The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-27
Ordered by Court to Con-
slider Burrell Case
Again To-Day.
NIGHTS SLEEP
LIKELY TO HELP
Lawyers Make Strong Plea to
Jury. Defense Claiming That
Real Thief Is Reuben Hill,
Who Observation-Disclosures
Compared With Bruce
1smay.

! After more than an hour and 4
half's d"lihcration. the Hastings Court
4 jury in whose hands rests the fate
/ Of ". T. Burrell who has been on
/ trial all this week OH the charge OF
/ being ono OF The wreckcrs OF tho
Savings Bank Of the Grand Fountain
Quilted Order OF True Rcformcrs. last
| night failed TO reach verdict. The
jurors informed the court that they
Were hopelcssly divided, and after be-
! ing brought into court were ad-
Journed until this morning at 10
o'clock by Judge =. IL Wells
| Judge Wells expressed regret at
the failure TO reach an agreement
and suggested that after a nights
sleep tho Jurors would probably ho
able to come 10 verdict.
Mint lie Might Get.
If Burrcll should too found guilty
OF knowingly permitting deposits to
be received after having actual
solvent he may be nned twice the
amount of money taken into the
bank after nc knew II to he defunct.
ne may be given Jail sentence. or
he may he given a pcnitcntiary term
OF no; more than three years.
II he is acquitted 1t is highly prob
sbl. that tho indictments against his
brother directors will b. quashcd.
Yesterday was given over entirely
TO arguments on Instructions TO the
Jury. and argument during the after
Common wealth and osfensc before the
jury.
When argumen, for the prosecution
was opened by Attorney Il. Lynch
Montague. the cour; room WAS iilled
with coiored SPECTATORS, most Of whom
were victims In tho Tru. Rcforncrs'
collapse. y small number OF Burrcli' :
friends were also present.
Many Witnesscs Absent
Although the Commonwealth has
made out strong case against the
accused its side was materially weak
cncd by the absence Of three import
ant witnesses w r.. Griffin, president
OF the Grand Fountain, who WAS
killed In wreck OH the Norfolk and
Western Railway. was 10 have been
the principal witness against the in
dic,ed men. Another man upon whon
the Commonwealth was relying was j.
Frank Douglas, secretary OF the
Fountain. Isaac Davenport. OF the Of
flee OF the state Department OF In
surance. was also regarded as a strong
witness against Burrcll. but he has
left the state. and ia now engaged in
business in New orleans.
In making their plea for a convic-
ton. attorneys relied mainly upon the
testimony of c. c. Barksdalc. State
Bank Examiner, who was the first 10
inform Burrcll and the other direc-
tors that the bank was insolvent. The
defense staked most OF its case upon
the evidence submitted By Charles l..
Cooke. expert accountant. swho was
\ q 1TNt( -
tangled affairs of the bank after it
had been closed.
Burreirs Information.
In his argument before the jury, MIR.
Montague laid stress on tho point that
burrell had knowledge that tho bank
was insolvent on October -, 1910. and
that ITS doors were not closed until
october 20, while deposits were al
| legged to have been received and
accepted on the previous DAY
He referred to the contention az ia.
ue,ehsH that Bnrreii thought the bank
WIS solvent in view OF assets Of roai
,hia MI Montague said that when
c nih pr [, in Richmond and Other
| 'ciyht To pay mortgage debts.
nchard +, Byrd. OF counsel for tho
| uvtShSc, argued that IL BurrcU was
| Su''E OF purely technical wrong hc
MAS conscious OF no wrong-doing1 He
| asserted that it was not only crnnt
put wrong. to punish a man for nnt
M IJM,hg OF conditions at the bank
accom-, .ook receivers and expert
accountants nc more than five months 10
IiIii the Real Thief.
s burreii' he said. who has Away,
| only among his race. hut among Inc
! white people who came in contact with
MN; mad not been n gamer by In.
he "'n n1i,i ini'" IRE, ~! On The other hand,
| SIeht deal Of money. reuben T. HUl,
NE absconding cashier. he said, was
me only one of the indicted men whu
| mad stolen any money. That fact he
DALI and did not become known until
| accountants took charge of tho bank :
aualrs under the direction of the re.
! Former Governor 4. J. Montapu,
also assisting in the prosecution, Sal
| maj the question OF appropria ting
money to personal use did not enter
INTO the case. He declared that IL was
for the Jury 10 decide a matter of
| Great public policy The action of thc
officers OF the bank in accepting
money. knowing that IT was 'nsoIv,
cni will mean that the dcpositors viii
not get back 10 cents on the dollar
| he said.
In closing for tho dcfcusc. Attorney
II. NJ Smith. Jr.. dwelt at length upon
the pathetic side Of the case. saying
that- tho indicted directors were hum
bic colorcd men. and werc not aware
| or The true state of affairs at the
nank. The men were morally guilt
| less, he said.
Like y. Hrmcc Ismay.
| Sir. Smith took occasion to ridicult
nr John Mcriweather, colored, one OF
| tue few directors not indicted. On the
| witness stand Meriwcathcr admittc ed
! That lie had drawn sa26 from his
account ut the bank after he knew
thai. 1t .as i'm trouble. At the time
IN Il
! DR. MeriweathH' reminds me-" the
lawyer said, "of j. Bruce Tsmay, man.
aging director OF the White Star Limo
VINO stepped into the first boat which
left the sinking Titanic"
4 In summing mp Mr. Smith said tina,
CONTINUED on Third PaxeN NJ