davidaulloa/AmericanStories huggingface dataset:
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-10-25

Eoyt, who was president Of the Ma
tional Bank of Indianapolis, and who
had loaned money to the Indianapolis
Cabinet company, an insolvent cor
poration. From this Mr.. Cochrane
stated that when there was no rea-
sonable belief that the money would
be repaid, the loaning of the funds
was an unlawful act.
Mr.. Cochrane quoted from the case
Of the United States against Stein
man, in regard to the overdraft ques-
ton, to show that there were two
kinds of legitimate overdrafts, in both
of which there should be abundance of
credit.
1t is possible that this case against
Mr. Carlisle will set a new precedent
in court decisions. Mr.. Cochrane
stated that he had not been able to
find a case similar to the counts
which charge the payment Of the
"bonuses" for the extension of credits,
but reasoning from the theory, he
stated that the funds should have been
deposited with the bank, as Mr.. Car
Isle was acting solely for the bank,
and the parties making these gifts,
had received nothing for them except
the extension of credit from the bank.
It being understood that the presi-
dent was acting for the bank, this in
stitution might possibly be prosecut-
ed for usury on this account.
This statement of the case was
made to the court, and not to the
jury, and Judge Brawley will prob
ably rule upon them in his charge
to the jury before the case is turned
over to them.
Mr.. Blease not wishing to begin his
argument before the dinner recess,
court adjourned, reconvening at four
o'clock, at which time the attorney for
the defense made his argument before
the jury. Beginning, he read from
the national banking laws, to show
among other things, that the oath
taken by the directors in taking this
position made them promise not to
knowingly violate or permit to be
violated any Of the provisions Of the
act, governing national banks, and
other portions of the law we're to
the effect that should any Of the Of
fcers or directors of the bank know
ingly violate or permit any officers,
servants or agents of the Association
TO violate the provisions of the act, the
rights, privileges and franchises of the
association would be forfeited.
Mr.. Blease alleged in his argument
that there had been conspiracy on
the part of the directors Of the New
berry National Bank to put Mr.. Car
Isle in the penitentiary, in order to
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-10-25
er Floor, ST. SO and $780, Balcony, 75c. and 5Oc Sea

had been entered in the list Of assets
of Mr.. Carlisle Mr.. Smith testified
yesterday that at the time he went
into these affairs, the bank had made
loans, etc., which reduced the value
of the stock to not more than par,
according to the calculations.
After this conclusion of the cross
examination, Mr.. Cochrane announced
that the government rested its case.
A short time was asked and granted
the defense for a consultation, and
when they had finished this, they re-
turned to the court room, and stated
that they would put up no witnesses.
Mr.. Cochrane then made statement
of his case to the court, it being un-
derstood that the defense was to have
two arguments to the jury.
Mr.. Cochrane stated that in refer
ence to the various counts in the in
dictment, the petition of the prosecu-
ton would be that the circumstances
attendant upon these transactions of
the defendant would show such a
want of good faith that the law would
raise presumption from the circum-
stances in the case that he intended
to defraud. He intended to show that
the only question the jury would have
to pass upon, of all the allegations,
rests upon the application of prir.
cipie of the supreme court, and fo:-
lowed by the lower courts, that 4
man is presumed to intend the natui-
al and necessary consequence of his
acts Continuing, Mr.. Cochrane said
that when it is shown that the facili-
ties Of tue bank, in the way of max
ing loans, discounts, etc., were les
sened, on account Of these acts, the
intent to defraud the bank is pre-
sumed. This presumption, however,
is not a conslusive one, but may be re-
butted by testimony. Conviction,
however, follows, if it is not rebutted,
this throwing the burden in this par
ticular case upon the defendant.
Mr.. Cochran also stated that it was
not necessary that there should be
malice toward the bank, but that the
same results might follow from an
attitude for the success of the bank.
Even if the defendant temporarily
violated the banking law, his inten-
ton to reimburse the bank is not an
excuse. A number of cases, contain
ing the decisions of the supreme
court were cited by Mr.. Cochrane
during the statement of his case, both
as to the above, and other points
brought out by him.
Several Of these cases we're similar
in circumstances to the one now be-
fore this court One in particular was
that of the United States against one
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-10-25

