The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-06-16
NkCASESAGAIN
GOTOGRANO JURY
New and Independent Invcstiga-
ton Of Charges
Ordered.
LENGTHY INDICTMENT READ
Body Not to Be Influenced by
Previous Findings Other
Petersburg News.
LENGTHY INDICTMENT READ
Times-Dispatch Bureau.
100 North Sycamore Street,

| 3t-45El5 PETERSBURG, va, Juno 10.
| The grand Jury for the June term Of
i the Hastings Court. sworn in to-day
Is composed of the following citizens
: r. Q. Egerton, foreman; D. C. Duane
j. w. Scoggin. W. D. Tucker. p F.
johnson, ]. Mel. Ruhin. P. W. Smith,
!, w Sutherland and w. R. Turner
To this grand jury is committed the
duty OF a new and independent invee.
tigation OF the affairs of the old Ap-
| pomattox Trust Company. out OF which
have grown various charges against
Charles Hall Davis, the former presi-
dent. and Carter r. Bishop, the former
cashier.
While the jury was out investiga ting
other cases the matter Of the new bank
Investigation was called to the atten-
! ton OF the court by George g. Bernard
senior counsel for Charles Hall Davis
Mr.. Bernard, submitted petition
+. signed by Mr.. Davis asking for certain
instructions to the iary. similar in
+. character. but modified, to those which
| had been previously refused by the
| court. This petition was opposed by
urgently favored by Mr. Bernard. The
court did not include these in it's
verbal instructions, subsequently given.
| Mr. Bernard then asked that the
| court should give tho identical instruc-
tons to the jury that were given In
the case to the jury at the Nay term.
| with this addition:
THAT It is not a criminal offense
| for an officer of d bank to overdraw
| his account or to permit any Other
I! officer or any customer OF the bank
! to do SO. An overdraft creates u debt
| to the bank which the bank may re-
cover from the person who overdraws
| his account. just at any other debt can
| be recovered from such person. The
/ Withdrawing Of money from n bank
| by means OF an ovcrdraft does not be-
! come criminal offense unless the
| money be Withdrawn with wrongful
| and fraudulent Intent on tho part
. OF the person SO withdrawing It TO de-
prive the bank OF Its money"
MIR. Bernard argued at some length
| in support OF this instruction. and
| quoted authorities to sustain his po-
| sition that overch ecking. OF itself, is
not a criminal offense, and the court
took the matter under consideration.
Charles T. Lassiter. of counsel for
the defense, called the courts attention
iito several errors in the record of the
case, appearing In the minute book,
and asked that they be corrected.
| T. AT IL % CLOCK Inc RTanO jury report
| ed several indictments, and that 1t
/ had no other business before It. The
| court then gave instructions to the
! jury In reference to the bank cases.
practically those that had been asked
| for.
The Jurors are not TO be Influenced
| In any respect by the action of the
previous grand juries in their inves-'
! LEGATIONS. This IS a new and indepen-
fxnx. ed lo, &. I. AZ
of the Jurors to make careful and con.
! scAentious examination as to every
charge and count. The court further
| instructed the jury that overcheck.
ing. of Itself, is not a criminal offense
1t is an offense when done wrong fully
and fraudulently for the purpose Of
drawing money from a bank and de-
priving 1t of it's money. The jury
must determine from all the facts
whether or not tho overwhelming in
this case was wrongful or done with
fraudulent intent.
number OF witnesses, mostly off,
GERS. directors ond employees OF the
bank. were sworn. The jury took sew
eral hours to read the new indictm emit
The Jury was requested to consider
the first count. in which the charge Of
false report to the Corporation Com
mission Is made. to enable Clerk r. T.
I - t'SOit' - the SoHlHhlSSlOn, 10 teStl1y.t
The new indictment prepared for
the consideration of the grand Jury.
as has been stated. Is voluminous
document. It contains 2s4 pages, COW
erins 525 counts and thirty four
| charges OF embezslement against
Charles Hall Davis and Carter r.
Bishop Jointly. a principals and ac-
cessories The Jury probably will be
In session for several days, but II IS
said that the Indictment is so wen
systematized and arranged that the
jury will not find much dif1culty in
getting at the charges
| The court declined to set a day for
the trial of Carter R. Bishop for al.
legged false entry, for the reason that
the Supreme Court has not yet rem
dered decision in the Thornton case
which involves the same principle.
Several Felony Indictments.
The grand jury this morning re-
ported several felony indictments az
follows: Edward Newell colored, for
criminal assault, involving capital
punishment. He will be tried to-mor
row: