The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-05-13

the Vermont National bank of this
town, returned verdict of not guilty.
The jury was then dismissed bv Judge
Augustus Hand Of New York. who pre-
sided at the trial. The jury had been
out since ll.l5 @ clock, with the exeep-
uon OF the time taken for meals. and
the hours had dragged along YEARLY.
Mr.. AYerih naturally was very much
pleased with the verdict, and he ex-
pressed his thanks to the jury and
grasped the hands of his attorneys
Tears moistcned the eyes of Mr.. Av-
Grill 5 daughter, Mrs. Margaret Aver
i'll Adams Of Springfield Mass. who
sat with him in the courtroom. Mr.
Averill is expected home this after
noon on the 4.27 train.
The jury came in soon after >
o clock in the afternoon and asked for
instructions on one or two minor
points. The question which they had
to consider was the charge that Mr..
Averiu made entries on the books of
the bank with criminal intent, that Is,
with intent to deceive. in violation of
the national banking laws
The Jury consisted Of these men:
Carroll Bottom, New Haven; NJ. L.
Brooks, st. Albans; l.. +. Brigham.
Burlington; il. i. Bunham, Richmond:
o. g. Carpenter. Essex Junetion::
Frank Ford, Isle La Motto: George
X. FoSs, Hyde Park; T. s. Lanou. Bur
lington; Charles +. Mcnamara, North
field; !. w. Reynolds, East Georgia;
W. +. shepard, Barre; Frank Talcott.
Willistou.
It has been stated that Judge J. NJ.
Tyler of this town, one of the direc-
tors of the Vermont National bank.
testified that he approached Mr. KeI-
leher relative to taking Mr.. Averiu :
place. The transcript Of the testi-
monT on that point, when Judge Ty-
Ter was being questioned by Attorney
Clarke c. Fits, is as follows:
Q. When Mr.. Averill was not pres
ent did Mr.. kelleher give the directors
some advice or directions about getting
rid of Mr.. AveriE2 A. Yes. after Mr..
Averill had made the remark | have
Just related (Which was about the
bank being as sound as a rock) and
mad left the room Mr.. Kelleher made
this remark: = You see [ can't get
anything out of him, and then ne
j commented on these things that he
claimed were wrong and he said
You ought to get rid of him, - quite
emphatieally.
v. sea pretty strong languages "A.
don t know as | can use the adiec-
tives.
@. What was said then; after he said
that, what was said A. Well, | said |
sat right there at Mr.. Kelleher S right
hand, close to him, and | said to Mr.
! Relleher: This il a pretty serious sit
uatlon; the cashier, Richardson, Is out
of the hank on account of III health
and If Mr.. AveriIl is To- be sunamarilv
dismissed | don I know what we could
do, ] was distressed, If you viii III
low me to say If, | was distressed il
mind for | did not know how we could
run the bank with Mr.. Richardson and
Mr.. Averill both out Of ii. Then !
said 70 Mr.. Kelleher: You have been
all over the state in the examination
/ of banks and perhaps you have il
/ mind some bank man that could CONS
!. here and take Mr.. Averill's place If hs
4 is to 90 out. Well, he dropped his
head for an instant and he said: No
/ don I think of anybody / said tc
him. A name occurs to me at this in
stanf and perhaps you may know hlm
and that is Col. Curtis Emery. formerly
of Chelsea, I said: {. He used to bC
the cashier of the little national banl