The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-02-08
Breese and Dickerson
Lose After Fighting
for Sixteen Years.
GET TWO YEARS IN
ATLANTA PRISON
Asheville Bank President and
Director Also Required to Pay
$500 Fines-Only Chance
of Freedom Lies Now in
Appeal to Woodrow
Wilson.

an Indictment returned against hbfAi
sixteen years ago. william e. Breese.
at one time president OF the First Ma
tionaI Bank Of Asheville. y. G., and
Joseph r Dickerson. a director. lost
their final chance Of freedom. W. n the
United States Circuit Court Of Appeals.
in session here. ruled Yesterday against
them. These two men. who long had
the confidence and respect of the COM
raunitv in which they lived. must serve
two years in the Federal penitentiar ~
and in addition must pay a fine of
$500 each.
There is a certain element Of ro-
nance connected with the legal bat
tie Of Breese and Dickerson. william
II. Penland. cashier of the bank. who
was jointly indicted with them on Oc-
r. Der >. 1891. never went to trial the
understanding else where being that he
turned States evidence. Exactly how
much money was lost by stockholders
and depositors when the bank was
wrecked has been variously estimated.
although the amount was large. Dick
erson himself being one Of the heay-
lest losers. Thousands Of dollars have
'een spent In their defense while the
cost OF taking the case from one court
10 another was enormous. But cost
I'D not stand in the way Of the effort
forrner director from prison.
Ready Now for Prison.
with the last hope % appeal gone.
me court will Immediately direct the
United States marshal In North Caro-
ina 70 take charge or the SeFandan,~
They Will be removed 20 Atlanta. bu,
Il would not he surprising 70 find that
the new President will be asked 70
'r1"n them soon after he takes Office
on March 4
The last chapter in this celebrat ted
case was written yesterday when the
court handed down its opini On. affirm
ing the Judgment OF the court below.
The opinion was written bv Judge
Mcdowell. Judges Goff and Rose con-
CURING In the original Indictment
Breese. Dtckerson and Penland were
charged with conspiracy 10 embezzre
and misappropriate funds Of the First
National Bank of Asheviile. Through
ci iminal activities II was charged that
large sums Of money were sGuandered.
resulting finally in the ruin of the
bank Five times the case went 20
trial in the lower court: three times
II was appealed - the United States
Circuit Court of Appeals: once Il went
to the United States Supreme Court on
a question OF law On two previous
appeals the Circuit Court OF Appeals
granted new trials. but now tn case
has appeared IN the docket for the
last time
Breese. during all ot the court trou-
bic. has been at work. though not in
"A bank II was the same with Dick
erson. Their friends never deserted
them. and the general belief was that
as the matter had been in court for
so many years Il would end hnally
without finding them in prison
Through Many Trials.
Indicted on October ;. 1897. attor-
neys for Breese and Dickerson first
moved to quash the indictments. once
in 1908 and again in 1909. securing
both times a hearing before IN" CIR
cult Court Of Appeals. They were
originally tried at the March term 81
the United States District Court al
AsheviIie in 1899. were found guilty
and sentenced TO ten years In the FED
eraI penitentiary. AT appeal was taken
and a new trial ordered Breess was
tried individually for the second time
in 1902 and a third time later N the
same year. both juries failing - agree
and a mistrial resulting. Breese came
TO trial a fourth time in 1904 and re-
ceiyed a sentence Of seven years. DICK
erson being tried at the same time
and receiving a like sentence
Another appeal was taken and the
Ct<.uft Court of Appeals ordered new
trials. Several times In the perioo
from 1904 TO 1909 the cases were called
for trial. but postponements were oo-
tained. until finally the two men
saced the bar for the fifth and last
,in,e at the Nav term. 1909. On that
occasion they were found guilty. sen
fenced TO two years in the Federal
,rison and fined s2.500 each An ap-
neal was taken. the answer COMING
,-.sterdav when the court refused a
new trial
Fought ON TechnicnIity-
rh. case was once taken to the
r-rs,cd States Supreme Court on the
,,1;,s a. to whether Of not a frrue bill
- d.. felony must be rendered by the
81, Grand Jury in open court OF
.rh..rer the foreman can come into
mon court alone and render Naiic
,rdsctruent. The highest court decioeo
ssainst the bankers when u affirmed
the validity OF an Indictment fehoe''N
bv the foreman alone -
In the last appeal. the attorneys TOT
-, a.s.,se made their strongest pleas
-, -. 81 error on the ground oil
=. s-e1ipibsiisy % y W. Blackburn
-. ..~,c on the grand jury They
1900 that he was disqualified ~
s.~,rs, more than 5000 q taxable pro-
a~rfv in 1885 wiihou; being assessed
-. !. OF having his name on the tax
IL. Judge McDo~cn declared IN III.
cp,n.on that the defense bad ia''eo
20 prove Blackburn possessea wv p
..-..-,tx and disposed OF the plea
-. -. name was not on the tax list
=, IN. following words;
safe ". perry. iss y G. ieis
,o-s IL We think. conclusive on the
49, ,o.ifion that the absence from the
IL, 81 taxpayers % the name 81
grand Juror faSd consequently NOV
d, meat Of taxes) does not O. -s 81.
,ss.,,,..1tf,, such juror, " u docs Il
s,.,.sr ina; such Juror should har-
b..ea on the list
objections ~et Sustained
r6e opinion also refused 70 sustain
..b-o~tfoas which the defense made q