The Birmingham age-herald., 1907-12-24
SIMS JURY STILL. WITHOUT VERDICT HundIey's Charge Concludes
 At 5:3O O'clock ARGUMENTS ON BOTH SIDEd Bankhead, Street, WeatherIy and Bradley Present Case to Jury
 By Reviewing All the
 Evidence. .sA
ARGUMENTS ON BOTH SIDEd

'hal houi Witn the announcement that they would arise early this morning and try to come to a conclusion. Court will be convened at g o'clock and if a yer dict has not been arrived at, Judge Hundley will verx probably declare it a mistral and discharge the jury. The beginning of the third week of this trial was a day of argument. John 1 H. Bankhead, Jr., and James weatherly, counsel for the defense, and District At | torney Street and Lee Bradley. govern ment counsel making eloquent appeals for their respective sides. The large court room was packed all day long with an audience that listened with the greatest interest to every word spoken by the attorneys.
 The last argument was closed by Lee Bradley, who concluded his address at | 425 o'clock. Judge Hundley began his charge immediately, rehearsing the case | completely and explaining everything very carefully to the jury. It required an | hour to deliver the charge. Bradley for Prosecution. l Each side was limited to three hours TOT argument, John H. Bankhead, Jr., | opening for the defense. In the hour | and one-half which followed the court room was literally spellbound, almost ab solute silence prevailing during the en- l tire time. Sims innocence was forcblv declared, MT. Bankhead working up from the very beginning, and showing step bv step how every fact in the case showed sims to be innocent of the charge against | him,
 | District Attorney Street followed with | the first argument for the government The attention he received was also very marked. MT. Street began at the very ! beginning and combatted the arguments I made by MT. Bankhead
 MT. Weatherly then took up the second | argument for the defense. covering the case completely. He created a good deal or merriment by his reference to the First National bank employees as wood en-headed nutmegs." MT Weatberlv wasn't very particular about excepting | any of the bank officials and employees and in very plain language told of what | would allow a man to make away with slooooo dishonestly. The fact that checks TOT huge sums signed by IS. M. Web ster' could have passed through the bank and the clearing house was de- l clared by him to be criminal negligence In contradiction Of the testimony of cer- tain of the banks officers who had testi- lied that these checks had been deposited l Just pefore 10 a. m., the time in which clearing house returns are made, and had passed through unnoticed in the rush. to get to the clearing house, MT. Wealth l erly displayed to the jury checks which showed that they had been deposited aftor 10. a. m., and had lain over until 10 a m'' the next day before going to the | clearing house.
 Mr. Weatherly also dwelt upon the fact that Sims salary was a fixed amount and that he received the same salary right along, no matter how small or how large the business he transacted ''ls it reasonable to suppose that A man would assist in the footing of a bank | when he knew that he would not profit single cent by it, and also when the chance of detection was so great?" was
 
 MT. Weatherly's argument.
 | MT. Weatherly concluded his arg,,ment at l;SO and court took recess until PRO Tor lunch. Immediately after the conven- Ing or the afternoon session Lee Bradley | began the last argument.
 MT. Bradley took up practically every argument set forth by MT. Weatberlv Mr. Weatherly had made a fierce deuncia- ton of Chisolm and attacked his com potency as a witness. declaring him to , De incapable of testifyIng truthfully. A counter attack on Sims veracity and competency as a witness was made b,, Mr. Bradley, who described the office of | which Sims had charge as being nothing more nor less than gambling den, and described Sims as man who was &C., 'quainted with men of the world and knew just how to reach them and entice them into his clutches.
 The letter which Sims had written to Chsolm enclosing a power of attorney to be signed by IS. M. Webster" was used by both Weatherly and Bradley in their argument. Weatherly arguing that | the wording of the letter showed conclu-
 
 that Chisolm and Webster" were the same person, while Bradley argued that the letter showed just as conclusvelv that Sims was aware of this fact. Judge HundIey's Charge. | Judge Hundley. charged the jury that even though Chisolm had been coyicted and was serving a sentence for this very crime the jury must judge him as it would any other witness; that his action rand bearing upon the stand, the way he answered the questions put to him and the many things connected with him in his ar rest and trial might be considered. Sims also must be judged as any other wit ness and his bearing upon the stand | judged the same as any other witness. charged Judge Hundley.
 N The question of intent to defraud' was declared to be a most important one in this case. But this case he con- tlnued could not be one with intent to defraud unless it was proven that Sims | and Cbsolm had jointly intended to de- fraud.
 The question as to whether Chisolm and Sims intended to benefit themselves was said not to be a factor. Tt doesn't mat ter whether Sims received any benefit or not The intent is to defraud and not in- fent to pef funds