The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1914-12-16
ARE TAKING TESTIMONY in THE COM
MERCIAL BANK & TRUST COMPANY CASE

Cuuutn Win tne COMMERCIAL bA0l
s. Trust Co., just prior to the fail
ure of the bank.
The accused sat by his Attorney
and seemed to be taking little il
any notice at all of what was goinr
on in the Court room.
The attorneys for both sides were
all the morning offering objections
and to the casual observer, at times
1t would seem that the State was
getting the better of the Court 4
ruling and at others it seemed the
defense was the gamer. but TOWARD
the afternoon it was clearly seen
that the defense had scored in the
long race of the days proceedings.
District Attorney Wall. despite
the fact that it was reported some
time before the trial, that he would
lightly prosecute the Bank case,
and it had also been said here, even
since the trial began that he would
not be hard on the accused, has teen
one Of the most aggressive prosecu-
tors in any case seen here for many
years. He at times seemed to be
obliyious of all else, going so far
as to miss his noon meal. on Satur-
day. in order to look up some points
of law and to refresh his memory
on some citations that he wanted to
use. During the evening when DR..
j. !. Butler was put on the stand to
qualify as to property values in
Brookkhaven The Court seemed to
dIgress from the law on these par
ticular points of law, which elected
some criticism from some we'll in
formed Attorneys.
W P. Wildberger was placed en-
the stand by the State, and showed
from the records of the Bank, the
amounts of the following accounts
A. Damico, W. L. Summers, E. H !
Wentworth. Felix May and others.
0verdrafts due the bank on Jan.
5th, S25.558 So; time certificates,
$310, 889. II; Officers of Merchants
Gro. Co. had on deposit date of
Bank failure, S1,369 rs, deposit
Offset by note On Feb. 14th; Brook
haven Pressed Brick Co deposit of
$39 10, owed Bank. $31, 900.
East Union Lumber Co had on
depusit day of Bank failure, ST.
l80.78, with liabilities Of several
thousand.
Mr.. WiIdberger was asked about
the withdrawal of bonds from Com
merciaI Bank & Trust Co. on Jan.
3rd, 1914, and asked as to what the
books and records of the Bank
showed He answered that there
was drawn out by Bank of Franklin
ION d. Ord, bonds of Franklin
county, and Brookhaven bonds to
the amount of $37, 600; property of
the Brookhayen Bank & Trust Co.
charged to bond account as if as
much cash had been drawn out of
Bank.
DIR. j. T. Butler was then called
by the State to qualify as to some
property values in Brookhaven
He was asked. Taking the assets
of the Bank as you have seen them
what would you say a fair market
value of them was on that day?'
Defense objected to line of ques-
tionIng. At this point a lively tilt
took place between the attorneys
for both sides. and the jury was ex-
cluded from the court room, the
court questioning the witness as to
his qualification as a witness or
property values in Brookhaven,
when the court ruled that the wit
ness could not qualify.
The State here asked for time to
prepare and cite its authorities or
the case and court adjourned until
2 clock for dinner. The after
noon session was full of spirited
tilts between attorneys for both
sides, and at times District Attor.
Iney Wall showed that he was con.
lsiderably wrought up at the Courts
rulings, but at all times submit.
ting courteously; still from the au.
thorities cited, it was evident thai
Mr.. Wall was sure he was right,
and so expressd himself. So earn.
est was he in his endeavor to put
the matter squarely before the
court on this point that he remain.
ed at his post of duty and while
all the other attorneys were al
their noon hour meals. he was
closeted looking up the different
authorities
The Court, however. ruled thai
DR.. Butler was not qualified as 6
witness and L. A. Wilmington
Stakeholder and Cashier of the
Bank of franklin at the time Of the
closing of the Commercial Bank &
Trust Co. 90 Jan. 5th. and at pres
ent President Of the Bank Of
Franklin, testified as to the values
of1A. M Newman place as 40 acres
and worth ST 500: ]. r. Anderson
place, 800 acres. so in cultivation
value 81, 500.
As to an amount Of $68, 900 hi
said it was subject to check same
as any other deposit and was de.
posit credited TO Bank of franklin
and was depository of County
funds. This was. the amount OF
deposit in Commercial Bank &
Trust Co.. and was withdrawn som,
time Saturday or Mr.. WhittiDgtor
said he did not know when it 60
to his bank. All this amount wal
not due the county; but $37 900 o.