The county record. [volume] (Kingstree, S.C.) 1885-1975, 1904-08-04
Alleged Wrecker of AsheViIIe Bank
Gets Seventeen Sentence
TRIAL WAS LONG And TEDIOUS
After Being Out for a Little More
Than Seven Hours, the Jury Re-
turns a Verdict of Guilty of Alb
straction and MisappIication Of
Funds, But Not Guilty of Embez-
element.

| Shoiio'IS, Az. W, OpOSlai. hO Juis
in the Breese 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 B. F. Keller to serve a
term Of seven years in the penitenti-
| ary. The verdict was found on AZ
counts out Of the sixty-six, or those
| charging abstraction and wilful mis-
application of the funds of the bank.
Seven years ago to a day the First
National Bank of Asheville closed its
doors. Such is the coincidence that
the closing day Of trial lasting for
II 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 little more
than seven hours, the verdict was
returned. At 11.45 the jury returned
to their box The defendant and his
counsel being absent, they were i'm.
mediately sent for, and soon, Major
William E. Breese, the defendant, ac-
companied by Judge c. A. Moore and
Mr.. J. S. Adams, arrived in the Fed
eral Court room. This was a few
minutes past twelve o'clock. At 12.1"
the jury was polled, and three min
utes later, Col. H. C. Cowles, clerk o.
the court, asked in solemn tone:
Gentlemen of the jury, have you
agreed upon your verdict?"
I'VE have" responded ]. K. Patter-
son, who had been selected to speak
for them.
How do you find the defendant.
William E. Breese?"
mot guilty of embezzlement, but
guilty of abstraction and wilful mis-
application of funds"
Major Breeese sat perfectly still.
He looked a little haggard, but be.
yond a biting of his lips, he showed
no sign Of emotion.
The clerk asked counsel for the de-
fense 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 motion for arrest
of judgment and for new trial, both
of which were oVerruled by Judge
Keller.
District Attorney Holton prayed the
judgment Of the court at 1925 o'clock.
Judge Keller asked counsel for de.
fense if they wished to say anything
for Maj. Breese. They had nothing
to say. Judge Keller then instructed
the defendant to stand up, and ad-
dressed him as follows:
"Mr. Breese, you have been coll
victed after what l am persuaded is
a fair and impartial trial for abstrac-
tion and wilful misapplication Of the
moneys, funds and credits Of the First
National Bank of Asheville. AS a
man l feel sorry for you, but l have
my duty to perform.
1T is ordered and adjudged by the |
court that you, William E. Breese, !
the defendant, be imprisoned for tie |
term Of seven years, in the peniten- |
tiary, at Atlanta, Ga, and that your |
sentence begin this, the Goth day OF |
July"
Judge Moore applied for writ OF |
error to the Circuit Court of Appeals |
at Richmond, Va. On account of the
lateness of the hour this matter was |
left open until Saturday morning. Thv
minimum sentence would have been
five years. the maximum ten years, on
each count.
Counsel for the defense will try to
secure a new trial on writ OF error
to the Circuit Court of Appeals at
Richmond, Va. Should they fail IN
this they may apply to the Supreme
Court of the United States for writ
of certiorari, which, If obtained, would
mean that the lower court must re.
view the case anew. This was the
fourth trial the defendant had been
subjected to. In one he was con-
victed, and there have been two mis-
trials. AS trial after trial has come
up, the mass of evidence has growr,
as may be inferred by the long term
of time required for its disposal here.
The most intense interest has been
manifest throughout the trial, not on
ly because of the notoriety Of the
Asheville bank failure. but also on
account of the remarkable personality
of Major Breese. He has not flinched
under the most rigorous assaults OF
the prosecution, and it is agreed that
Mr.. Holton and his assistants have
spared neither energy nor brain nor
money to secure conviction. Major
Breese is a veritable man of iron, OF
splendid physique, distinguished
looking, and with a big brain and an
nerve. Some of the jurors
were heard to express the deepest
sympathy for Major Breese, after
they had returned the verdict.