The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-21
ChisoIm Unable TO Make Bend
and is Placed in County
JaiI--Othsrs Make Bond
LARGE CROWD PRESENT
At THE PRELIMINARY
The Former Paying Teller of the First
National Bank Makes Full State
ment Showing How He
Secured 100000.

Alexander R. Chisolm. W. L. Sims and
c. M. Hayes were bound over to the fed
eral grand jury by United States Commits
sioner R. B. Watts at the preliminary
hearing yesterday.
Chisolm until recently paying teller of
the First National bank. was given a pre-
liminary hearing on charge of embezzle-
ment of $1,000 from the funds of the
bank His bond was set at $4,000 and in
default OF that amount he was committed
to the county Jail, where he has been
assigned the room Immediately over the
office.
Sims is local manager for Gilbert &
Clay brokers, in whose exchange CHS
olm claims to have lost portion of the
money stolen from the bank. and Hayes
is bookkeeper in Sims office. Both were
given preliminary hearings on charges of
aiding and abetting Chisolm The bond
of the former was set at $4,000, which he
made. It was signed by Gen. e. w. Ruck-
er, G. w. Sherling. ]. v Allen, T. c. Gull
verhouse and w. A. Major.
Hayes bond was at $1,000 and was sign
ed by Culpepper Exum, John L. Raul,
Walker Percy and w. H. Hassinger. the
same men who signed his bond last week
before the preliminary.
In each case the bond set yesterday was
just one-half of the bond demanded be-
fore the preliminary hearing.
Capt. Frank S. White, representing
Ch,solm, waived preliminary hearing but
United States District Attorney Roulhac
opposed this waiver, and the preliminary
proceeded. The commissioner and the dis
trict attorney said that the state had the
privilege of securing the written testi-
mony, and for that reason the preliminary
was desired.
Court Room Crowded.
The trial attracted a large crowd. At
the morning session the court room was
packed with people eager to hear the
evidence and especially the statement Of
Chisolm. which he made voluntarily
saying on the witness stand that he de-
! sired to tell everything that had occurred.
He explained his desire by stating that
he thought it due the bank, his former
| fellow employees and himself that he make
statement
Frank S. White and John London were
the attorneys representing Chsolm, but
they never spoke in court at all. A. O..
Lane represented Sims and Hayes and
conducted the defense, while United States
District Attorney Roulhac and Assistant
District Attorney Steele conducted the
prosecution.
Mr. Lane by his cross examination
sought to show that an effort was being
made to hold the brokerage companies re-
sponslble, and also that Chisolm had
been accorded unusually good treatment
since his arrest, in that he had been al
lowed to live at the best hotels instead
| of going to Jail. He also attempted to
show that Sims did not know in any way
that Chi.oln in his business with the
| brokerage concern was acting for him
self; that Ch,so!m had never told him
| So but had always said that he was act
| ing for r. NJ. Webster of Augusta, Ca
a person who existed only in Chisolms
mind.
/ Mr.. Lane pressed the point in his cross
| examination Of Chisolm and other wit
nesses as to whether or not Chisolm had
told the directors of the bank that he
was solely responsible for his transactions
and that he was going to come up like
! a man and bear the burden. This was
done to show that at the time he made
| the statement Chisolm did not hold
Sims and Hayes in any way responsible
for what he had done.
Chlsolm admitted using practically the
expression referred to above, but said that
he alluded to the officials and employees
| of the bank when he said he had come
back to face the matter like a man and
protect them from undue criticism. Wal
ker Percy, counsel for the First National
bank and director in the bank, while
on the stand, was very positive that he
had not questioned Chisolm in the man.
ner Mr.. Lane intimated In his cross
examination.
No Argument.
At the conclusion of the testimony yes
terday afternoon neither the defense nor
the prosecution desired to make speech
on the case. The commissioner decided
there was reasonable ground for hold
ing all three defendants to the grand
jury, and that he would therefore bind
them over.
Mr. Lane asked that the bond of Sims
be set at not more than $4,000. He said
he thought that was enough to hold him
and to bring him to court. Judge Roulhac
objected and said that the size of the
amount involved had something to do with
the setting of the bond. and that there
fore he thought the bond of Sims and
Chisolm should be at least $25, 900, and
that Hayes bond should be $4,000. The
court agreed with the district attorney In
| the size of the bonds of Sims and CHS
ohm, but thought 5000 was enough to
hold Hayes, in that he was merely an
employe. as was shown by the evidence.
Interest naturally centered in the state
ment of Chisolm. He came to the stand
| after Tom Bowron and A r. Forsyth.