after
noon IN the adjourned term Of the Pike
county superior court Both sides an
nOuneed ready and the work Of selecting
q jury began.
The case OF the state against Cashier
Powell. OF the GAINESVILLE Savings bank
stock. was continued 10 the March term
By Judge Marcus Beck. leading counsel
for the defendant. who announced that
he was physically unable 10 proceed with
the trial Judge Reagan overruled mo-
ti0n 70 continue the case OF Robert Holmes
Beck was merely associate counsel for
Holmes. Homes will be tried at this
term Of the court
Before the panels were called the de-
Tense put in a demurrer 70 the bin OF
indictment. claiming primarily that the
bin was defective On that n was returned
before the date ofthe alleged crime, name
u. an entry on the back showed the bin
was returned on October sth. whereas the
bin charges that the crime was commit
ted October 10th. .a. --
Judge Reagan. after argument. held
that this entry on the indictment was not
sufficient 20 throw out the bin and invited
argument on the other points on the de-
murrer.
TRYING TO GET JURY
INTHE WITHAM CASES
ZEBULON. Ca. Nov. 12.-Judge Rea-
gan. IN the case OF Banker w. S. Witnam
yesterday over-ruled a demurrer OF
the defense which sought TO have the BIN
OF Indictment Quashed on alleged defec-
lions. Judge Reagan sustained one point
IN the demurrer. relating to the indefinite
character OF the first count in the indict-
ment. but on the two most important
counts be sustained the indictment.
Then the defense fled a special plea OF
abatement claiming that the indictment
was found on October 9. Is02. whereas the
1aGe OF lhc AuulGlEueuI charges the crime
20 have been committed on October 10.
1872 day following the day on which the
indictment was found This plea being a
question % fact 10 be des-ided It required
q jury 10 determine IL and the panels
were called
II Is very probable that the indictments
pending against ]. ]. Rogers. G. +. Hugh
ley and " H. Rogers. officials OF the de-
funct New South Savings bank OF Barnes
vile. viii be mol pressed. A movement
for q settlement Is well under way here.
Yesterday the attorneys interested In
this case held a meeting and agreed on
basis for settlement. Six thousand dol
lars Is the sum agreed upon II the de-
PENDANTS can raise this sum IL Is under
stood the prosecution will be withdrawn.
The recognized Indebtedness OF the de-
funct bank IS about E5.0l0. 50 that IL the
settlement Is made the depositOrs Twill
get about 5 per cent.