The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-21
CHIOOLN, SIMS AND HAYES ARE
BOUND OYER TO U. S. GRAND JURY
CONTINUED FROM PAGE %

i
house demanded It. 1 did not give it to
him and declined to do so. That was
some time after he had asked me who
Webster was. After / had refused to give
the power of attorney, Sims told me that
the transactions would have to close, but
that he might be able to carry it for me
with a New York firm. The last trade
with Gilbert & Clay was on June 26, right
after the conversation about the power
of attorney. but he kept calling me up
and kept me in touch with the market
from time to time until he finally ceased.
He called up nearly every morning for
possibly ten days after that suggesting
good things to buy.
THE exact amount of my shortage was
$97 gao or s97,2S5. The money was taken
from the loose cash under my control
The reserve was never touched until
realized I had to go on my vacation, as
in order to cover my shortage something
had to be DONE and l could not charge
the accounts of course for ten days. That
reserve had not been tempered with for
month or six weeks, or longer. 1t was
only opened two or three times a year
and l had every reason to believe that
it would not be opened during the ten
days l was gone and that seemed to be
the only way to get out of it. I took $780,
900 out of the reserve fund, leaving $25. 600
in gold and $4,000 in currency None of
the money taken was ever used by me for
my personal wants, but the whole busi-
ness was put into those transactions.
kept my own money entirely separate
q was arrested about u or / o'clock
last Monday and have not been taken
to jail. l was taken to Mr.. Percy's office
in the Woodward building and from there
to the United States marshars office in
this building. I spent the rest of the time
at the Hotel Hillman and the Birmingham
hotel at night and the marshars office
in the day in charge of two deputy mar
shals. l do not know who Is paying the
expenses"
Regarding Hotel Expenses.
At this point Attorney Lane attempted
to get the witness to state that the First
Naional bank was paying his expenses
a the Birmingham hotel but Chisolm
would not make any such statement. He
said that he did not know who was pay
ing the bill. that he had not made the
arrangements and was, therefore, not in
position to state who footed the bills.
When Mr.. Lane asked Chsom who it
was that talked with him, promising I'M
der certain conditions to tighten his pun
ishment, the defaulter replied: mo one
has made me any promise"
Mr., Lane, however, said he brought out
the point for which he was fighting, name
ly, that Chisolm had been accorded I'M
usual privileges in that he had not been
sent to Jail during the week preceding
the preliminary
Chisolm next took up the matter of
what took place at the office of Mr..
Percy on the morning of his arrest, say
ing:
There were present in Mr. Percy's Of
flee Mr. Exum, Mr. Harding, Mr.. Percy,
Mr.. Hassinger and l do not recollect the
others, as I was under u tremendous men
tai pressure. The statement made that
was solely responsible had reference to
the other officers of the bank
Hayes Would Wait.
II would notice that Mr.. Hayes would
wait until the other customers were away
| from the window before transacting his
business with me. l have never made any
statement to an Age-Herald reporter or to
reporter of any other paper. / COM
! menced dealing with Foster & Co., on my
own hook about the latter part of Octo-
Der of last year. l dealt In small lots
| of IS or 20 bales of cotton at a time,
/ twenty bales, 1 believe was the smallest
he would sell. l had eight or ten trans
actions with them, involving $1,000 or $500.
| That was all my own money. | started
with the bank IS money about the middle
of December and had been dealing with
| the bank money before ] had any deal
ing with Sims and Hayes"
Mr.. Lane cross-examined Chisolm In
regard to this statement. He asked him
all about his transactions with Foster &
Co. before he made a single deal with Gil
bert & Clay. He made the witness repeat
the statement that he had stolen the
funds of the bank long before he bought
any cotton through Gilbert & Clay, or
even before he had had any conversation
with Mr. Sims.
About Foster & Co.
The attorney for Sims and Hayes want
ed to know if p G. Smith of Foster "
Co. had ever had to use any influence
to get him to play the market, to which
Chisolm replied that he had not and that
he (Chisolm) had played the market with
out any inducements being rendered by
Mr. Smith. lie had done so voluntarily he
said.
In regard to the manner of securing
funds from the reserve box, Chisolm said
Mr.. Harding left the keys In there;
left his bunch Of keys and went into the
safety deposit vault, around through the
bank. The keys stayed there something
like half an hour and / got the $4,000
out of the reserve. That was In the latter
part of June or possibly the early part
of July. / cannot remember the exact
date or the time of day, but it was dur
ing banking hours Mr.. Harding never
him at his desk In about thr oe-quarters
of an hour. / would have taken them
sooner but could not get away from my
window. / went in and got the $4,000
fifteen or twenty minutes after he left the
keys"
Mr.. Lane questioned him closely on this
part of his testimony, going into detail
as to the location of the vault with the
reserve box where Mr.. Harding had left
his keys, the location of the safety de-
post vaults where Mr. Harding went,
and as to the distance and the course Mr..
Harding would have to take in going from
one to the other.
Worked in Stock Exchange.
It came out in the evidence that CHS
ohm had worked in a stock exchange
when he was about Is years old, marking
the boards. Mr. Lane asked him about
that and also asked him IL this work had
not given him thorough knowledge of
the business so that he was able to oper-
ate for himself and know what he was
doing. Mr.. Lane wanted to know II Il
did not give him an insight into the bust
ness Chisolm replied that he had gained
considerable knowledge from that expert
ence, but that he had not found out "all
about the business"
Another statement that called forth
much examination was that Chisolm had
several times put the money he had given
Hayes into sacks so as to arouse less sus-
picion on the part of employees or officers
of the bank He said that the mere fact
of his paying money to Hayes in large
amounts, when other people in the bank
knew that Hayes was connected with a
brokerage company, was sufficient to