was only s446.73. In regard to the
assets which Mr. Carlisle had in
cluded in his offer Of settlement with
the bank, Mr.. Smith stated that he
had been over them, and considered
the three hundred dollar check sign
ed by j. A. Blackwelder, worthless.
When asked if Mr.. Carlisle had stated
that it would be cashed, Mr.. Smith
replied that the letter. stated this
amount to be in cash. The B. F. John
son Publishing company stock Of par
value $1,000, was estimated by Mr..
Smith at $500, and the insurance poll
cies, he stated, he did not consider
bankable assets.
In regard to the checks drawn, Mr..
Dominick asked if it were not fact
that during the period covered in the
indictment, Mr.. Carlisle deposited
within S446 of what he had drawn
out, to which the witness answered
yes. When asked, however, what was
the total increase in the overdraft
from December 81, 1907, to the time
Mr.. Carlisle retired from the bank,
Mr.. Smith stated that it was the total
amount Of the checks drawn during
that time-s4,262, etc. On going over
this, which from one point of view
appeared contrary to the books, Mr..
Smith stated that all the deposits
made within this time would have
lacked eleven hundred dollars of
meeting the overdrafts up to the be-
gining of 1908. There was some
question about this method of COM
putting the matter, and when some
question was asked in regard to the
books, Mr.. Smith stated that he con-
tended that the books were not cor
rectly kept, and later stated that the
books were kept under Mr.. Carlisle's
supervision. He stated that he had
found that at times Mr.. Carlisle had
made out loans and discount slips and
handed them to the bookkeeper, there
by making him believe that deposits
had been made in his name.
It had been stated that Mr.. Car
Isle had paid to the bank, during
1908, the year covered in this portion
OF the Indictment, only about s446
less than he had drawn out. Mr..
Dominick asked Mr.. Smith to estimate
the value of the assets given over to
the bank by Mr.. Carlisle in his offer
of settlement, and which had been
kept by the bank among the assets.
This being done, he asked the witness
if il were not fact, from this compu-
tation, that Mr. Carlisle had actually
paid into the bank during this period,
about eleven hundred dollars more
than he bad drawn out. Mr.. Cochrane
objected on the ground that there was
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-10-25

no testimony TO show that the poll
cies, etc., had been paid over to The
bank for the deposit account. The
matter was not pushed. Mr.. Dom
mick, however, mentioned two Of the
notes which had been drawn by Mr..
Carlisle, and asked if he had received
any money from the bank upon them,
to which the reply was in the mega
tive.
The indictment charged that the
personal account of Mr.. Carlisle had
had the banks funds misapplied to it
to the extent of about eighteen or
nineteen thousand. Mr.. Dominick
asked if this did not include all the
Indebtedness of Mr.. Carlisle since his
first connection with the bank, to
which the response was in the affirm
ative.
The amount paid over to Mr.. Car
Isle, according to the testimony Of
J. J. Lane last week, for the extern
sion Of credit, was taken up. The
average Indebtedness of Mr.. Lane was
found to run from ten to twelve thou
sand dollars year, and the highest
amount paid by him, $500, during any
one year, was computed to be five
per cent. of the ten thousand dollar
loan. The further pushing of this
point was dropped, the prosecution
stating that the government would
agree that the bank received the reg
ular rate of discount on these loans.
The average loans of the bank,
since Mr.. Carlisle had been president,
were found to be from the report to
the comptroller, in 1908, $4,000, and
in 1907, s466,OOO.
Mr. Dominick asked the witness if
he had found that Mr.. Lane and Mr..
Purcell were the only ones who had
made these "bonus" gifts to the presi-
dent of the Newberry National bank,
Mr.. Smith replied that they were not,
but that they we're the only ones men
toned in the indictment. This mat
ter was not pushed any further than
this point, Mr.. Cochrane having warn
ed his opponent before the answer to
the question, that he would also fol-
low up this "hearsay evidence" if this
answer was given. During his own
cross examination, when this matter
was taken up with Mr.. Smith by Mr..
Cochrane, Mr.. Dominick objected, and
this was sustained by Judge Braw-
ley
Mr.. Cochrane took up the cross-ex-
animation shortly after this, and ask
ed about the value Of the bank stock
owned by Mr.. Carlisle, it having been
brought out during the day before
that the book value showed them
worth more than par, at which they
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-10-25
Endorsed by the Press, the Pull pit and the Public


fill
NORFOLK Thomas Dxons p The Sins of the
NORFOLK audiences As
is fautes."
OBSERVER: powerful
drama masterpiece
RALEIGH EVENING "Dxons latest play with
Far to
deserve thief of publc
Smyrna times., 1910-07-27
BLACKBlRD.
Epworth League Notes--Local and
Personal Mention.
parents.

