The Birmingham age-herald., 1907-12-18
CH|SOLM ON STAND
 TELLS OF HIS DEALS
Much WrangIing Between At-
 torneyS In Case Yesterday
FIRST MEETING WITH SIMS
Witness Tells How He Operated Un- der the Name of s. M. Webster. He Was on the Stand When
 Adjournment Was Taken.


 ness stand all of yesterday in the w. L. Sims case and will be placed on again this morning. His direct examination re- quired only a short while, but the cross examination was extremely long, Attor- ney Weatherly beginning the cross ques- toning long before the recess for lunch At o'clock yesterday afternoon MT. Weatherly announced that he was going to cross examine the witness along a different line and suggested that adjourn ment be taken until this morning as 1t would require long while. Court then adjourned.
 Both direct and cross examination figur- ed with clashes between the counsel, Judge Hundley being obliged to call them down repeatedly. The defense objected very strenuousy during the direct exam inaton, contending that the rules of evidence were being broken and the prosecution objected along the same lines during the cross examination Some Of the objections were overruled, while quite a number were sustained.
 Met Sims In Cafe.
 Chisolm on direct examination told of meeting Sims in the Metropolitan cafe while at lunch during the early part of February, and of how the conservation turned to the subject of cotton futures. The defense endeavored to bring out the fact that Chisolm suggested to Sims that he buy cotton through sims house, while the prosecution tried to show by Chisolms testimony that Sims made the suggestion.
 'l1e told me- said the witness, there was a chance for me to make money and l said it would never do for me to be known in the transaction; that It was not proper for a man in my position to be doing such things. He said that was all right; that it would only be between us and suggested that I use the name of John Smith, and I told him l wouldn't do business under that name.
 Tn my first transaction with Sims, or Gilbert X Clay, which was the house he represented, I called him over the tel ephone and asked him to place an order for 5000 bales of May option. l told him to place it in the name of s. M. Webster a friend of mine. lie asked where he was to send the mail and toie him to direct 1t to the bank. Upon lis advice I put a stop order on the deal so that my losses could not exceed sl per bae Cotton declined and l closed the deal at loss of s70OO. The decline was r points, at which, under the stop order, the cotton was sold. It continued it's decline to IS points after which it went up again.
 MT. Hays who was cashier for Sims, came to the bank and collected the money, whidh l handed to him from the paying teller's window. The money amounted to $10OO0 and I put it in an envelope, which l gave to Hays.
 "The total amount of the banks money which I used amounted to $6O,COO, and or this $51 ,95O was with my deals with Gill bert & Clay. l told Sims short while after my losses began to pile up that was tired of the business and he told me not to quit then, that l would make all of my losses back and advised me to buy Southern Pacific stock, which he said would soon declare a dividend.
 My business with Sims began on Feb ruary 15 and continued until June 26. l gave him a good many orders over the telephone, and also had long talks with him at his house over the tele- phone"
 Wranaing Between Attorneys.
 Chisoim then explained how he had identified several checks drawn by Sims through the clearing house and which
 ti af 10 hank He was then turned over to the defense for cross-examination, the noon recess being taken shortly after the cross-ex- animation began. The afternoon session was productive of much wrangling by the attorneys, even Attorney Weatherly and Chisolm getting snappy at each other.
 MT Weatherly introduced as evidence the testimony taken in the examinations held by Commissioner it. B. i-<tts, which he read from extensively. Chsolm ad mitted that this testimony was in sub stance as he had given it, but explained that at the time he gave it that he was completely worn out; that he had eaten practically nothing and had not slept for a week previous to the taking of 1t. This testimony was taken on August 20, 1906 exactly one week after his arrest on August 13.
 Since that time" continued Chisolm "I have had a chance to collect my thoughts and my memory is clearer. , Mir Weatherly began questioning Chis- olm sharply on this and started to show him the record book of the testimony Chisolm did not look at the book, but snapped back, I don't know what's in it! l don't care what's in It. I know these things happened just as l am say ing nowr' Matters were smoothed oye.. and several extracts were afterward read from the testimony by MT. Wealth erly, Chisolm reading the record with him. Chisolm admitted it, but insisted that he should be allowed a further ex- planation. Attorney Weatherly objected to this very strongly and Judge Hundley sustained the objection. saying the ex- planation could be made in the redirect examination.
 On Cross-Examination
 Chsolm testified in substance the fol- lowing on cross-examination:
 My first work was in a wire office marking quotations on the blackboard. I held this job. for two or three sum-. f C..