The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-30
Defendant on the 5tard.

EDHllIb themselves SlTitllS u IL
Defendant on the 5tard.
Yesterday morning at 1910 Judge Jones
took his seat on the bench and directed
that the trial proceed.
Gordon Du Bose went on the witness
stand, and in answer to Col. j. NJ Cad-
we'll said that the notes which Inspector
Cooper classed as doubtful were all of
them good, and that many oil those classed
as bad were not really so. Witness said
the Columbiana notes. amounting to $500,
were secured by real estate. lie said that
the notes which had been executed by
Jcmison and Ivey were scured by stock
in the Linevlle bank, and that arrange
ments were being made when the inspec-
tor closed the bank. by which the First
National bank of Ensley would have been
paid $500, the amount of these notes, and
by which the Lineville Bank would have
been saved. Witness asked leave to cor
rect a misstatem which had been made
and gone abroad with reference to his
Indebtedness to the First National bank
of Ensley. He said it was stated that
he owed the bank $4,000, when as a mat
ter of fact he owed the bank $50 900. Wit
ness said further that he did not know
that Dykes was engaged in speculation.
On cross-examination, the witness said
that he and ii. c. Du Bose were broth
ers that his brother was acquainted with
all his conditions, but did not know about
the cotton speculations; that II. C. Du
Bose indorscd several notes for witness
using the Monroe County banks name
that II. c. Du Bose owned seventy shares
of stock in the Ensley first National
nix, valued at $1,000, and he also owned
$4,000 worth of stock in the Llnevile
bank Witness said III. c. Du Bose owed
money to banks in Mobile, Pensacola and
$4,000 to the Monroe County bank. Wit
ness said he knew his brother had no
authority TO sign the name of the Mon
roe County bank as indorser. The wit
ness said he praeticed law once but did
not remember it now. Witnesses said fur
Their that the notes indorsed by Ii. c.
Du Bose were not filled out at the time
OF Endorsement; that he used to send
blank notes and have them indorsed
Witness said that II. c. Du Bose most
likely knew his condition, probably knew
that he (witness) owed the bank $4,000
j. B. Barnett.
Mr.. Barnett said that some member of
his family was sick and he wanted to
catch train leaving about noon.
Mr.. Barnett was questioned about the
solvency of H. C. DuBose. Witness did
not know of his own knowledge what was
the condition of II. c. DuBose, that he.
(witness) had got a communication from
a bank in Mobile, stating that he owed II
money got the information In Septem-
ber 1906; did not know what II. c. Du-
Bose was worth in December 1898. Wit
ness said the bylaws of the Monroe Coun-
ty bank provided for loan committee
The witness was excused by both sides
and allowed to go home.
Gordon DuBose Recalled.
Witness said that according to the
books the stock of the First National
Bank of Ensley, on or about April 20,
1906, was worth $12O a share, being a
premium of $50. Witness said the 1yey and
Jemison notes were for $500 and the
Dykes note for $1,000; that the Dykes rote
was secured by nothing and was a COM
plete loss. The witness said he indorsed
the Dyke note on the strength of repre-
sentation made by Dyke who said he was
Interested in a coal mine in Shelby coun-
ty, out of which he expected TO make
$50 600. Witness said he owned $50 shares
of stock in the First National Bank of
icated Witness said his affairs and trans
actions with the bank were always open
and above board and that Mr.. Cooper
understood that to be so. The witness
said that when he discounted the note
for SIS 900 on October Z, 1906. and the note
for 30,5O0 on October 16. he did not con-
suit any of the directors, but that the
working STAFF knew about it. Witness said
that about ten days before Mr.. Cooper's
to the $4S, 900 note and said 1t made him
(Eubank) feel uneasy and that he had
told Mr. Minor about it. The witness said
Minor called to the bank and made quite
a speech about the matter The witness
further said that the checks paid to the
brokers were on account Of speculations in
cotton and stocks.
The defense announced its case closed
short consultation was held between
Judge Jones and the attorneys with re-
spect to the probable length of time 1t
would take to finish. The government has
two or three witnesses in rebuttal and the
arguments of counsel are to follow. 1t is
most likely the case will be given to the
jury late this evening.
The judge said on account of II being
Thanksgiving day he would take recess
until 10 o'clock this morning.