The Washington herald., 1909-03-31

Thomas c. Hayes. former receiving
teller OF the American National Bank,
was yesterday found guilty. as indicted,
on twenty-four counts, charging embez-
element of s5.SOS2 and misapplication of
the banks funds
The jury which heard the trial IN Crimi-
nal Court No. before Justice Gould re-
manned out thirty-fve minutes. No rec
ommendation 10 mercy was contained in
the verdict
Dr. ". " Stewart. who furnished the
bond on which Hayes was at liberty
during the tendency OF the case. refused
TO furnish the new $500 bond required by
the court. and the prisoner was remanded
70 jail 20 await sentence.
Meeting with Wife Affecting.
The scene between the young man and
his wife when the news of the jury's
verdict was told TO her was affecting.
She was not in the courtroom when the
report OF the jury was announced. but
met her husband In the cage" down
stairs, 10 which he was taken while a
hurried effort was made 10 obtain bond.
Asked II he had anything 10 say re-
garding the verdict. Hayes replied:
MY case viii be appealed. and 1 have
every confidence that will be cleared Of
the charges against me. II / go down
here TO the penitentisry, it will be for
the sins OF another. I am just as able
N hnf
cry man in the face as I have ever been.
know I am honest. and a verdict OF
jury cannot affect that knowledge.
I was anxious 20 take the stand in
my own behalf. but Mr. Davis. my at
torney. did not want me to. or course. 1
would not go against his judgment in a
matter like that"
Maximum Penalty 24O Years.
The maximum penalty the law could
give to Hayes is ten years on each
count. or 20 years in the penitentiary.
The minimum would be a sentence on
one count for which confinement is pre-
scribed OF not less than FIVE years OF
more than ten years.
No defense WAS offered BY Henry Z.
Davis, chief o. counsel for Hayes. He
rested his case. on the contention that
the governments had not proved it's case
on The txeuty-fosr. counts. which were
allowed to 60 to the jury.
Mr. Davis notion. made on Monday.
ITO sQ3ash- certain counts in the indict-
neats was sustained By the court and
thirteen counts were stricken out. The
toUrS slso decided that the government
must elect IN the counts charging en-
bezzlement abstraction. and misapplica-
ton. which one Of the three il would
maintain. Out OF the twenty-four counts
remaining for the jury's consideration
United States Attorney Baker and As
sistant United States Attorney Adkins
selected eu,bezzlen1ent charges in some
cases and nisapplicaion charges in others
Justice Gould eliminated the charge OF
abstraction on the ground that II was not
supported by the testimony.
Attorney illustrates Argument.
The opening statement 10 the fury for
the prosecution was made by Mr.. Ad-
kins. large blackboard was placed
near the jury box, and Mr.. Adkins. with
chalk. went through mathematical COM
putations 10 prove 10 the jury that Hayes
enbezzled money given 20 him as receiv-
ing teller by deposltors. and misdirected
the deposits from the channels through
which they would ordinarily have gone
in the bank. 4Ir. Adkins unfoIded 10 the
jury the belief Of the government thai
Hayes Systematically robbed Peter 10
pay Paul or took from the deposit OF
enc patron OF the bank the money with
which to pay back what he had already
taken from previous depositor. The
argument Of the government to the fury
was concluded by Mr.. Baker.
M Davis, in his argument. praised the
technicalities Of the law, which. he said
were a safeguard to every pleader at the
bar OF justice. He impressed on the i,,rv
the burden placed by the law on the
prosecution TO prove its case, and said n
was not sufficient 10 hale a man into
court. create an atmosphere OF p,Iilt
about him, and convict him on the
strength OF that atmosphere
History of the Case.
The operations for which Havss uos
arrested were committed in the sD-,r,sr
OF 1907 On December p Of that year the
officials OF the bank. who had become
suspicious. called the receiving teller into
the directors room and asked hin, FOR
an explanation OF a discrepancy dis
covered between the amount OF money
actually contained in a package on his
desk and the amount marked on the
cover Inside the package were otber
smaller packages the total OF which
should have equalled the notation on the
outside cover. Hayes counted the MONEY
and announced the sum to be what he
had marked it. Officials OF the bank fhen
reeounted the bills and proved the ais
crspancy- Hayes arrest followed
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