Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1904-08-03
Alleged Wreekef Of AsheYilIe Bank
Gets Seventeen Sentence
TRIAL WAS LONG AND TEDIOUS
AfteA Being Out for Little More
Than Seven Hours, the Jury Re-
turns Verdict of Guilty OF Alb
straction and MisappIication of
Funds, But Not Guilty of Embez-
element,

Charlotte, N. o., Speclal.-Ihe jury
in the sBreese case returned verdict
of Guilty at 1925 Saturday morning,
and the former president of the First
National Bank of Asheville was at
oncelsentenced by United States Dis
trictAJudge B. F. Keller to serve
terngof seven years in, the penitenti-
ary.The verdict was found on AZ
counts out of the sixty-si1, or those
charging abstraction and wilful mis-
application oe the funds of the bank.
lSegen years ago to q day the First
National Bank of Asheville closed Its
doors. Such is the coincidence that
the closing day of a trial lasting lor
II years should have ended seven
years after prosecution and publicity
began to beat like fierce white light
on the management Of the affairs or
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 tnl-
mediately sent for, and soon, Major
William E. Breese, the defendant, ac'
companied by Judge G. A. Moore and
Mr.. u. S. Adams, arrived in the Fed
erala Court room. This was a few
minutes past twelve o'clock. at III"
the jury was polled, and three min
utesi later, Col. H. c. Cowles, clerk Of
the court, asked in a 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?"
"Not 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.
,yoni a biting of his lips, he showed
nc: sign of emotion: :.
Is The clerk asked counsel for the de-
lffense if they wished the jury polled.
sIi9 their reply in the affirmative,
q, Juror. to 9hi5
sI5feeta asking 1eachsU 80
IIs:you} }o and receiving the answer o
4 9the-]yerdict as first spokeni Judg
Moore then made motion for arres
Of judgment and for new trial, botl
OF which were overruled by Judg'
Keller.
Eiistrict Attorney Holton prayed TIT
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 al
dressed him as follows.
"Mr Breese, you have been coil
victed after what 1 am persuaded j!
fair and impartial trial for abstrac
tiop and wilful misapplication of the
moneys, funds and credits Of the Firs
National Bank Of Asheyille. AS
ludu lSGl SOIIy IOl JOu, DuI heNS
my duty to perform.
SIT is ordered and adjudged by the
court that you, William e. Breese
the defendant, be imprisoned for The
term CT seven years, in the peniten
tiary, ut Atlanta, Ca, and that youl
sentence begin this, the Goth day o
July"
Judge Moore applied for writ o.
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. Thi
minimum sentence would have been
five years, the maximum ten years, OIL
each count.
Counsel for the defense will try tc
secure new trial on a writ of error
to the Circuit Court of Appeals at
Richmond, Va. Should they fail ia
this theX may apply to the Supreme
Court of the United States for a 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 grown.
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 veritable man of iron, Of
splendid physique, distinguished
looking, and with big brain and an
impertable nerve. Some Of the jurors
we're heard to express the deepest
sympathy for Major Breese, after
oil -o+,,,,o6 tbo 1yprf1iot