Evening journal., 1908-10-01
KIMBALL CASE
IS ABANDONED
Jury Returns Verdict of mot
Guilty Against Former
Insurance Broker

James G. Kimball, the aged man
who was accused by the E. l. dupont
Powder Company Of the embezzlement
OF $24lO.59, while acting as an insur-
ance broker for the company was ac-
Quilted Of the charge in General Ses-
sions Court this morning after the
state had failed to show that Kimball
had actually embezzled lawful money
Of the United States.
Mr. Lambert was the first witness
called to the stand this morning for
continued examination by Attorney
General Richards relative to his audit
or kimbalis books, which revealed the
alleged shortage. Witness said the
exact amount was S241O.59. Mr.. Lam
bert then read from Kimbalrs cash
book certain entries, representing
checks in the main, which Mr.. Lambert
as auditor had failed to find equivalent
for In kimbalPs bank book as agent
for tho company Mr.. Ball objected to
the introduction OF this line of tes'i-
inony, ticking the ground that the DO, *
had been offered I'm evidence for what
1t was worth, and that the testimony
would he material only after addition
al evidence Of the alleged shortage was
shown against Kimball. The court de-
cided against Mr. Ball, however, and
Mr.. Lambert continued to read from
the cash book other items which he
said constituted the alleged shortage.
There were about twenty-five Of the
items, ranging between $3.50 and $3.50
Mr. Lambert said he had called the at
tention of Kimball to eight of the
items and had been told by him that
the amounts had been deposited with
the Security Trust and Safe Deposit
Company, where Kimball kept his pri-
vate account. His account as agent
for the company was with the Will
mington Trust Company
Witness is Gross Examined
Upon cross examination by Mr.. Ball
Mr. Lambert said Kimball had given
him every assAstance in making the au-
dit which disclosed alleged shortage
Mr. Lambert could not say that each
Of the items was money. but might
have been either check, due bills or
bills Of exchange. During direct ex-
animation he had told Mr.. Richards
that the shortage was in lawful money
of the United States.
Mr.. Ball then handed TO Mr.. Lambert
several checks, representing insurance
premiums which the witness said had
been turned over to the rightful owners
by Kimball.
"If this money was paid by Kimball
TO the persons to whom It belonged. how
can you say that Kimball is short in this
amount?" inquired Mr.. BAH.
Because his bank book does not show
the deposit Of the check" was Mr. Lam
bert's reply.
"You mean his books with the VIII
mington Trust Company does not show
the deposit?"
Yes" Mr.. Lambert relied.
Handing Mr. ambert another check.
the witness said it had not ben paid to
the rightful owner by Kimbali out Of ac-
tual funds OF the Wilmington Trust Com
pany, but out Of other funds held by
Kimball. This, Mr.. Lambert said. made
an actual shortage in his account as
agent for the du- ont Company.
Witness said Kimbalrs alleged actual
shortage at the time the audit was made
was S,2is.25 and that ayment Of SSs8266
by Kimbail since had reduced the amount
to that set out in the indictment
Concerning an overdraft. which Mr.
Lambert said he had found against
Kimbalrs account. as agent. with tho
Wilmington Trust Company, Mr.. Ball
had Mr. Lambert admit that the over.
draft could not have existed without
the knowledge Of those officials Of the
dupont COMPANY who supervised KIM
balls accounts and countersigned his
checks. Mr.. Lambert then left tho
stand
THE CASE FAILS.
Mr.. Richards Immediately called Mr..
Lambert into his private room and af
ter a brief absence the prosecuting at
tornev returned and asked the court to
instruct the jury 10 return a verdict foi
the defendant. This was done Both
Mr.. and Mrs. Kimbalrs eyes filled with
tears as they received the congratula.
tions Of many persons, and the couple
left the court room in company with
their attorneys. Messrs. Baal and
Cooper.