The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-07-29
THE EVIDENCE Is ALL IN.
Argument I'm the Brcese Trial VIII
Begin Today and the Case VIII
Probably Reach the Jury by Friday.

Charlotte. N c.. July 27.-The testi-
mony in the fourth hearing OF the ia
nous Breese emhezzleIrent case. In
which Major William Z. Breese, OF
Breyard, ~. c.. Is charged with fraud
ulently withdrawing from the First Ma
tional Bank of Asheville about $4,000,
was concluded in the special term OF
the United States District court after
a session lasting over two weeks. and
argument will begin tomorrow.
The examination OF Breese by District
Attorney Holton, was resumed when
court convened this morning. In reply
TO questions by the district attorney,
Breese testified to overdrawing his ac-
count In 1893
The witness said he could not recall
a conversation with Mrs. w. o. Wolfe,
Of Asheville, in which he suggested that
she take 5000 her husband had on de-
posit in the Battery Park and place il
in his bank telling her that he would
keep 1t for her and see TO 1t that no
one else got it out.
Breese said he did not remember a
| with Colonel w. H. S. Burgwyn. a ma
t1onal bank examiner, a short time be-
fore the bank failed, in which he was
alleged to have stated that there was
| not more than about $4,000 Of worth
less paper in the bank.
A check for $458.32, drawn by the de-
| fendant and made payable to Self
| was identified by the witness, who said
he thought it was for interest. The
| teller,s book showed cash item of
| 800 and the account of the Chemical
National Bank Of New York was charg-
| ed with $2H.6S,g-the difference between
the cash item and the check the defen-
dant had drawn. 1t was shown that
| the Central National Bank Of Philadel-
phia was credited with $780,
| Now did you not get the benefit of
that?' asked the district attorney.
| I don't remember"
| Did not 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"
| Il can't say"
The witness was asked concerning
| the $4,000 of drafts the First National
Bank Of Asheville had collected for
| other banks just prior to the failure
| isn't it true that Colonel Burgwyn
Ohe bank examiner) found these drafts
| and that checks had been filed 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
bank, the defendant drew his check for
a personal account of $349.SO, this being
a portion of a draft of $4S9S0 his bank
had collected and failed to remit.
| Colonel Burgwyn was recalled and
| told Of an examination of the bank on
July 80, 1897 He went over all the
| notes with Breese and found paper
representing s299, 1854. A good many
Of the notes were in other banks as
| collateral security for bills payable.
He was told by Breese that not more
| than $4,000 Of the notes were insolvent
| j. H. Stallings said Major Breese told
| Colonel Burgwyn that Shadrack Kemp,
! the colored carriage driver, who signed
| several notes, was prosperous farmer
| in Transylvania county. Breese had
| the alleged conversation before his di-
| rect examination.
The argument will be opened by AS
sistant District Attorney Price tomor-
| row morning. There will be five
| speeches.
Judge Keller stated that he would
allow each side six hours for argument,
| and by this count, the case should be
| given to the jury by Friday.