The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-07-28
THE TESTIMONY IN
And Argument in the
Breese Trial Will Be-
gin To-day.
(By the Associated Press.)

Charlotte. N. c., July 27.-The tes-
timony in the fourth hearing of the
famous Breese embezzlement case. in
which Major William f. Breese, OF
Brevard, n. c., is charged with fraud
ulently Withdrawing from the First
National bank of Asheville, about
$1I4,000, was concluded in the spe-
cial term of the United States District
court, as a session lasting over two
weeks, and arguments will begin to-
morrow.
The cross-examination of Breese, by
District Attorney Hoton, was resumed
when court convened this morning.
In reply to questions by the dis
trict attorney. Breese testified to over
drawing his account in 1898.
The witness said he could not re-
call conversation with Mrs. w. O.
Wolfe, of AshevilIe, in which he sug
gested that she take $4,000 her hus-
band had on deposit in the Battery
Park Bank and place 1t in his bank
telling her that he would keep 1T for
her and see to ii that no one else got
It out.
Breese said he did not remember
conversation he was said to have
had with Colonel w. H. S. Burgwyn,
a national bank examiner, a short
time before the bank failed, in which
there was not more than about $16,-
600 of worthless paper in the bank.
A check for $45S.32, drawn by the
defendant and made payable to self
was identified by the witness who said
he thought it was for interest. The
teilers book showed cash item of
| 500 and the account of the Chemical
National Bank, of New York. WIS
charged with $241.6S, the difference
between the cash item and the check
the defendant had drawn. 1t was
shown that the Central National
Bank of Philadelphia. was credited
with 800.
A Bed Memory.
Now, didn't you get the benefit of
that" asked the district attorney.
II don't remember.
"Didn't your bank draw a check on
the Central National Bank in your
favor for 500, and did not you send
it to the Carolina Savings Bank 2?
"I can't say"
The witness was asked concerning
tho $4,000 of drafts the First Ma
tional Bank of Asheville had collect
cd for other banks just prior to the
"Tsn't it true that Colonel Burgwyn
the bank examiner found these
drafts and that checks had been filled
out and not forwarded ;.
The witness said he supposed it
was true but he did not remember
the amount.
A few days before the failure of the
hank the defendant drew his check
for a personal account of $349.80;
this being a portion of draft of $4S9.SG
his bank had collected and failed to
remit
Colonel Burgwyn was recalled and
toId of an EXAMINATION of the bank
on I71no 80. 1897. He went over all
tho notes with Breese and found paper
representing $299,405.37. A good
many of the notes were in other
hanks as collateral security for bills
navable, He was told by Breese that
pof more than $4,000 of the notes
were inso,vent.
Fl. Stallings said Major Breese
told Colonel BurgWyn that Shadrack
Karnn me colored carriage driver,
Who signed several notes. was a pros
naro,1s farmer in Pennsylvania coun-
~ Rreese had denied the alleged
Conversation during his direct ex-
Thn argument will be opened by
Assistant District Attorney Price to-
,norrow There will be five speeches.
Judge Keller stated that he would
olIou each side six hours for argu-
,,1nnt and bv this count the case
ehol,id be given to the jury on Friday.