Blackbird, July 26:-Our Epworth
League services will be lead next
Sunday evening by Miss Maud Walk
er, the topic being, 1.-The Life Here
after
Personals--Miss Lillian West of
Townsend, spent last Sunday with
Mrs. Joseph Hutchinson, Jr.-Mrs.
Lidia Alfree and son Alexander, of
near Townsend, visited her daughter,
Mrs. VIM. Fortner, last Wednesday.
Mr.. and Mrs. VIM. Tomlinson are
visiting relatives and friends in Will
mingt m and Philadelphia. Miss L.
Ethel Taylor spent one day last week
in Odessa. Mr.. Martin Shaw of Will
mington spent last Sunday with Miss
Beulah Buckson. Misses Martha
and Eva Ennis of near Clayton Wis
tied their uncle Mr.. and Mrs. George
S. Heinold last Thursday. Mr.. Irv-
ing Brockson of Middletown, spent
Sunday with his uncle Mr.. and Mrs.
j. Edmund Brockson. Mrs. Helen
Vanhorn, of Pennsylvania, spent Sun
day with her mother, Mrs. Fannie
Guessford. Miss Florence Heinold,
of the Station, visited Miss Nora
Watson on Sunday. Mr.. Newlin
Buckson, of St. Georges, has re-
turned home after spending some time
with his uncle, Mr.. and Mrs. James
A. Buckson. Mrs. W. A. Watson
spent Sunday with her mother, Mrs.
Fannie Guessford. - Miss Beulah
Buckson spent from Saturday until
Monday with friends in Middletown.
Smyrna times., 1910-07-27
EAGLES FROLIC AT TOWNSEND
Had Jolly Time After Public install
ation of Their Officers.


lation of Their Officers.
Townsend, July 26:-On Wednes-
day evening last, Appoquinimink
Castle, No. 10, K. G. E. held a public
installation of officers, Grand Chief
]. F. Mcdonald with full staff of
officers from Wilmington installed the
following officers N. c., T. S. Enos
V. c., G. R. Lynch; H. P, B. W.
White; V. H., ]. P. Pritchard; K.
of E., w. G. Knotts; C. of E., H.
J. Naylor; M. of R., C. D. Stats
Sir Her., H. S. VanDyke; W. B.,
D. B. Maloney; ". c., j. A. Lyman; /;
Ems, ]. H. s. Naylor; ESQ.,, w. H.
Scott; 1st Guard, Alex. Alfree; End
Guard, F. A CHM. The installing
ceremonies were held in the church
grove; after which the members,
wives and friends with the visiting
Sir Knights were served with re-
fir 4shments in the church hall, and a
social time was enjoyed by all pres
ent. Sir Knight D. B. Maloney and
daughter, Miss Ethelwyn, then invi-
ted the visiting Sir Knights to their
home, where they were entertained
with vocal and instrumental music
after which the visitors an1 mem
bers adjourned to their homes. The
Grand Chief and staff were in full
K. G. E. uniform and performed the
impressive ceremonies of installation
in very effective manner, which
was appreciated by quite large au.
dience.
Smyrna times., 1910-07-27

Mr.. Paul Warner, of Philadelphia, is
visiting his sister, Mrs. G. E. Dono-
van.-Mr. Fred r. Banks, of Will
mington, spent several days last
week with his sister, Mrs. Alice
Coming. Miss Elizabeth Stats has
returned home after visiting in Phil
adelphia. Miss Marion Christie of
Philadelphia, and Miss Annie Moore,
of FELTON,. are visiting Miss Eliza
beth Stats.
Smyrna times., 1910-07-27
ThOROUGHFARE NECK
Arthur Gearhart III With Typhoid Fever
Local and Personals.


