Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1904-08-06

n -, Opctldl.-- ne Jul
in the B~ecse case returned a verdict
of guilty at 1925 Saturday morning.
and the former president of the First
National Bank OF Asheville was at
once sentenced by United States Dis
trict Judge r. +. Keller 20 serve
term OF seven years in the penitenti-
airy. The verdict was found on ~
counts out OF the sixty-six. OF those
charging abstraction and wilful mis-
application Of the funds OF the bank
Seven years ago 10 a day the First
National Bank OF Asheville closed it's
doors. Such Is the coincidence that
the closing day OF a trial lasting for
Il years should have ended seven
years after prosecution and publicity
began TO beat like a fierce white light
on the management Of the affairs OF
the wrecked bank. In a little more
than seven hours. the verdict was
returned. At 1l.45 the jury returned
70 their box The defendant and his
counsel being absent, they were i'm
mediately sent for, and soon. Major
William f. Brecse. the defendant, &C
+ companied by Judge c. A. Moore and
Mr. J. s. Adams. arrived in the Fed
eral Court room. This was few
minutes past twelve o'clock. AT 1919
/ the jury was polled. and three min
utes later. Col. H. c. Cowles, clerk o.
the court. asked in a solemn tone:
Gentlemen OF the jury. have you
agreed upon your verdict"
I'VE have" responded J. X. Patter-
son. who had been selected TO speak
FOR them.
How do you find the defendant.
! William +. Brecse?"
Not guilty Of embezzlcment. bur
guilty OF abstraction and wilful mis-
application OF funds"
Major Brcccsc sat perfectly still.
He looked little haggard. but be-
yond a biting of his lips. he showed
no sign of emotion.
The clerk asked counsel for the de-
Tense If they wished the jury polled.
Upon their reply in the affirmative.
& Col Cowles called each juror TO his
feet asking each OF them, How say
YOU and receiving the answer OF
the verdict as first spoken. Judge
Moore then made a motion for arrest
OF judgment and FOR a new trial, both
Of which were oyeuuled by Judge
Keller
District Attorney Holton PRAYED the
Judgment OF the court at 1925 o'clock
Judge Keller asked counsel for de-
Tense if they wished 70 say anything
for Mai Brccse. They had nothing
20 say. Judge Keller then instructed
he defendant 10 stand up. and adj
dressed him as follows:
Mr.. Breese. you have been cou-
victed after what / am persuaded is
fair and impartial trial for abstra e
tion and wilful misappiication of TIE
moneys. funds and credits OF the First
National Bank OF Asheville. As a
man / feel sorry for YOU. but l have
my duty 20 perform.
1T is ordered and adiudged by the
court that you. William l.. Breese
the defendant, be imprisoned for he
} term OF seven years, in the peniten
tiary. at Atlanta. Ca. and that your
sentence begin this. the 30th day OF
July"
Judge Moore applied for writ OF
error to the Circuit Court OF Appeals
, at Richmond, Va. On account OF the
4 lateness OF the hour this matter was
left open until Saturday morning. ThS
r minimum sentence would have beer
: FIVE years. the maximum ten years, GA
. each count.
: Counsel for the defense will try Il
!, secure a new trial on a writ OF errol
= TO the Circuit Court OF Appeals a
: Richmond, Va. Should they fail II
y this they may apply 10 the Supreme
o Court OF the United States for a wri
II OF certiorari. which, il obtained. would
h mean that the lower court must re
r view the case anew. This was the
fourth trial the defendant had beer
subjected to. In one he was con
. victed, and there have been two mis-
. trials AS trial after trial has CONF
o up, the mass OF evidence has grown
j. as may be- inferred by the long tern
r OF time required for its disposal here
D. The most intense interest has bee
= manifest throughout the trial, not or
IL because OF the notoriety OF tn
Asheville bank failure. but also c
account OF the remarkable personalit
of Major Breese. He has not fiinche
under the most rigorous assaults G
the prosecution. and IL is agreed tina
Mr.. Holton and his assistants hav
spared neither energy nor brain no
money to secure conviction Majo
Breese is a veritable man or iron, {
splendid physique, distinguish
looking. and with a big brain and a
impertable nerve. Some OF the juror
were heard to express the deepe'
sympathy for Major Breese. afte
they had returned the verdict.
GaIveston's Sea Wall Complete
Galveston, Texas. Special.-This
-. <ho Ioos oLf6 ~ concrete W.