The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-01

the confidence which the directors of the
bank reposed in him was no excuse for
his conduct and came with very bad grace
as a defense.
Judge Roulhae reeapitulated the EVIL
dence, showing how the defendant bought
stock from Mr. Minor and paid for 1t
with money belonging to the bank; that
he discounted a $4,000 note on October
T. and a few days later discounted an
other for $50 500. which included the pre-
vous $4,000 that little later he dis
counted note for $4,000 and followed 1t
up by dlscounting one for $4,000 and final
~ reached the limit of $4,000 Counsel
then proceeded To analyze the securities
for these discounted notes which eventual
ly came down to an Endorsement pre-
sumed to have been made by the Monroe
County bank. but which was in fact,
no security at all. as the bank had never
given any authority for the Endorsement
and had received no consideration for II.
State Banks.
Judge Roulhae drew attention to the
fact that DuBose traded with state banks
I'm Exiting" paper because he knew there
was no government inspector to fear. lie
said DuBose was nsolYent at the time
he discounted the notes i'm the bank and
that he must have known he was in
solvent. He told the jury they must conS
slider this case in the light as 1T wasN
presented to them: that no weight should
be given to the mere fact that the de-
PENDANT was a man of education or posi-
ton and that the jury should remember
their duty to the public and protect them
and their property.
Judge Roulhac spoke for over an hour
during which the jury listened to him
with close attention and followed his
arguments and conclusions with lively
interest
torneY's argument to the jury. the court
took a recess for half hour while Judge
Jones looked over the Indictment
At $40 Judge Jones resumed court and
asked the attention of the jury while he
gave them some explanations and in
structlons on the law which would guide
them in the case. He said that the first
principle laid down by the law was the
presumption of every mans innocence
until this guilt is proved beyond a reas-
enable doubt. The judge read several
authorities upon what constitutes reas-
on able doubt. but said that none of them
helped to make the matter any way clear
to a jury. "A reasonable doubt said
the Judge, lis purely a matter Of con-
science and instinct which actuates every
man. when considering his duty. to his
God and his fellowman.' Judge Jones
then proceeded to define the words 'tab-
stract" and 'misappy' as used i'm the
lldittfileHl ana Whit CONSTITUTED the III
gradients of the offenses He read a count
under each charge from the indictment
and said that all the counts charging
embezzlement had been eliminated. lie
impressed upon the jury the Importance
of this case TO the government. to the de-
PENDANT and to the public. He said there
are certain laws governing the conduct
of offices Of national banks which the
officers are presumed to know, such as
that banks must not buy their own stock
and no loan must be made to anyone per-
sor exceeding 10 per cent Of the capital
stock of the bank
Main Issue.
In concluding his charge the judge said
the main issue in the case was plain:
that IT. was a question of the dishonesty
of the defendant "a mistake of judg-
ment. and that the jury must decide that
question Did the defendant get the
money on paper lie knew to be worth