Local and Personals.
Thoroughfare Neck, July 26. Mr..
Arthur Gearhart is seriously i'll with
typhoid ever.
Personals-Mrs Rebecca Mannaro,
of Philadelphia, and Miss Kate Pat
terson, of Camden, N. j., have re-
turned home after a weeks visit
with their cousin. Miss Ruth Evans.
Mr.. John Call, of Philadelphia, is
visiting his aunt, Mrs. Anna Glib
bons. Misses Beulah and Heller
Deakyne are visiting relatives ir
Philadelphia. Mr.. and Mrs. Clar.
ence Hiorth and son, Clarence, Of
Chester, have been visiting hel
brother, MIR. Will Collins. Mr.
George Lewis, of Chester, is visiting
! his sister Mrs. John P. Holland. =
Smyrna times., 1910-07-27
FOR SALE!
Farm of 100 Acres

As wish to retire from farming, l offer
for sale my farm situated at Fleming's
Landing. containing 100 acres, 100 acres
high ground and 90 acres of meadow land
This is a very desirable farm, good land
and good buildings, mansion house. stables
granary, ice house and all outbnlldings.
Wharfage front on Smyrna river of 100 feet
Private wharf in front of lawn. Also,
Canning Factory wharf. Two good apple
orchards and other fruits. Also, good
muskrat marsh. Anyone wishing to buy a
farm, this is your opportunity. Call and
see it. Price and terms reasonable.
VIM. COMING,
?. o. Townsend, Del, Route No, 8.
Smyrna times., 1910-07-27
CHESWULD.
W. c. Savin Proves a Genial Host
Local and Personal Mention.

Cheswold. July 26. MIR. W. C.
Savin threshed Saturday his seven
hundred-bushel crop of wheat of fine
quality with which he is delighted.
The day being very warm he and
Mrs. Savin essayed to serve the
threshing force with ice cream at
the dinner meal and they also were
delighted, so all went merrily there.
From the circumstances it is sugges-
ted he being a very capable host.
that Mr.. Savin would make a
very popular candidate just now
OF a political ticket.
Apples, plums and peaches con-
tinue to form the bulk of market pro-
| ducts.
DIR. Watt, of Smyrna, District Su-
perintendent, is amour ced to preach
in Cheswold next Sunday evening.
Personals-Mrs. Sarah Simpson
of Harrington, was a guest of Mr..
and Mrs. Byron S. Creadick last
Thursday. Mrs. Jennie Pleasanton,
of Milford, is guest of her sister,
Miss Belle Moore and father, Johr
Moore. Mrs. Tillie Abbott, of Do
yer. was also recently their guest. -
Mrs. D. M. Cloud is slowly mendine
from her recent illness. Mr.. How.
ard Hardcastle, of the clerical force
of the First National Bank, of Dover
is sojourning at Ocean City, Md.
while enjoying a vacation.
Smyrna times., 1910-07-27

A protest is being prepared in
Dover to be forwarded to the Penn
sylvania Railroad Company of hu-
name nature. 1t is an appeal to the
company to permit its conductors.
brakemen and baggage and express
men to take off their winter clothing
and wear summer clothes. Except
for the change of a heavy cap to a
white duck cap, the railroad company
is requiring these trainmen, through
this sizzling hot weather, to wear
hot frock suits, and never, under
penalty of severe discipline are they
permitted to take off their coats.
While the trainme, are silent over
the matter, several public men there
have started the protest or appeal,
and women, too, are being interested.
1t is claimed that a very light uni
form of black serge or even a black
alpaca coat, with proper badges and
uniform of authority would answer
every purpose and the trainmen of the
foreign countries. who are only re-
quired to dress comfortably in season
are pointed out as objects. 1t is
claimed here that the Delaware Rail-
road has the most obliging conduc-
tors and tranmen in the world. That
tae men, either through suggestion
or determination, cultivate courtesy
AMI politeness and are ready with the
helping hand or assisting instructions
at any time. To see them SO ham
pered and roasted in the "fireless
cookers" they now have to wear anC
carry all day has stirred up a very
general feeling Of rebellion.
Personals. Mr.. E. B. Fosnocht
son of Rev. and Mrs. / G FOsnocht
Smyrna times., 1910-07-27

Subjects at St. Paul M. E. Church
for next Sunday as follows: 10. 80
a. M, 'The TransfguratiOn"; s p.
M, "The Rowing Bird" 4" Sunday
School, 9. 80 a. M. Epworth League,
7.30 p. m.
Smyrna times., 1910-07-27

A fire broke out in the residence
of C. E. Marker on Thursday last
but the timely arrival of few buck
cts of water extinguished the flames
before there was any need of giving
a general alarm.
Smyrna times., 1910-07-27

left Saturday for L ong Island to be
gone several days for al outing with
New York friends. George Tunis, of
Washington, D. c., is visiting his
parents.
Smyrna times., 1910-07-27

The new magistrate, o. L. Carey,
has taken the oath of office and bids
fair to make an excellent official.
He is receiving the congratulations
of his friends.
Smyrna times., 1910-07-27
CLAYTON. .
all orders for Subscriptions or Job Work
or any News Items left with John T.
Perkins will receive prompt attention.

