The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-08
Embezzlcmcnt and Misuse OF
Banks Funds Alleged in
Indictment.
OPENING STATEMENTS MADE
w. A. Worth, Former Teller,
Witness on Stand During
Afternoon.
Times Dispatch Bureau,
o Eoilingnrook Street.
Phone 1887.
Petersburg. Va, February I.

The case OF the Commonwealth VS.
Charles Hail Davis. former president Of
the Appom;ittox Trust Company, under
indictment for alleged ENLIGHTENMENT Of
the funds OF the bank in various
amounts and at various times, was
called al II o'clock. The Jurors select
ed yesterday. after the defense had
stricken off fou: names. were sworn
in as follows:
Joel 7. Brown, William II. Cooper
a ;. Johnson, II. u. Pugh. John r.
Saunders Charles l.. Williamson. George
L. Tnrockmorton. w. a. Brockwcll
George u. Harlow, Richard +. Dyer.
sommerYille Gray. and Claiborne Pope.
There had been practically little
trouble In getting a jury.
Yesterdays record OF tho proceed
ings showed that three motions and
Ave pleas In abatement. renewed by
tho defendant, were overruled by the
court and exceptions taken.
Tho first Indictment found in these
cases against Charles Hall Davis and
Carter r. Bishop were returned by
the grand jury In February Of last
year Since that timo, including these
and those returned by subsequent
grand juries. thirty-three indictments
Davis. OF which thirty-one have been
dismissed. and forty-nve against MIR.
Bishop, OF which thirty-two have 6een
dismissed. The trial of Mr.. Davis Is
now on indictment No. 10. alleging en-
bezzlement. This indictment originally
contained $40 counts against Davis and
Bishop jointly. alternately as principal
and accessory. This indictment has
been eliminated OF $50 counts, and now
embraces thirty-three transactions.
with loo counts.
The reading or this indictment to
the jury was begun b. Clerk Gillian.
but II was seen that 30 much time
would be required to read II enure
that It was agreed by court and couu-
sci that only four OF the counts should
be read. the phraseology OF all being
the same, and that the items and trans
actions named in the others only
Should be called.
The thirty-three items in which en-
bezz!cment and misuse OF the funds Of
the bank by 5Ir. Davis are alleged.
with dates and amounts. are given as
follows nil within the year 1909:
March LIST, seas. ath, 5000; 18th. $500;
esd, slss; 9th. s2l5.
April 9th, 1859; 18th. 5000; 18th, $500;
GOTH s7s6.
May 5th. s3ls: 18th, 1881: 18th, 500:
18th, s22l; goth. s10T.
June I'd, 1860: sth. $500: 18th, 500;
18th. $50; 2lst. 500; 2sth. Sai4: 3oth,
I"7l.
July I'd, $500; eth, sl5s; 9Th. $3.50;
l2th. 500; 18th. slo5; 9th. $4,000.
August 4th, $50 and $3.50: 10th. S353;
18Th. 5000 and $50; 18th, SEQ.
Counsel for defense moved the court
to require the Commemorative attor-
ney 10 state specifically the amount
and date OF the transactions set forth
in the various counts which he pro-
poses 70 prosecute. Overruled by the
court and the ruling excepted to.
Opening Statements.
Commonwealth's Attorney r. H.
Mann addressed the Jury in an opening
statement In which he outlined what
the State expected TO prove. While
not going fully into every aspect OF
tho case or the general methods to be
pursued he sought to give the Jury a
fair understanding of the case, and
succinctly stated what he expected to
prove. Among the proofs he expected
to submit was that OF conspiracy TO
misuse the funds OF the banks.
Colonel James Mann made tho OMEN
ing statement for the defense, and
made an able argument He thought
the statement OF the Commemorative
attorney unfair and unjust He ex-
pected to show that Mr.. Davis. by his
own personal credit and without the
aid of the directors. saved the bank
from ruin during the last panic, and
that he had at critical times obtained.
by his own influence. credit for the
bank when II needed It. There was not
a paper of eny kind in the bank with
which Sir. Davis was connected that
was not approved by the directors.
Colonel Mann's statement was an
earnest one. and several times he was
challenged by the Commemorative at
torney.
During the opening statements all
the witnesses who had been sworn for
both sides were excluded from the
courtroom. Many of the witnesses for
tho State were officers. directors and
clerks of the Appomattox Trust Com
pany. The court at 2 o'clock adjourned
until 4.
Afternoon Session.
w. a. Worth. former teller Of the
AppomattoS Trust Company, was the
first witness put on the stand lie tes
tilted as to the organization OF the
Petersburg Development and Loan
Company. the predecessor of the Apo.
mattox Trust Company, of which he
was the secretary from It's organiza :
ton. It's charter was accepted by the
stockholders in 1900. In April, 1902,
the name OF the Development Company
was changed to that of the Appomat-
tox Trust Company, with Charles HALL
Davis as president. c. X. Bishop cashier
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