Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-05-15
JURY ACQUITTED
SAPULPA BANKER
|, BIRCH &. BURNETT NOT GUILTY
&" fIOLATIIG STATE BANK
ING LAWS.
JURY OUT fifty MINUTES
'.reat Flow 81 OratOry Preceded the
Giving OF the Case to the
jury.

SAPULPA, okla. May l4.-(spe-
ciHl) THE jury In the case of the
state against B. C. Burnett brought
y a verdict Of mot guilty" after be-
y ing out for less than so minutes this
morning. The case OF the people
against 'he ex-banker was re-
sumed last night after supper. the in
tervening time being devoted to prep
aration of the charge dictated by
Judge Ilatchett.
The state rested their case about 2
O'Clock yesterday and the defense in
Iroduced Bates B. Burnett who tes-
fed that he had no knowledge of
,Le election of b. c. Burnett as pres
ident of the Farmers and Merchants
state bank and as far as he knew II
had never occurred. lie was follow
ed by Brooks Burnett who stated
that he acted as assistant teller while
G. W. Wills was on a vacation and
that during his incumbency of the
position he had taken up notes
amounting with interest to over Sl0,-
600 and which 1t Is presumed ac-
dispute and upon which the embez-
element charge was made.
The defense tried to show that
there had been no crime committed
inasmuch as the noteJ had been given
to cover the checks and that the
notes had been charged on the debit
slip against b. c. Burnett. The de-
fensc rested at 4 o'clock and the
jury was then excused and placed In
charge of Special Bailiff Pickett until
the evening call.
West Was Rough.
In going to the jury Attorney Cen
eral West went at his task without
gloves. He had full control of his
powers and perfect command of the
English language. II nee when he
scored the defendants he did not
j. mince words nor waste power but
E.Iammered the statement viciously
Fa0d vigorously into the jury He was
at his best and if he did not succeed
in obtaining a verdict it is not be
cause he did not try. The error evi-
do 'ly was in the legal technicalities
that enshrouded the case or because
the jury accepted the vitality of Bat
es and Brooks Burnetts evidence as
conclusive that no crime was intend
ed.
The presentation of the defense by
Judge Stew art was a treat to the
l. bar and one of the best and
nj
elk county. He handled
his usual mastery man
ne finesse and technique of
law was portrayed so plainly that the
or :'rv layman could easily com,
pI .hend I.ll trend of his remarks.
Before the trial Judge Stewart open
ly "hallenged Attorney West to put
UP his strongest case and to intro
duce all the damaging testimony he
uld, 80 that this which was appar-
entity test" case and as such would
serve to act as an indication of what
the future would amount 10.
Attorneys Shine.
Attorney Lyttle made one of his
Enthusiastically strong vitrolic at
tacks on the defendants and their
method of procedure, but the reply
made by Attorney Gilbert covered all
these points and he outshone himself
in eloquence in his closing remarks
on behalf of his clients innocence.
Judge Stewart, the senior counsel
for the Burnetts then took up the
account of the case and went into
zach little detail carefully. His pre-
vious experiences as trial judge
certainly serves him well and his sal
lent point Is In his presentation of
lights and shadows of evidence which
are app"rently overlooked by the
younger members of the bar but
, hen properly and cleverly present.
ed go far toward convincing n jury.
Attorney Jim Lawrence Of Ruther-
ford s. Lawrence made the closing
rddress and this little bunch of nerves
.iY surprised even his most ard
al admirers by his poignant sallles
OF legal lore. Counsellor Lawrence
Is always a strong advocate but In
hls closing presentation Of the case
for he defense he added additional
lustre to his present crown Of sue
cess.
Only Two Points.
Judge Hatchett In his instructions
to the jury made 1t very evident that
there were only two points to consid-
er. First whether B. C.. Burnett was
ever legally president Of the bank,
and. second, whether he wrongfully
overdrew his account. The case was
in the hands of the jury less than
o. minutes and they returned YER
dict Of not guilty by which the as
sumption is that the defense clearly
established that b. c. Burnett was
not president and such being the case
was not guilty Of embezzlement In
overdrawing his account. 1t Is re-
ported that the deendants are to be