The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-21

| round OF pne county which the registrars
have been making during the course of
several weeks past. The books will remain
open all the week, closing Saturday night,
Sims. Hayes and Chisolm He stated that
| on August he and Mr. Forsyth
had counted the money in the reserve box
and found it was 100000 short. He said
that Mr.. Forsyth had come to him and
asked who kept the keys to the reserve.
He had replied that Mr.. Harding and
Mr.. Barr held them. Mr.. Forsyth had re-
piled that Mr.. Barr had delivered his
key to him and suggested that they count
the reserve. which they did Bowron said
he was acting paying teller in the absence
| of Mr.. Chisolm, and further that only
| $50 900 was found where there should have
been $4,000
| In reply to cross-examination by Mr..
Lane Mr. Bowron stated that he had not
| seen $4,000 placed in the box and had
nothing to do with the placing of it there.
! He knew only what the books showed He
then explained. at the request of Mr..
Lane, the inside arrangements of the
bank where the various officials or en-
ployes had their desks or windows, and
! how many of these a customer would
! have to pass in reaching Chisolms win
| dow, which was the one farthest east
| from the main entrance. He testified as
to the good reputation OF Chisolm before
August I. saying it was of the very best,
and that the officials of the bank trusted
him fully.
In replying to questions by District At
! torney Roulhac he stated that he had not
looked over Chisolms personal account,
and did not know what 1t amounted to-.
He said that the business of the bank was
large and that the clerks and other en-
ployes were kept very busy during bank
ing hours and that they would naturally
not notice people coming and going, as
there was always a good crowd In the
! lobby OF the bank. He said the reserve
varied from $4,000 to $250.0OO and that it
was kept for the convenience of the pay
ing teller so that he would not have to
count 1t all every day. Certain of the
employees had access to the reserve fund
when accompanied by the president or
vice president.
Forsyth on the Stand.
/ n.
titled about examining the reserve and
counting 1t with the other assistant cash.
Ter on August T. He said they found $685.
600 in gold and $4,000 in currency in the
reserve box. The cash, he stated, as
shown by the books, was short 100000.
He testified as to the good character of
Chisolm before August T. He did not take
notice of all the customers who entered
the bank. He testified that the salary of
Chisolm was $4,000 a year, that Chisolm
owned some stock of the bank and had
some stock in a gold mining company in
the west
When shown the books OF the bank For
syth stated that they showed that the
| cash on hand when 1t was counted on
| August should have been s755,36S .0S, but
that the count only showed $685. 1853 .Os, a
difference of 100000. He had known Sims
and Hayes for some time and knew that
they were connected with Gilbert & Clay,
and that Sims had carried an account in
the bank.
chisoIm Testlfies.
| When Chisolm was called to the stand
Attorney Lane objected to his testifying
! unless ii was voluntary and unless CHS
ohm had requested that he be allowed to
make the statement He asked that Judge
Roulhac explain to Chisolm that he need
not testify unless he so desired. The wit
ness said at first that he had left the
matter in the hands of his lawyer, but
Attorney Lane insisted that he had to
| testify voluntarily. Chisolms testimony,
without the reptitions resulting from the
oross-examination, as taken from the
official notes, is as follows:
II desire to make statement from the
| beginning to the end, as far as 1 remem-
| Der, and / made that request. l am 25
years old and was paying teller of the
First National bank for eighteen months
preceding August my salary was $1,000
a year and 1 accumulated $4,000 or $4,000.
1 was acquainted with W. l.. Sims and C..
| M. Hayes, who were engaged in the stock
and brokerage business.
II had traded with them both from Feb
ruary, 1906, up to August, 1906 dealing In
! cotton futures entirely. My transactions
with Mr.. Sims began on February 5, 1906
after having had conversation a short
while before that date with him in the
Metropolitan cafe. l talked to him about
cotton. He saw that took an interest In
it, but l told him that could not do any
| thing. He told me that I might make
| some money out of it. But l told him
| that | did not care to be fooling with It,
/ because l was paying teller in the bank
| and did not have any business fooling
with it; that 1t could not be done in my
name. To which Mr.. Sims replied, AS
far as that is concerned, it will never get
out, that will be between me and you
, Nobody will ever be the wiser as far as
| the name is concerned. You can use any
name you want to and rest easy on that
Fictitious Name.
"That was previous to my first transac-
! ton with Gilbert & Clay. The transact
/ ton was done in the name of s. M. Web
ster at my suggestion, after Mr. Sims had
| said that 1t could be conducted in the
name of some other person. The subse-
quent transactions were all done in the
name of s. NJ. Webster. The first trans
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