There will be a try-Out on the
track of the Gentlemens Driving
Park tomorrow, Thursday evening,
when some of the best local horses
will contest.
Smyrna times., 1910-07-27

The people of Clayton would well
come any movement in the direction
of acquiring a street sprinkler for
the town. The dry weather has made
the streets very dusty and incident
ally harder work for stores and
dwellings to keep clean. A sprinkler
would surely be blessing.
Smyrna times., 1910-07-27

A pretty sight in the agricultural
section west of Clayton are the
farms of R.H. Cummins, Frank Goo
tee, ]. E. Wilson, Joseph Ennis and
Henry Talbot. These farms are
models in both appearance and ag-
riculture. Just now the hum of the
wheat thresher is making them
lively places of interest.
Smyrna times., 1910-07-27

With wheat soaring around the
dollar mark and with the threshing
season on in force in this locality,
the place of W. G. Hill the grain
broker, is a scene of activity these
days. Mr.. Hill handles more grain
and pays out more money to the
farmers of this vicinity than any
other dealer in this part of the
countyI He is an expert, wideawake
to the opportunities of both himself
and the farmers, and is constantly in
touch with the best markets.
Smyrna times., 1910-07-27

PersOnals.-Mr. E. B. Fosnocht,
son of Rev. and Mrs. I.G. Fosnocht
The commonwealth. (Greenwood, Miss.) 1896-1923, 1910-05-13

hon q L I9aax, Cha 8E tha
as Demoefatis Executive Commit
astsndsd ths nesting 81 stat body ia
Jackson ths latter part 81 lssb
The commonwealth. (Greenwood, Miss.) 1896-1923, 1910-05-13
Round IHE L0m.-
Gathered ta Round lp

Mr nElay vac DE- from Ecaala
bhe arsb n tha
a. .. & Kelley ef aullpot b
the city the aE5 9 aeeg
M stonag prices % corn and bag
are alWays the best
Mr. 3 Il pafaall Wa down from
Hghla * % business ths og tha
week
Commonwealth ana Contest now on
Jump ipi the fno
Lon Il lple came up from
Jackson y attend ths Conventions this
AF JIm B1
contract for h
Heights
Special orders Ilsd ID short notice
Phone o85. Greenwood Bakery I4 W
Market a
Mr Jerome Baird WH soon tha
The commonwealth. (Greenwood, Miss.) 1896-1923, 1910-05-13

Nn Pa Stuart & tho Georgia. y
LAan b 1aeksaa, Faa i Gle CITY q
bu N0a
hr 10y johnson has lst ths contract
ioF tie erection Al pretty home il
Con Hsi
Hot tss rolls mornings and aftsr.
noons Phone $685. Greenwood
ll4 II. Market So.
Mias Jalia johnson, of 9reanvias Is
tho cbarnlnE guest ol Mrs Caas, 2.
johnson thIs
Call AZ tie Commonwealth. We Eco
aysat leisure p taik piaao contest
Mezsrs & q h0aehas and u
Tst1m q Gi0star se among the II RE
n the oily thig week.
Illustrated books ana Myrtle Reeds
most popular gilb books AZ cE Gill
.LEsPH& cos
Prof Is Robertson vas over from
Winona Saturday q ZEE Gle game, th8
guest 81 H5a NJ. 81 Hill.
Hob tsa rolls. mornings and aGter
Moons. Phone $685. Greenwood Ba Z
.1t4 W Market 81.
Nra u. i. TaFaaga ths capable
5og 1i tnaIpa eas Times, vaa shopping
q oit1 iast Saturday.
Yot e1a ba had oa shs Common
wealth piano contest with ai cash pI
ohae mads ab Boanasin Bis Basy
Store
Wr nsie Norauiat. ons .sf Lexington
nr9mipsa braIasaa msb. ~ Ivy
ciby tbs fesb of the week.
Atoueh III Fasa1 Of bvia 3 III
nsur whatever tha trouble
chamberlain Liaiusn6 drives aaag tha
quickly BiEst appilaAaloa glve FslisL.
sola
VI Hs-,soa II II.
Bbs Il. 4. convention Monday
Ra1. 4, gamr-
purchases nsde II eEastaihaiA sH's
nI E.i oas. sao Il mea8b
sooIal hvodtss ths charming gass.
ok 8E 4 53Rla 2