The Richmond Virginian. (Richmond, Va.) 1910-1920, 1911-06-16
new VIEW Of
BANKING LAW
NO OFFENsE, ACCORDING TO IN
sTRUCTION ASKED, TO OVER
DRAW BANK ACCOUNT.
NO DATE FOR TRIAL
PETERSBURG BANK CASE SEEMS
INVOLVED IN MAZE OF rETI-
T1ox AND NEw n
DICTMENTs.

Especial to The Richmond virginiano
PETERSBURG, VA, June ia
new petition Of counsel for the de-
Tense in the Appomattox Trust Com
pany cases was presented Thursday
to Judge Mullen. This petition was
taken under advisement. Counsel for
Charles Hall Davis and Carter r.
Bishop requested the court to instruct
the grand jury. WHICH will take up
the voluminous Indictment to be pre-
sented them BY commemorative At
torney Mann. The instruction re-
quested relates to the matter of over
drawing in "A bank account, that an
officer in q bank commits no offense
when he ovefdraWs his account un-
less he does II with. 81 fraudulent in
tent To deprive the bank or It's money.
The argument for the defense was
made by Mr.. George =. Bernard In a
lengthy discussion and was opposed
In a measure by Commemorative At
tcrney r. II. Mann. The petition is a
substitute for the one which Judge
Mullen Eefused to embody In his In
structions TO the special grand jury
which was to have considered the
Indictment, but which was dismissed
by the court because two of Its mem
bers were stockholders In the old APP
pomhttox Trust Company.
The instruction requested ia as fol
lows: That il Is net q criminal Of
Tense for an officer In a bank to over
draw his account or permit any other
officer or any customer Of the bank
to do 80. An G8erdraft creates a debt
which the bank may recover from
the person who overdravs his account
just as any other debt can he recoy-
cred from such person. The with
drawing money from q bank by means
OF an overdraft cannot become a Grim
inai offense unless the money he
withdrawn with a wrongful and
fraudulent intent on the part of the
person so Withdrawing it To deprive
the bank of its mneoy."
Replying 10 Mr. Demands argument
for the petition, Mr.. Mann said he
had never before heard of a case in
which "a man as yet charged WITH
nothing had ONE into court and ask
cd the judge IT, instruct the grand
jury In the matter Of an Indictment
which he had heard was 10 be sub
mitted against him.
The man has no standing In the
court until the Indictment Is returned
and he is charged with the onense.
~" ~ "a NA1HF - y NJ W.
the lengthy indictment. anpreoedent-
ed. no believed. in Virginia.
Mr.. Chariex T. I.assiter asked that
certain errors in the clerks records
he corrected. Judge Mullen promised
10 consider them.
No Time IL SCI.
commemorative Attorney Mann re-
qu"stcd the court TO set the trial If
Carter n. Bishop. charged with maxi
ing false returns IA thR Stsfa srNr-
roration Commission. for this term
Of the court. Counsel for the defense
objected on. the ground that the
Thornton case, covering the same
grounds. IL now before the Supreme
Court. and has not been disposed of.
which will throw light on the case
in question. on this ground Judge
Mullen refused TO set any time for
the trial Of the Bishop case.
The Thornton case will not come
~ in the State court until October.
which win postpone the Bishop case
probably TIL after that trial.
Battlefield Site.
The site for the Battlefield Park
at Petersburg has been selected, and
report VIII he made Friday afternoon
at a meeting To he held In the Of
fees OF the Chamber of Commerce.
Bishop Wilson Arrives.
Bishop A. w. Wilson, Of the Meth
odist church. South. is the guest ~
Mr.. Richard b. Davis on Union street.
Indictments Returned.
indictments were returned Thurs
day by the grand Jury on the follow
ing; Ed Newell. charged with crimj-
nal assault on a colored woman named
Robertson; against fsehecca Johnson.
charging her with attempted murder
OF the nine-nionths-oid child Of An
ME Rogers. colored. BY giving Ii
ground glass in a biscuit.
g G. Crump. OF Richmond, charged
with larceny Of "A watch, will he cx-
afniued before "A commission OF Inn
acy. Crump shortly after his arrest
attempted to commit suicide, and he
is no believed to he Of sound mind.
~Unsanitary Conditions.
There Is much discussion on the
streets regarding the con-
dition OF the markets of the city.
The question will he brought before
the next meeting of the council The
discontinuauce OF Old Market IN meet
Ing with many protests both In the
city and from the countiyn.
Mr., l.. u. Jones, pure food inspec-
tor of the State, has declared the Old
Market In vpry unsanitarg condition.