The Caucasian. (Clinton, N.C.) 188?-1913, 1904-08-04
END OF BREESE TRIAL
Alleged Wrecker Of AsheviIle Bank
Gets Seventeen Sentence
TRIAL WAS LONG AND TEDIOUS
After Being Out for Little More
turns Verde. Of Guilty of Alb
straction and Misapplicatien Of
Funds, But Not Guilty Of embez.
Element.

Charlotte. y. C., Special-The jury
| 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 seTen years In the penitenti-
airy. 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 day the First
National Bank of Asheville closed its
doors. Such is the coincidence that
the closing day of a 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, &C
companied by Judge c. A. Moore and
Mr.. ]. S. Adams, arrived il the Fed
eral Court room. This was few
minutes past twelve o'clock. At 1912
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. 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 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 motion for arrest
of judgment and for a new trial, both
CT 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.
tense If they wished to say anything
for Maj. Breese. They had nothing
to say. Judge Keller then instructed
the defendant to stand up, and adj
dressed him as follows:
"Mr. Breese, you have been COIL
victed after what l am persuaded is
fair and impartial trial for abstrac-
ton and wilful misapplication of the
moneys, funds and credits of the First
National Rank of Asheville. AS
man l feel sorry for you, but I have
my duty to perform.
ut is ordered and adjudged by the
court that you, William E. Breese,
the defendant, be imprisoned for tie
tiary, at Atlanta, Ga, and that your
sentence begin this, the 3Oth day of
July"
Judge Moore applied for a 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. The
sentence would have been
TO-,
eacn count.
Counsel for the defense will try to
secure new trial on a writ of error
to the Circuit Court of Appeals at
Richmond, Va. Should they fail ia |
this they may apply to the Supreme |
Court Of the United States for a writ |
II certiorari, which, if obtained, would |
mean that the lower court must re.
view the case anew. This was the
ourth trial the defendant had been |
subjected to. In one he was con-
7lcted. and there have been two mis-
rails. AS trial after trial has come
Up, the mass of evidence has growr.
IS may be inferred by the long term
# time required for it's disposal here.
The most intense interest has been
manifest throughout the trial, not on
because. of the notoriety of the
AsheVille bank failure, but also Oil
cccunt of the remarkable personality
I Major Breese. He has not flinched
nder the most rigorous assaults of
he prosecution, and it is agreed that
IT. Holton and his assistants have
pared neither energy nor brain nor
honey to secure conviction. Major
'reese is verltable man of iron. of
plendid physique, distinguished
boxing, and with a big brain and an
nerve Some of the Jurors
7ere heard to express the deepest
ympathy for Major Breese, after