Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1916-05-19


the Vermont National bank of this
town, returned Il verdict of not guilty.
The jury was then dismissed by Judge
Augustus Hand of New York, who pre-
sided at the trial. The jury had been
out since Ills clock, with the excep-
ton of the time taken for meals, and
the hours had dragged along YEARLY.
Mr.. AvcriE 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 moistened the eyes of Mr.. Az
crill's daughter, Mrs Margaret Aver
i'll Adams of Springfield, Mass, who
sat with him in the courtroom. Mr..
Avcrill returned home Saturday after.
noon on the 4.27 train.
The jury came in soon after .
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.
Averill 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. Adams; L. L. Brigham,
Burlington; H. L. Burnham, Richmond;
0. G.. Carpenter, Essex Junction.; /;
Frank Ford, Isle La Motto; George
X. Foss, Hyde Park; F, S. Lanou, Bur
field; j. w. Reynolds, East Georgia;
w. +. Shepard, Barre; Frank Talcott
Williston.
hog OF hot In1oa I NJ
Tyler of this town, one of the dircc-
tors of the Vermont National bank,
testified that he approached Mr.. Kcl-
lcher relative to taking Mr.. Averill )
place. The transcript of the testi-
mony 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
cnt did Mr.. Kcllehcr give the directors
some advice or directions about getting
rid of Mr.. Averili? A. Yes, after Mr..
Averill had made the remark l have
Just related (Which was about the
bank being as sound as Il rock) and
had left the room Mr.. Kclleher made
this remark: you see | can't get
anything out of him, and then nc
commented on these things that he
claimed were wrong and he said:
"You ought to get rid of him. quite
cmphatically.
Q. Used pretty strong language? A
! don T know as ! can use the adicc
tives.
Q. What was said then; after he said
that, what was said? A. Well, | said
sat right there at Mr.. Kellehcr s right
hand, close to him, and I said to Mr.
Kellehcr: "This is n pretty serious sit
uation; the cashier, Richardson, is ou'
of the bank on account of i'll healtl
and if Mr.. Averill is to be summary
dismissed ! don t know what we couit
do / was distressed, if you will al
low me to say it, | was distressed il
mind for ! did not know how we coulC
run the bank with Mr. Richardson an,
Mr.. Avcrill both out of it. Then
aaid to Mr.. Keliehcr: "You have beer
all over the state in the examination
of banks and perhaps you have il
mind some bank man that could com
here and take Mr. Avcrill s place if h
is TO 90 out Well, he dropped hi
head for an instant and he said: "NC
7 don 7 think of anybody" ] said t
him: GA name occurs to me at this il
slant and perhapa You may know HIM
aud that is Col. Curtis Emery, formcrl
of Chelsea ] said: He used to b
the cashier Of the little national ban
in Chelsea, but for the last three c
four years he has been in the custol
house in Newport, which is no
closed, and probably he is out of bus
ness lie happens to occur to me &
the only man ! know that is ban
man." He said he didn t know hin
Q. Then what was said! A. The neg
remark that was made was by NJ
Kcilehcr. He said-I may not get e.
ery word exactly, but as ] rememb'
it he said: 81 have been lookil
about for such place myself. d
Lawton. who sat at the other end {
the table, said: "Why Mr. Kellhe
you could not afford to give up yo'
present position to take charge of tn
bank and he said: con, yes,' al
he made some remark about the col
parativc salaries, but ! don't remei
Der what, and there it dropped, and
do not remember anything further tn
he said then
o. Later ON, did he have anoth
talk with you about the presidency
the bank, at some later visit TO Bra
tleboro? A. When he was there ma
ing the July examination / dropped
TO the bank one afternoon to see he
he was getting long and he asked
this question-he said: Have y
done anything about n president