The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-02
.DUBOSE CONVICTED
IN FEDERAL COURT
Sentenced to Five Years in the
Penitentiary
MISAPPLIED BANK FUNDS
Colonel CALDWELL Makes Motion for a
New Trial, Which Is overruled. r
Prisoner at Present Con- r
fined in County Jail.

Gordon DuBose. former president of the
First National Bank of Ens1ey, was con-
victed Yesterday morning in the federal
court of. misapplying the funds of the
bank and was sentenced to five years in
the penitentlary.
The case has occupied the attention of
the court for more than a week and was
strenuously fought by the government
and the defendant The Indictment re-
turned by the grand jury charged the
defendant with embezzling, abstracting
and misapplying the funds of the bank to
the extent of $4,000 and was based upon a
series of notes which DuBose had dis
i counted without putting up any collateral
security. .m
Yesterday moWling when Judge Jones
took his seat ongthe- bench in the federal
court, the jury was already in the box.
The attorneys for the government and
the defendant were seated at the tables,
as was also the defendant himself.
+ Gentlemen said Judge Jones, '1ave
you reached a verdict? Hand it to the
clerk
The clerk took the papers and looking
over them, saw there was something
wrong. Judge Jones quickly corrected the
wording, and the clerk read the ver-
dict:
I'VE, the jury, find the defendant not
guilty of all the counts in the indict-
ment charging embezzlement.
"We the jury, find the defendant not
guilty of all the counts in the indict-
ment charging abstraction.
"We the jury. find the defendant guilty
of all the counts in the indictment charg-
ing misapplication.
(Signed) ~. A JONES, Foreman
While the verdict was being read pro-
found silence prevailed in court and for
few minues after no one made move.
Colonel Caldwell arose and gave notice
of motion for a new trial, which Judge
Jones said he would hear at II O'Clock.
At IL o'clock Judge Jones came into
court to hear the motion for a new trial,
tice
Colonel Caldwell read the motion, which
set forth the grounds upon which it was
made. 1t stated that the evidence did
not sustain the verdict; that the defendant
was solvent when he executed the notes
and that he was solvent at the time the
bank was closed.
No arguments were made by either side
and Judge Jones overruled the motion.
District Attorney Roulhac asked that
sentence be passed and he handed the
Judge the statute under which the priso-
ner was convicted.
Judge Jones asked the prisoner if he had
anything to say why sentence should
not be passed upon him. The prisoner
arose and produced a paper which he
said was a full and complete statement
of all his transactions with the bank, and
that it showed his condition was solvent
all the time and that his assets were
always far beyond his liabilities.
The judge intimated that he could not
go into that matter, inasmuch as the
jury had passed upon that question and
he had already refused to set the verdict
aside. Judge Jones said he did not wish
to cut the prisoner off in anything he
might have to say, but that the merits
of the case and the transactions with
regard to the notes had all been disposed
Of The prisoner declared his honesty and
solvency throughout all the dealings with
the bank, and then resumed his seat.
Judge Jones said that the full penalty
in such cases was ten years, but in this
case he would give the minimum pen
atty. 1.-THE sentence of the court is that
you be imprisoned in the penitentiary for
five years." With these words, Judge
Jones rose to leave, when Colonel Cald-
WELL on behalf of his client expressed
his thanks to the judge for his leniency.
Gordon DuBose is confined in the county
Jail for the present. 1t is expected if no
appeal be taken, that he will be taken to
Atlanta early this week, where the gov
eminent has a penitentiary.