The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-04-04
EVIDENCE TAKING
LNiIHERACE CASE.
(lNES'T0.AN.ENI.D
Def p ecides to Go to the
Jury on Prosecutions
Case.
T0AjURY IN MORNING
torney For Defendant Sc
cures Time to Prepare a
Brief. #

Somewhat of surprise was fuT'
nisfed lin the trial oi Less G. Race
3i1iicted for aiding and abetting James
Ii ISnn In transactions alleged to haVo
been the mfsp1acement and abstrac
lion of funds OF the Citizens Dollar
SayinRs Bank, when Attorney Harry
Shaw, for the defendant. waived MS
firht TO the introduction Of TESTIMONY
afid mnyed that the case be allowed
togo to the Jury on the States eVL
dence8 alone. This motion was agrSeu
toby the prosecution and Judge Hay'
mond granted the motion.
Attorney Shaw asked The court to
grant him the time until this even
fnE 10 prepare a brief Of instructions
lie desired the Judge to give the
1ury. He6Was granted this time ana
tlid case will go to the jury tolnor
rowsmorning The prosecution have III
ready filed the instructions which
they desire the jury to receive, To-
morrowsmornfngF after short reyie"
al the case by thu attorneys 10 tnu
ftty, the Judge will instruct the jury
IS their duty ond the result ot the
tria1Swills then be in their hands.
With the conclusion OF the cross
examination sf0t the states witnesses
Eiis morning, Attorney Shaw, for the
seefenSe, showed that the testimony
offefedI be excluded and that the jude:
fnstru6t $ties jury to return q verdict
fof the defendant. Mr.. Shaw. in sup
bort ot$ his motion argued -tlNt the
State had fatl,ai t0 show that tne
transactionHS mentioned in the 70
counts of the indictment had been
tione with intent to tnture either the
aTocery company or the bank. and
fiat the cross-examination OF the
states seswitnass themselves showed
that the directors OF both companies
knew OF tile transactions and OF the
charging of Races personal checks 10
The grocery company's account.
Attorney Morris, for the state. ar
Rued that even the consent OF tE': d.
Tsctors OF the corporations to tho
transactions would be no defense and
that the evidence showed that durins
the time mentioned in tae indlct'
lraent from February 2, 1914, TO June
Y TO, 1914; the directors did not know
OF tie transactions and that even the
authority OF the directors could not be
oferedE as defense in this kind OF
case IN support of his contention Mr
MoFrisaread several rulings OF the
FEDERAL courts in such cases.
Judge Raymond overru1ed the mo-
ton ot the counsel FOR the defense
and directed the attorneys to proceed
With the case.
Further cross-examination Of the
states sgwitnesses occupied the morn.
ing session OF the court. S. E. Miller
was FIRST called and Attorney Shaw.
finally after much fencing with tho
witness, elected the admission that
hfs total charge to the present for
MS Services to the prosecuting attor-
aey amounted to about $500. Miller
also admitted that Harry F. Smith, L..
az Race,3J. r. Linn and himself, to-
gefher& owned about twothirds OF tho
stock ofs the. Smith-Race Grocery com
pany and that they all knew Of the
hansactlons charged in the 1ndtct'
mont
E al Frame. one of the trustees
appointed receivers Of the grocery
lc6inpany, was then called and testi'
led that at the time the trustees
took oyer4the company the assets of
fIta corporation exceeded the liabtlt'
tiesSbS about. SOS, 900. He said that later
some ofsthese assets proved uncollect-
able and that now the company would
probably pay about 10 cents on eacu
dollar due the creditors He further
said that the eEcompany had assets due
10 ths amount of S240,000 and OF this
sum 100000 was due from Race, but
tl1at ifaelther Race OF the other debit
orS hadspafd, the company would not
haxe needed a receiver.
Harvey Ashain, receiver for the Citi-
zenR Dollar Savings Bank, was then
cross:examined by Attorney Shaw,
and said that $85,00O of the banks
funds had been loaned to a coal com.
pany that u stA. Clark, Linn, Rdce and
Diners were interested in and that
this loan had been reduced by tho
stitutIoGS OF personal paper of Linn
aud CLARK for $4,000 OF this amount.
He admitted that the closing of the
bank WIS caused by the withdrawal OF
trcounts and the necessity to pay the
Interest on re-discounts his bank had
,at other banks, and admitted that the
oyerdfnft ofI the Smith-Race Grocery
conpanyswastnot the immediate cause
Of khe bank closing its doors, but that
tho general Scondi dition OF the bank for
honta time had been critical He said
that Linn had deposited with the
directors OF the bank over $4,000 in
money md Sic, 900 in notes as collater.