The Birmingham age-herald., 1906-11-28
INSPECTOR COOPER IS CHIEF WITNESS Tells How Gordon DUBoSe
 Spent S40,000, PAID BROKERS BIG CHECKS Monroe County Bank Did Not Author ize Endorsement of Notes and
 Held No Collateral
 Security.
PAID BROKERS BIG CHECKS

Yesterday morning in the federal court the trial of Gordon DuBose, formerly president of the First National bank of Ensley, and charged with embezzling and misapplying the funds of the bank while so employed, was resumed before Judge Jones and jury.
 The government is represented by Uni ted States District Attorney Thomas R. Roulhac, Assistant United States District Attorney N. L. Steele and United States National Bank Examiner S, II. Cooper. The defendant is represented by Col. John M. Caldwell
 The government witnesses yesterday were Peyton Eubank and H. J. Cum mings, cashiers of the National bank of Ensley; J. B. Barnett, president of the Monroe County bank at Monroeville, and Silas H. Cooper national bank eX- aminer. The testimony of Eubank, Bar nett and Cummings was largely devoted to the books and banking methods of the banks with which they are connected Cooper said, in the course of his testl- mony, that DuBose admitted having lost large sums of money in cotton specula- tions. Pm the most miserable human be- ing on earth" said DuBose to Cooper; 'If had been in my right mind it never would have occurred" Cooper said that DuBose offered all that he had to make good his accounts with the bank.
 Witness Cooper was on the stand for over an hour during which time he went through the whole of the transactions between DuBose and the bank. and upon which the indictment is founded At the conclusion of his evidence Colonel Cald- we'll said he would like a little to time to consult with the defendant before be- ginning Coopers cross-examination
 The court took a recess until 10 o'clock this morning.
 Judge Jones entered court yesterday morning at 10:iO, having been engaged in the matter of a receivership in chambers.
 The defendant pleaded not guilty and the trial was begun by calling the first witness for the government.
 Peyton Eubank Testifies.
 Witness said he lived in Ensley and was cashier of the First National bank of e1Sley, lndl llt kept titt pDohS anu hht" them to be correctly kept. Witness iden- tified several account books which he said were known as ledger, journal, draft register and individual ledger, Witness proceeded to examine deposit slips which showed that on October 7, 1905, DuBose discounted note for s15,G00; that on October IS the defendant discounted a note for $30 500 taking up the former S5,O00 note; January g, 1906, defendant discounted a note for s1O,O00. and on Feb ruary 20 he discounted a note for $6OO0; that on March 1 the defendant executed note for $4S,O00, that being the total amount of all notes previously made. The witness said the $4S,000 note was payable April and was renewed and made pay able May 1, 1906. Witness said all these notes were secured by inducements of Monroe County bank, and that he had no fear about the money. and that the books showed collateral security. but witness did not know what that security was and could not say if any security had been deposited
 On cross-examinaton witness said the records showed that on March 1 the s42,- 900 note indorsed by the Monroe County bank and also the $GO00 note of February 20 were marked satisfied. The witness said that the $4S 900 note made on March 1 ex- tinguished the $42,O0O and 5000 notes. He said that he knew to a certain extent what was being done Witness said all the notes appearing in the books were marked paid except the $4S,000 note. The witness said the total capital stock of the First National bank of Ensley was s5O000. of which Gordon DuBose owned $33.0O0.
 On redirect examination the witness said the books do not show the payment of any money on the $15.000 of October '; that it was embodied in the S30500 note of October 16. Witness identified the siS,- GOO: he said no collateral was attached to it in the form of stock certificate; that there was a pencil written list fold ed with the note which mentioned bank stock and homestead.
 Eubank Tells Directors.
 Witness went on to say that he called DuBose's attention to the s4S,000 as 1t was a pretty big note, and that DuBose told him not to feel the least uncom- fortable about 1t; that the bank held no better security, and that 1t was in- dorsed by the Monroe County bank; that he told witness the Monroe County bank was secured also. Witness said he report ed the matter to MT. Minor, one of the directors; that he did not speak to any one else except Minor.
 On re-cross-examination the witness said that he saw the list of securities referred to in the note, and that 1t also a policy of insurance for $20,- poo; he said that in the usual course of business he would take such q note. 1t