The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-21

had made up his mind to come home and
face the music. He asked why he had not
come right out and said that he was guilty
at once instead of waiting until he saw
that he was fairly trapped and that the
directors were going to search his dress
suit case for damaging papers against
him. Chisolm replied that It was human
nature to try every plan to get out, and
that he finally decided 1t was no use to
try to conceal tho matter any longer
when he saw that the di-eotors would get
the receipts from the stock brokers.
Chisolm told about his trip, stating that
he had gone part of the way on the same
train with Mr. Hassnger and a friend Of
his. and that all the way to New York ke
had been with one of his Birmingham
friends He said that he had acted as If
there was nothing the matter, but that he
had felt the other way and was inwardly
greatly disturbed but could not see any
reason why he should let the fact be
known.
In regard to the visit of the bank ex-
aminer Chisolm testified that he would put
charge tickets on his hook for the amount
he was short between $1,000 and $50, 600.
and that he would charge that to the ac-
count of some depositor, probably one of
the large companies. He said that this
would account to the examiner for the
difference in the cash on hand and what
the books had shown, and that 1t would
pass the examiner just as any check
would. On the following day he would
make a deposit check for similar amount
which would balance the account and
nuld cause a cross entry on the books.
This would not affect the depositor or
would not show on his pass book. He
went into a minute description of this
method on his part, explaining it fully.
In this same connection he stated that
ha 1,nd fl,a ahn lie rsftr 1af 1,rr
Gilbert & Clay through the clearing house
and that he had placed them to the bank S
credit when he received them. He ex
planned that system also, and said that
they were made out to r. M. Webster,
and that he would endorse them on the
back by signing r. NJ. Webster's name.
Attorney Lane wanted to know IL that
was not forgery and the witness replied
that so far as he knew there was no such
man as r. M. Webster
Mr.. Lane frequently during the trial
would repeat a question already answered
by Chisolm especially in regard to dates
and conversations, and Chisolm was I'M
able to tell him the exact dates of any
conversations with Mr.. Sims or a num-
Der of other matters that happened. such
as the day he took the money from the
reserve fund.
At the Metropolitan.
The attorney dwelt upon the conversa-
ton between Sims and Chisolm in the
Metropolitan cafe. The testimony showed
that Chisolm had taken the initiative In
asking about cotton. Mr.. Lane also had
the witness state on several occasions
that he had never told Sims that he was
using the money of the bank, that he
had told Sims and Hayes that Webster
was a man with plenty of money and that
he frequently said he would have to con-
fer with his friend, leading Sims and
= I,o ttr4fr FAr
another. The burden of his cross xamina-
ton was to show that Sims never had
any information to lead him to believe
that Chisolm was using the banks money,
or that things were other than what
Chisolm represented them to be. He also
showed by his cross-examination that CHS
ohm was of an age of discretion and not
to be led aside into temptation by others.
After the testimony of Chisolm, the
government rested and the defense placed
Culpepper Exum a director of the bank
ON the stand. Mr.. Exum told of the d.
rectors' conference in the office of Mr.
Percy on the night that Chisolm was ex-
pected home, and also the following morn
ing after Chisolm arrived. IN reply to a
question Mr.. Exum stated that chisolm
had said that he would assume all blame
and that no one else was to blame. Mr..
EXum thought that Chisolm had referred
to the bank people only but this was
ruled out.
w. II. Hassinger, another director of the
bank, was asked about Chisolm's state
ment In regard to who was involved and
replied that Chisolm had stated that he
alone was responsible but that this re-
ply had been to a question as to whether
any one else in the bank was involved.
Witnesses for Defense.
Walker Percy director, and attorney for
the bank stated, in reply to Mr.. Lanes
question:
81 asked Chisom a question along the
line that you have inquired about, Mr..
Lane, but it was not substantially as
you put the question. ! asked him whether
he had any confederate in the bank or
outside who executed these transactions.
lie said he had not and / asked him II
there had been any friend or outsider
who had aided him, and he replied that
there had not been any. ! addressed the
questions to him particularly as to wheth
er he had given the orders for the trans
actions direct or had some one acted for
him. He replied to me that there had not
been any intermediary but that the trans
actions had been only between himself
and Smith or Sims Chisolm said to me
that he did not believe it was possible
that Sims did not know of the nature
of the transactions, and that he (Chisolm)
believed that Sims understood about them.
Il asked Chisom the question: Did
Sims know that was the banks money!
and Chlsolm replied: Mr.. Percy, do not
see how he could help it, ="
Mr.. Percy then went on to testify thai
the name Webster had been used to de-
ceive the public the firm of Gilbert &
Clay, but never Mr. Sims in his opin-
ion. He also stated that he did not believe
that Hayes was In any manner guilty,
but had merely acted on instructions from
Mr.. Sims. lie said that the evidence bore
out this statement.
Mr.. Percy said further:
II want to say this for Chisoln,. IL
you will allow me. There never was q
time during four hours OF as trying or
deal as a man ever went through that he
was willing to cast any suspicion on any
other officer or employe OF the bank, al
though l asked him If anyone else HAD
demo 1t or If he could give any other
solution. He would reply no, and he de-
clineG time and again to indicate any
belief that any Of the parties that had
worked with him had taken the money.
HE never told me that he had any yea
son to suspect either Hayes or Sims His
statement to me was directly TO the con-
trary. In my talk with Mr.. Chisolm In
going over this matter of the transaction
with Gilbert & Clay. asked him, / said:
Alex, did Mr.. Sims, in your opinion.
know that this was the banks money
that you were handling and you were rep
resenting as yours?' and he said 4 don't
see Mr. Percy, how he could have Fad
any other idea But so far as Mr. Hayes
was concerned In the conversation / had
with Chisom. Hayes was always spoken
of simply as a clerical man.,