The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1909-06-22


All Probability the Case Will be
Thrown Out ON, a -TechnicaIity-If
This is Done Defendants Cannot be
Reindicted.
Asheville, n, c., June 1S.-A state
ment from an authoritative source to-
day is to the effect that with the old
First National Bank of Asheville cases
involving indictments against Maj. W.
E. Breese, Joseph E. DickerSon and
". H. Penland on a charge of con-
spiracy in connection with the failure
of the bank twelve years ago. are
called in the special term of United
States district court here Monday be-
fore Judge w. T. Newman, that in all
probability the cases will be thrown
out on a technicality and that the last
of these cases, which have been pend
ing before the courts for twelve years,
Will be closed and the matter finally
ended.
This trial is to be had on the indict-
ment charging the three officials Of
the defunct bank with conspiracy
which We're returned at Greensboro
twelve years ago. Another indictment
was returned later. at Asheville, and
after several. trials and conviction of
Major Breeze, the cases We're appealed
and were finally thrown out by the
United States circuit court of appeals
on the ground that two of the jurors,
two negroes had failed to pay their
poll tax. Then it was that the old
Greensboro Indictment was resurrected
last year and cases set for trial here.
A motion to quash the Indictment on
the grounds that three members of
the grand jury had not paid their poll
taxes was overruled by Judge Newman
last summer.
This term Of United States Court
was called specially to try these cases.
IT is contended by lawyers here to-day
that under the law, rather under the
law as construed by these gentlemen,
the Indictment in the bank cases is
identical with the Indictment returned
in the cases recently determined in
States VS.. T. NJ. Angle m the Rem
egar case, and hat when the bank
cases are called there will be little for
Judge Newman to do but accept the
decision of the United States Circuit
Court of Appeals in the Angle and
Renegar cases and order the bank
cases dismissed. This highly interest
ing and important decision in the
Angle and the Renegar cases will, it
is known. be invoked in the bank
cases. The decision of the Circuit
Court of Appeals involves the regular
eIuLh Ii optH COuII Vi IIt anu JUL
Indictment. III point was argued by
State Senate James j. Britt, of Ashe-
Vile, in the Angle case and won. 1t
was simply, in effect, that the rules
Of practice, under the common law.
under the federal practice, and the
practice adhered to in a greater num-
Der Of the States of the Union, is that
all indictments shall be returned into
open court by the grand jury in a
body.
This. it is c~ontended. and it is I'M
derstood, tacitly admitted, was not
done in the bank cases. 1t was his
point tr2t Mr.. Britt argued particu-
larry before the Circuit Court of APP
peals - the Angle case from Den
VIE, and which was also involved in
the NfGegar ease. The Circuit Court
Oh Anptals held that the point was
Well taFen. and in the ReneSar case
nanoed down an important opinion,
nccldIfg both the Renesar case and
me Angie cases on the point. Order.rS
thal ne judgment of the lower court
De dIsir'SSed, the cases thrown out
u court. and the defendants released.
III tic cases. however, where h
statute Of Limitation does not bar the
bTih5lhs OF another Indictment. o
trly returned into open court, the
defendants may be indicted and again
brought to trial.
ms, however, does not obtain with
lie bank cases. The time for anoth-
or Indictment by the grand Jury in
the matter Of the three bank officials
had passed and the event that Judge
on next Monday, holds that
Inc return of the indictment against
Messrs. Breeze, Dickerson and Pen
l2nd was i~rregularly presented. the
cel"nGa ats will be dismissed and the
cases that excited so much interest
attracted so much attention. here
several Years ago, will end forever.
Just what course Judge Newman will
pursue when the point, is. presented.
and Just what authorities, if any, will
be presented by the district. attorney