The Washington times., 1911-01-19
ATTORNEY ASSA|LS
BANK ACCOUNTANT
Sensation Sprung BY States
Representative In Alexan-
dria Investigation.
Continued from First Page.)
Due to Depositors.

able spectacle of Mr.. Norton being
called upon TO sue himself"
Due to DepoSitors.
r. c. l.. Moncure declared that the
depositors in branches of the corpora
tion were mostly men of limited means
and must know by early spring how
much of their savings they could expend
on buying seeds and fertilizer and max
ing other preparations for the summer.
c. J. Rixey, president and treasurer of
the bank, who is charged with making
oVerdrafts on his private account in the
corporation, was declared too ill TO at
tend the proceedings today. He was
represented by his son, c. J. RiXey, jr. {;
his sons law partner c. c. Hyden, and
an array of other attorneys, including
Miller & Grimsley, of Culpeper; John
l.. Jeffries, and others.
Mr. Miller and Mr.. GrimSley argued
against the appointment of a co-recetver
on the ground that the present receivers
had begun their work and it would only
entangle affairs to have new men put
into the positions.
Charge to Jury.
With the jury cut down to six men on
account of the illness of two Of the ori-
gfnal members and the excusing OF
third after a protest by the common
wealth attorney. Judge Lewis Barley,
of the corporation court of Alexandria,
began a charge to the grand jury which
will investigate the alleged irregularities
of the Virginia Safe Deposit and Trust
Corporal ton at 1880 O'Clock this morn
ing.
r. S. Barrett was relieved from duty
OH the grand jury following an objec-
ton from Commonwealth Attorney +.
G. Brent, who pointed out that Mr..
Barrett was a depositor in the bank
under investigation.
The jury as il now stands numbers
six men, the minimum under the Nlr-
ginia law, and should one of its MEM
bers be incapaCitated it would mean a
new start on the investigation set under
way this morning.
The Jury is made up of w. H. Swee-
ney, foreman; James Bayne, G. J. w.
Summers. E. Z. Lawler, d. r. STAINS
bury, and John NJ. May.
Co-Receiver Hearing.
Immediately following the delivery of
the lengthy charge to the grand jury
Judge Barley announced he would be
gin a hearing on the petition filed by
R. c. L. Moncure for the appointment
OF an additional receiver to represent
the depositoIs il the institution. The
directors of the bank were represented
by F. L. Smith and g. l.. BoOthe. The
interests of a number of depOsitOrS were
repRSented by Mr.. MOnCure and the
State which had more than $lS,0D de-
posted in the bank, was represented by
Commonwealth Attorney Brent, who
has also filed a petition asking for a
cO-reCeiver similar to that OF Mr.. Mon
cure.
c. l.. RiXey, jr., son Of the president
and treasurer of the bank, young Mr..
Rixey's law partner MI Hayden, and
John L. Jeffries, a Norfolk attorney,
who will help defend the interests of
the banks president, were at the hear
ing this morning.
Hyden's Statement.
Just before the hearing Mr.. Hyden
made the following statement:
Mr.. RiXey is too i'll to appear at the
hearing today. His physician has not
only ordered confinement to his room.
hut has given strict instructions that he
must remain in bed. ! have nothing
to add to tho statement l gave out ear
lier save that If Mr.. RiXey were able
to attend the hearing today he would
gladly come, for he can explain the
alleged discrepancies said to exist in
his personal accounts in the bank. The
charge that he appropriated $4,000 of
the banks money to his own use l did
not refer to in my first statement, be-
cause a full investigation of the books
of the corporation will show that the
bank is in Mr.. RikeyS debt
The charge to the special grand jury
given by Judge Barley is a lengthy one.
The Judge went in great detail into the
technical points of the Virginia laws
covering the operation Of State banks.
Public Misfortune
The institution is large one" he
ipl1
and its Burdens bear heavily on many of
our citizens; nor are they alone, for its
branches and its operations extended |
throughout many counties of our State
and similarly affected a large number
of its people. SO many are the people !
who are in one way or another affected |
by this failure that it is a public mis-
fortune.
Following the appointment of the re-
CeiverS. many rumOrS We're soon aflOat |
SttutiOn with criminal miSmanagcmen |
of the corporations affairs and other |
0TPnseS contrary to law. As to the !
truth of these statements 7 know moth |
ing, but ] at once determined to- as |
soon as practical, have your body in |
Vestigate fully this cOmpany's affairs |
and furnish to the court the result of |
their Investigations. to the end that the |
court might be advised and the re- !
SpOnSihilitv for the present condition OF |
AIIt tOi pOIdllOIl, II any Iall WneGe II |
EA6htfully belongs.
Five Must Concur.
In accordance with such determina- |
tion, l have had you summoned as |
special grand jury. You are required |
TO inquire into and true presentment |
make of all felonies and all violations |
of the penal laws committed within the |
jurisdiction of this court At least five |
Of your body must concur in finding an
indictment or making a preSentment
You may, however, make a present
ment or find an indictment upon the |
information of two or more or your own
body, and when pTesentment or indi-
cation Is so made or found on the teSti-
mony of witnesses called on by the
grand jury or sent TO il by the court,
the names of the grand jurors giving
the information, or of the witnesses
shall he written at the foot of the in
dictment presentment.
Il specially charge you to give this
matter your most careful and palms.
taking investigation. 1t is a duty which
You owe TO your community and to
Your State. Spare neither time nor
labor, and in aid of your investigation,
the court will have summoned any and
all witnesses you may deem necessary,
requiring them to testify: and render
You such other assistance in its power"
Quotes State Laws.
Judge Barley then quotes extensively
from the State laws of Virginia regu-
lating the operation of State banks. He
pointed out that periodical examina-