The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-01
Attorneys Made LING and
Forcible Argument
WAS DEFENDANT SOLVENT?
The Embezzlement Charges Are WITH
drawn-Attorney Caldwell Says It
Is a Battle Between Great
Forces and Poverty.

Gordon DuBose. former president of the
National Bank of Ensey. who has been
on trial in the federal court charged with
abstracting and misapplying the funds of
the bank, was concluded and given to the
jury.
The trial of this case began last week
and has occupied eight days. The defend
ant was charged with discounting his own
notes to the amount of $4,000 in his own
bank when the notes were unsecured.
The United States national bank exam
liner closed the bank last April and the
United States grand jury indicted Gordon
DuBose, who was at that time president
of the First National Bank of Ensley.
All the testimony was closed yesterday
morning when DuBose went on the wit
ness stand TO explain few matters which
had been overlooked the previous day.
Assistant District Attorney n. L. Steele
made the first argument for the govern
ment and was followed by Col. j. NJ. Cald-
well for the defendant. Judge T. r. Rou-
lhac began his argument when court con-
vened at o'clock and spoke for over an
hour.
The counts in the indictment charging
embezzement were struck out by order
of the court and the charges against the
defendant were reduced to two--abstract-
ing and misappropriating the funds of the
bank.
At AS Judge Jones began his charge to
the jury and finished at $50 The Judge
first of all explained the nature of the
charge embodied in the words abstract
and 'misapply' and also what continues
a reasonable doubt The judge ex-
planned the form of verdict to be rendered
according TO the decision of the jury, and
had the forms prepared and given to the
jury.
a verdict is expected when court meets
this morning
When the federal court convented yes
terday morning Gordon DuBose went on
the witness stand to explain his reasons
for indorsing four notes for $4,000 each
which Dyke had discounted in a Chatta-
nooga bank. The witness said that Dyke
told him about a big transaction he was
making in coal lands, out of which he
Dyke expected to realize $50 900, and that
several people had spoken to him (wit-
ness) about Dykes prospects. Witness
further said that a couple of weeks before
the national bank inspector closed the
bank he twitness) was making negota-
tions with a Mr.. O'Neil in New York to
sell out his entire stock in the bank at
the rate of s175 per share.
By agreement between the attorneys it
was admitted that the defendant was a
man of good character. This closed all
the evidence in the case
No Embezzlement.
Judge Jones announced that according to
the law there had been no evidence given
to support the charges Of embezzlement
in the indictment and that therefore he
would order these counts struck out: but
that he would leave the question of the
abstracting and misapplying to the jury.
N. B. Steele.
Assistant District Attorney n. b. Steele
opened the arguments for the government
by complimenting the jurors ON their
patience and attention during the trial
He said the question of the defendants
guilt or Innocence would be cleared up
by the jury under their oaths to find
true verdict. Counsel related the history
of the case in few brief and clear SEN
fences leading up to the discovery Of the
$4,000 note which DuBose had discounted
He forcbly dwelt upon the fact that out
of the $4,000 capitol of the bank only $1,000
and that there were worthless notes to the
amount of $4,000. He said that instead of
the stock in the bank being worth $50
premium ii WAS not worth so cents on the
dollar; that instead of DuBose's stock
being worth $4,000 as he claimed 1t was
worth not more than s2S,I10
Taking up the list of assets which D,i-
Bose claimed he owned then and the value
set upon them, Attorney Steele riGiculei
the whole matter He said DuBose had
taken the money of stockholders and de-
positors, the saving and earnings of the
poor working people and gambled with it
in bucket shops in Birmingham. 1.-The de-
PENDANT tells you, gentlemen OF the jury
that he had notes for $4,000 payable 20
himself, and he can't tell you a name or
a date one of these notes. He told
that story to Mr.. Cooper when he was
asking for time to settle his affairs, aud
he tells it to you now when his liberty
is at stake"
John M. Caldwell.
When the assistant district attorney hod
concluded, Col. J. NJ. Caldwell followed
on behalf of the defendant. lie COM
menced by thanking the cou1- aor re-
ducing his 1abors down TO defense OF
only two charges instead OF three coun-
sci was about to. begin upon the notes
discounted by Iyey and Jemison. when
the judge interposed and said that the
action OF the defendant in regard to ti,ese
notes carried no tinge of cr;minaTity and
could be altogether omitted in the argu-
ment.
Careless Directors.
Counsel said that more than sixteen
years ago Gordon DuBose had quit tile
practice of law and went into the bank
ing business in Alfalfa; that he came 20
Ensley and bought $4,000 worth of stock