The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-01-07

good financial condition when 1t appears
it was really insolvent.
Wellens stated that Dawson made a
statement to Mr. Paisley after carefully
making entries on the credit side of the
cash books and emitting several entries
which should have gone on the debit side.
The defendant said that when he gave
Mr.. Paisley assurance that the company
was in good cor lion, he did 1t on a
statement made MIN by Dawson, who
said that sufficient money had been Dor
rowed to place the company on firm
basis.
The Howard Transaction.
wellons admitted that he had closed
the stocks OF r. d. Howard on September
% without authority from Mr.. Howard.
and claimed that he had acted under or
ders from Dawson. When asked why he
continued to receive margins from Mr..
Howard to cover this stock which had
been closed, he said that they had really
been closed on the boards Of the Odell
company, but were still on the books of
the White Commission company.
Wellons denied that he had received in
structions from Mr.. Howard to bucket
the stocks straight, and only through
the Odell company. Mr. Howard when
on the stand some time ago, stated
that he had, issued such instructions.
Races and Roulette.
Some of the most sensational evidence
was when Mr. Wellons admitted that he
had been playing the races, and the
roulette wheel He, however, stated that
he had beat both games of chance, ard
was ahead of the game" He said that
he had never bet more than $50 at time
on race, and that he generally played
the roulette wheel with SO or Sl5 stacks
of chips. He also stated that his salary
was only $3.50 and that he did his gambling
from this.
Welons admitted that he had bucketed
in the company under the initial 'aVW''
and that Dawson had bucketed under the
name of Randolph. He stated that the
books would show that "w" was ahead,
Welons testified that on the day of
his arrest he attempted to cut his way out
of the eompany's office, as there was no
warrant shown, and the door was blocked.
He did not think they had right TO hold
him. Wellons stated that the incorpora-
tors of the company were T. C. White, ].
l.. Paisley and himself and that he was in
1t in behalf of Dawson.
j. d. Kirkpatrick was placed on the
stand by the prosecution to verify the tes-
timony made by Dawson while he was
alive. to the effect that Dawson had ac-
cused Wellons to his face of never turn
ing the Howard money over to the COM
pany and that Wellons had shrugged his
shoulders and walked away.
Arguments were made by Attorneys b.
NJ Allen and W. H. benson for the prose
cution, and by Attorneys Morrow, Ander-
son and Bowman for the defense. The
prosecution argued that the evidence
showed that Wellons was a stakeholder
in the company, and was also secretary
and treasury; that he had all the business
of the company in his hands, and that
under these conditions he was responsible
The defense argued that he was merely
an agent or clerk under directions from
Dawson; that he was not himself stock
holder, but merely represented Dawson In
the company.
Judge Feagin decided with the prosecu-
ton In this point, and on It bound Weldon:
over. He stated that up to the time thai
this evidence was introduced he was in
clined to turn Wellons loose, but that If hi
Welons. was a stakeholder and an Officer
of the company, he thought Wellons was
responsible for the transactions.