The Birmingham age-herald., 1906-11-27

 States vs. Gordon DuBose was set for trial. AS both sides had announced ready on Saturday, the impaneling of the jury
 was immediately taken up.>~After both sides had excused certain jurors from service the following were sworn: J. A. Jones, M A. Fields, G. P. Self, James Ryan, c. NJ Weeks, H. S. Smith, T. o. Mcconnell, Henry Harper, R. E. | McCurday, G. B. Jordan, J. T. Engle and Lucius Swindle.
 The government called the following witnesses:
 J. W. Minor, N. w. Scott. P. A. Eu-
 banks, M. H. Sherman. s. L. Cooper. M. H. Burk, F. P. Loveman, A. P. Love-
 man and J. B. Burnett Col. John M. Caldwell, representing the defendant, said he had not summoned any witnesses, but that later on he might introduce certain character witnesses,
 and that he wished to put the government on notice.
 Assistant District Attorney N. l.. Steele proceeded to read the indictment, which is set for in 172 counts, consisting Of 31S closely typewriter pages. He read the three first counts, which charge the defendant with embedding, abstracting and misapplying the sum of $14, 50, each count specifically charging the offense in one of the forms alleged.
 The following is one of the counts.
 charging the defendant with misapply- ing one of the sums of money:
 The grand jurors of the United States of America, being duly elected, impan- fo inn vii in and for the body of the southern di- vision of the northern district of Ala bama, upon their oaths present:
 That Gordon DuBose, late of the town of Ensley, in the county of Jefferson, and state of Alabama, heretofore, on. to-wit: the 7th day of October, in the year of our | Lord, one thousand nine hundred and l five. and that then and there in the di- vision and district aforesaid, and within | the jurisdiction of this court, the said l Gordon DuBose, being then and there president of a certain national banking association then and there being body corporate known and designated as the First National bank of Ensley, In the town of Ensley in the county of Jeffer- | son. and state of Alabama, which said banking association had been therefore l created, organized and established, and
 was then and there existing and carrying 1 on a. banking business at said town of l Ersley, in the county of Jefferson a' state of Alabama, and within said dis | trict thereof, under the act of Congress | in such cases made and provided. | That he, the said Gordon DuBose, so heins president of said national banking | association as aforesaid, and by virtue | of the official relation of the said Cor don DuBose as president of said national banking association, and by virtue or the power of control, direction and manage | ment which said Gordon DuBose as such president of said national banking asso- | citation possessed over the moneys, funds and credits of said national-banking asso- citation, on the seventh day of October, | 1905. then and there at said city of Ensley and county of Jefferson, in the state or | Alabama, in the division and district aforesaid. did wilfully, wrongfully, unlaw- | fully and with intent to injure and de- | fraud said banking association, and divers other persons to the grand Jurors aforesaid unknown, and without the knowledge and consentA of the said na- tional banking association, its board of directors and committees, and for the | use benefit and advantage of the said | Gordon DuBose and other persons to the grand jurors aforesaid unknown, mis- apply certain of tbe moneys, funds and ! credits of the said national banking as- sociation, to-wit: The sum of fourteen thousand, seven hundred and eighty-two in ha manner and by the means following: that | is to say that he, the said Gordon Du- Bose, as president as aforesaid, of said l national banking association. did, on the said seventh day of october, 1905, will | fully. wrongfully and unlawfully and with the intent to ipjure and defraud | said national banking association, and said divers other persons to the grand jurors aforesaid unknown, then and there | receive and discount, with the moneys. funds and credits of said national bank | ing association, a certain promissory note made. drawn and signed by one l Gordon DuBose, dated on the twenty | eight day of July, 1905, for the sum of fifteen thousand dollars (s15OOO, due and payable on the first day of January, 1906, | ana enQOrSeQ Dy nuOIIOc Souhly bdhh and Trust company, Monroeville, Ala, by H. c. DuBose. cashier. more particular l description of said note is to the grand jurors aforesaid unknown, and which said promissory note, when 50 received and discounted as aforesaid, was not then and there well secured, and the endorse
 ment of the Monroe County Bank and
 Trust company was wholly void for want
 of consideration, as he, the said Gordon
 DuBose, being then and there wholly in-
 solvent and owning no property subject
 to execution and that said endorsement
 by said Monroe County Bank and Trust
 company was void and not binding upon
 said bank, as he, the said Gordon Du-
 Bose, then and there well known at the
 time. and which said amount of $14 7S2.5O,
 1t being the proceeds of said note afore-
 said, was wholly lost by the said na-
 tional banking association, and so the
 grand jurors aforesaid, upon their oaths
 aforesaid do say that he, the said Gordon
 DuBose, as such president of said nation
 al banking association, as aforesaid, In
 the manner and form. and by the means