The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-11-29
DUBOSE TEST|F|ES
IN HIS OWN CASE
Says He Was Solvent When the
Bank Closed
HAD BROTHERS APPROVAL
DuBose Says Cooper Nearly Took His
Breath Away-Roeers Tells N. w.
Scott 1.-THE Bank Is Busted"
Recess Early Today.
HAD BROTHERS APPROVAL


Recess Early Today.
The trial of Gordon DuBose. formerly
president of the First National bank
of Ensey. charged with embezzling the
funds of the bank, was resumed in the
federal court yesterday morning before
Judge Thomas c. Jones and a jury.
The main features of yesterdays pro-
ceedings were the cross examinat ton of
Silas II. Cooper, national bank inspector,
and the testimony of the defendant HIM
self.
The line of defense was shown when the
defendant testified that at the time he
discounted the notes which altogether
amounted to $4,000, he was solvent and
that the bank was amply secured for the
amount. Much of the evidence given
yesterday related to the financial condi-
tons of other banks and people at the
time certain stock and collateral securities
were given as security for notes which
had been discounted by the First National
bank of Ensley.
When court convened yesterday morning
at 1890 the government recalled Silas
II. Cooper, national bank inspector, who
testified that at the time he examined
the First National Bank of Ensley on
April 20 the defendant was insovent and
the stock held by him was worth moth
In al tactippl That
of the notes held by the bank were
worthless as they We're secured by stock
in state banks, which had been closed.
The witness said that the amount of
money paid out by check to Loveman Il
Co. was s22.713 to Gilbert & Clay $1,000,
to Ware & Leland $3.50, and to Abercrom-
bic G. Co. $1,000.
On DISCRIMINATION by Colonel Cald-
well, the witness said he had examined
the notes held by the First National bank
of Ensley, which showed that he con-
sidered notes amounting to s64,365 were
bad $500 doubtful, and s96,6n good that
among the bad notes he included the
note for $4,000 executed and discounted
by Gordon DuBose. The witness gave
a statement of the liabilities and assets
of the bank at the time he examined it
and that the examination showed the
bank was insolvent.
NJ. w. Scott.
n. w. Scott said he was a director Of
the First National bank of Ensley and
owned ten shares of stock, which was
now worth nothing. Witness said he was
one of the parties who signed the note
note for $4,000, when the affairs of the
First National bank of Ensey were taken
over by the Bank of Ensley and that
there was still $4,000 due on said note.
Witness said he paid $1150 for his ten
shares of stock which had a par value
of $1,000 The witness said he did not
take any active part in the business OF
the bank and that the first thing ne
knew about the trouble was on Sun
day morning about o'clock, when Mr.
Rogers called and told him "the bank
was busted"
On cross-examination the witness said
he used to attend directors meetings
but did not know whose duty 1t was to
look after loans and discounts; that the
management and operation of the bank
was left largely to Mr. DuBose.
J. w. Minor.
]. W. Minor said he was a director of
the First National Bank of Ensley and
owned ten shares of stock; that the
stock had no present value. Witness cor
rotated N. W. Scott in his testimony,
and was not cross examined.
The government stated it would rest its
case upon the testimony then before the
jury and the court took a recess until 3
o'clock.
John 3. Elliott.
When the court convened at 3 o'clock
the defense commenced by putting John
b. Elliott on the witness stand.
The witness said he was president of
the Commercial State Bank, in Brming-
ham; that last April he loaned DuBose
500 upon note; that he did not accept
a policy of insurance security for the
money, although DuBose wanted to bor-
row a large sum of money upon it. Wit
ness said he knew DuBose. had known
him eight years. and always heard him
spoken of as an upright and bla
gentleman.
examined by Judge Roulhac the
witness said he heard the defendant thus
spoken of before the First National Bank
of Ensley became insolvent. Witness said
DuBose wanted to borrow $4,000 on the
policy of insurance, but that he (wit-
ness) refused to make the loan he said
that Mr. Minor and Mr.. Sherman came to
his bank and paid the $500 which DuBose
had borrowed, and took away the policy
of insurance. Witness said the stock OF
the First National Bank of Ensley was
worthless.
John S. Jamison.
John S. Jemison testified that he was
solvent in November 1904, when he exc
cuted note for 5000 which Robert l..
Ivey discounted in the First National
Bank of Ensley, and that Ivey was also
solvent at that time. Witness told how
he became insolvent since then, having
failed in business.
On crosse examination, the witness said
that at the time he executed the note
he was interested in building a railroad,
that he was director of the Lineville