The Montgomery advertiser., 1906-08-21

ing with Sims was accidental and that he himself brought up the subject of the course of the market. He denied that at tho time Of opening the ac- count that he told Sims that he had a rich friend named Webster, although he did make this statement later. possl- ply a month later. It was attempted to show that Chisholm had delayed the payment of some of the margins on the grounds that he would have to see his friend, but Chisholm denied that he had ever refused to pay the margins upon demand. He said that he noticed that Hays, when he brought notes from Sims. would walt there until there was no one around before he would deliver these notes.
 He testified that he started dealing with Foster and Company in October, trading on small scale. twenty bales of cotton and the like. He acknowledge ed that he had teen using the banks money in his dealings with Foster and Company before he started with Gil- bert and Clay. He also said that he had never said anything about using the banks money to either sims or Hay.
 when asked how he got into the re- serve fund box he stated that Mr, Harding had gone into the safe deposit vault and 1est his bunch of keys in the vault The keys wer left there about half an hour and he took advantage Of the chance to abstract $5o.o0o. This was in June.
 chisholm said that he carried the keys back to Harding, as he did not seem to have missed them. He testi- fled that he had worked in an exchange, marking the boards, when he was 10 years old He said that when Hays came for the first $10.000 he had en- deavored to do it in a manner that would not look suspicious. He had paced the money in sack and passed IL ut through the window.
 The witness, when asked in reference to the telephones in the bank, testi- fed that he had a phone in his ie, which connected with the private ex- change of the bank, and that the 7- orator at this exchange was Miss Ken nedy. n,..
 After the cross examination Of Chis. olm had been finished the Government rested its case and the defense called Culpepepr Exum, director or the hank. who testified that he and other directors were in Attorney walker Parcev's ofFice when Chisolm was ar rested and brought there and that Chis- olm stated that he alone was respon- sible for the shortage. Judge Roulhac in cross examining the witness under LOOK 10 DTlUS out NiAN AuNt NhtN ON--N in making this statement had Tn nina officers of the bank only. w. H. Has singer. another director, gave the same testimony as Exum.
 walker Percey Testifies.
 walk-r Percy then took the stand
 He said that when Chisolm broke down and admitted that he had taken the money he was asked if he had not had any confederate in the bank or
 Lg~ Fria nf1faiAa Vyhn had helped him place the orders. To this he replied that his transactions had been directly with the brokerage con- cerns but Chisolm said in reference to Sims that he did not think 1t pos sfble that Sims could have been ignor- ant of the true condition of affairs. He said he did not see how Sims could have had any other idea than that he was using the banks money. Between the two men the name of 8. M. Web ster was used to deceive the public possibly to deceive the house of Gilbert & Clay, but never to deceive Sims. it being understood, he said between Sims a Id Chisolm that the name of Webster was merely a blind.
 Chisoln had told him he testified that Hays seemed to be merely an agent In the matter, and that he did not think he knew anything about it. This closed the tt stimony and the attor- neys announced that they would not submit arguments. Commissioner Watts then said that as the evidence showed probable cause for believing the defendant guilty, he would bind him over for hearing before the next session of the Federal grand jury. which meets in October Sims's bond was fixed at $25.000. Commissioner Watts also announced the bond of Hays would be s5,O00 and that of Chis- olm, who waived examination, s2b.OOO Hays made his bond at once, it being signed by Walker Percy. W. IT. Has singer. John L. Raul and C. Exum.
 Sims staes that he would make his bond in few hours and that there was no question about his ability to get bondsmcn. Chisolm will make no effort to make bond. He was taken to the county jail where he will re- main until his trial