The Birmingham age-herald., 1911-11-16
MAY GET VERDICT IN .CUMM|NSCASE SOON The Defense and PrOsecu-
 ti0n Rest Case TO JURY TOMORROW It Is Probable That Andrew Carnegie Will Not Testify, Although He
 Was Subpoenaed-Cummins
 on the Witness Stand
TO JURY TOMORROW

Now York. November 15.-The weekend may see verdict in the case of William I cummins. charged with the theft of trust fund of sl40,0O0, while chairman of the executive committee of the Car negie Trust company in April, 1910.
 The defense rested it's case and after hearing a few witnesses in rebuttal by the prosecution, Justice Davis will charge the jury, probably Friday.
 Although Andrew Carnegie has been slhpoenaed to tell of large loans he made to holp the distressed institution which bore his name without having any real connection with, his affairs, it was said tonight he would probably not be called Mir Cummins spent his fourth day on the witness stand today and under cross examination told how he and his bank ing associates became owners of 7O,00C shares of Van Norden Trust company stock without paying a cent for it. They simply pledged their good name," the defendant said, "and,r he added, mot a cent changed hands, although S2,OOOOol was involved
 Prosecutor Moss went into the fertilizer notes to cover which A1r. Cummins bor- rowed $2, 100000 from Andrew Carnegie. The four notes, each for $600,000, made to various individuals and companies, were lndorsed by the Independent Fertilizer company.
 The late Charles c. Dickinson, one time president of the Carnegie Trust company, made with the Van Norden Trust com pany several contracts to purchase 70, 900 shares of stock and declared Dickin- son had insisted it was necessary for him to place his hand on the machine to save the Nineteenth Ward bank and the Van Norden institution. He related:
 Before the Carnegie Trust company advanced any money on this contract the uptown banks sent down $2,000,000 in de- posits Then as fast as the checks were sent to the Van Norden Trust company it was used to pay off notes so the money came right back to the Carnegie Trust company. No money actually changed hands anywhere
 Do you mean to say you men became owners of these 70000 shares of Van Norden Trust company stock without paying a cent?' demanded MT. Moss.
 We put up our good names," said Cummins.
 Did you pay any money?" demanded Justice DaVis
 ''No,' answered Cummins.
 Max Steur, counsel for Cummins. sought to have the defendant tell of an alleged conspiracy to impeach him promoted by J. P. Morgan X Co.,, but he was unsuc- cessful through the objection of the dis trict attorney.
 Gruelling cross-eXamination aimed al William J Cummins of Nashville accused as a bank looter, is beginning to tell or him. This was apparent today when he resumed the witness stand to defend him. self against the charge of having manip- ulated funds entrusted to him as chair man of the board of the Carnegie Trust company
 Upon an attempt to establish that Cum mins had participated in kiting opera tions, the prosecutor asked about thC Carnegie Trust company's loan of $72, COG to Joseph C. Robin, a banker, awaiting sentence on the same day the Northern bank is said to have been wrecked by Robin, purchased a note for $75,00O of B. F. O'Neil. Cummins was asked if the transaction did not amount to a trade of notes "so that each of you could have money for your own pur- poses"
 Cummins admitted the transaction, but denied the accusation in the prosecutor question.
 The prosecutor then turned to the Cum mins stock pool The Nashville promoter replied to queries in shifty. jerky sen tences. The cheerfulness he formerly dis played has disappeared.