The Birmingham age-herald., 1907-12-21
SIMS CONTRAD|CTS CH|SOLM EVIDENCE ChisOIm Constantly Operated for His Friend Webster" SIMS TELLS OF MANY DEALS Witness Tells of Others Who Dealt With His Flrm-GovernmentW Will
 Cross.Examine Witness
 This Morning.
SIMS TELLS OF MANY DEALS

which Chisolm had testified as to his knowing that Chisolm and Webster" were the same person. Sims took the stand shortly before adjournment of the morning session and his eross-examina- ton had just been commenced when ad- journments for the night was taken. He will take the stand again tlss morning.
 Alex T. London, J. c. Maben, II. E. Middleton and Gen. F. W. Fucker were presented as character witnesses by the defendants counsel All of these wit nesses testified along practically the same lines, that they had known Sims for years and had never heard anything detrimental to his character prior to the making of the charge on which he is now being tried.
 Contradcts ChisoIm's Testimony. ings of his business, and then of his deal ings with Chlsolm He was shown copy of the testimony given by Chisolm a few days ago and asked whether or not it was true. His reply was: Tt is in- correct, except the statement that we were in the Metropolitan cafe, and he may have also asked me about May cot ton. I did not suggest that he buy cotton futures, and neither did he say that he could not afford to do such things on account of his position. l did not sug- gest to him that he use the name of John Smith. There was absolutely no name mentioned" He also denied that Chisolm had ever told him that he was sick and tired of the business.
 Sims also testified that he did not meet Chsolm on the street in front of the cafe, hut that Chlsolm had come by his office and gone from there to the cafe. adding: "Chisolm came to our office and he and l went from there to the cafe, walking together through the streets. There was no way for us to go out of the rear of our building to the restaurant"
 He also told about the conversation with Chisolm wherein he had asked Cssom to have Webster" give him power of at torney. "Chisom said his friend could not do so; that he was going to New York and would trade some there I asked why he could not trade here just as well, and Chisolm replied that he (Webster) had traded in New York before and would lust carry 1t on there. then offered to give him a letter of introduction to our connection in New York, but Chisolm said, No, that he had a brother-in-law in the business in New York, and that he would trade with him. This brother-in law. he said, was with S. P. Guest X Co.
 "Chisolm also told me at that time. You think my friend is losing very heav- fly, but 1t doesn't bother him. He is very rich and you should see the large checks which pass through my hands every day for him."
 No Chance for Secrecy.
 Sims also said there was no chance for secrecy in the cafe where this conversa- ton occurred. He was asked to explain each of the transactions from the first order given him by Chisolm to the last one. He explained that these orders were always given for my friend Webster" some times they were given over the tele- phone and sometimes in person. He also said that Webster wanted his connection in the matter kept quiet; that he did not wish it publicly known"
 When asked as to whether or not be had ever mentioned ''Webster's" trans- actions to any one else publicly. Sims replied that he had, and told of an in- cident which occurred at the First Ma tional bank. MT McNally of c. D. Free man & Co.,. our New York connection made tour paying visit to the differ ent connections of his house. While he was in Birmingham I took him to the bank, and going up to the paying teller's window introduced him to Chisolm. chjs olm opened his wicket gate and shook hands with him. In introducing Chisolm 1 told MT. McNally that Chisolm was the man whom the orders had been com ing through for Webster Chisolm and McNally then talked for several minutes about margins. after which I showed Me- Nally about the bank As we started out MT. Barr, who Is vice president and cashier of the bank. spoke to me and l introduced McNally to him, and they talked for several minutes about the cot ton market"
 In telling about informing Chisom as to the condition of the market, Sims said, During the course of conversation with Chisolm he asked that I keep him ad- vised as to the markets, and I did so. If there was anything which I thought would be of value to his friend told him about 1t. I received information daily from our New Orleans and New York connection advising as to whether it was we'll to buy or sell cotton. I also re- ceived several special telegrams in re- gard to the market For about two months this information was consistently against the purchase of cotton, and I furnished this information to Chisolm. Chlsolm, however, went directly oppo- site from tfis information. I never once advised Chisolm to either buy or sell cotton, and simply furnished him with this information, which he had re- quested."
 Sims went on to state that Chisolm information which had been furnished and that he had lost heavily. This state ment about Chisolm's losing brought forth strenuous objection from govern ment's counsel which was sustained and 1t was struck from the records. The state ment that Chsolm had acted contrary to the information furnished by Sims was directly opposed to Chisolm's testimony. Chsolm testified that he had acted upon Sims advice and had lost. Sims declared that he had never advised -Chsolm, sim ply furnishing him with the information he desired. .aThe time of my phone con-