Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-03-25
BERR|EN BLAMES
BANK FOR TROUBLE
IN OWN STATEMENT
Lawyers VIII Begin Argu-
nnentS' When Trial Of the
Broker Indicted on Twelve
Counts Is Resumed

The case of r. n. Berrien, Jr., IN
vestment broker, charged with lar
ceny after trust in connection with
a shortage in state school warrant
funds, went to the jury early Friday
afternoon. Arguments were begun
| Friday morning and were completed
shortly after noon. After short re-
cess Judge John D. HUMPHREYS de-
livered his charge to the jury and
turned the case over to them for a
verdict.
Solicitor General John A. Boyl1in
and Attorney General George NJ.
Napier delivered the arguments for
the state, while Attorneys James L.
Anderson and Edgar Watkins spoke
for the defense.
The feature of Thursday after
moons session of the trial was the
unsworn statement of the defend
ant, read by him from the stand.
| Berrien went on the stand at
o'clock, and finished at 4:30 O'Clock.
The former broker blamed a local
bank for his financial difficulties.
In June, 1921, he said, a New York
banking house wired him $43O,O0O,
and the local bank made an error
in transcribing the telegram, leav-
ing off two of the ciphers, and cred
iting his account with only $4,000,
whereas he should have been cred
tied with $4,000 This caused a
run" on him and practically ruin
ed MIN, Berrien told the jury.
Believing that he had been cred
tied with $430,000 wired him by
his New York correspondent, said
Berrien, he drew checks against
that amount. The bank refused to
honor his checks, he said, and on
November IA he had only SIPS to
his credit.
On November q, he continued,
he went to New York in an en-
deavor to make financial arrange
ments which would allow him to
straighten out his affairs in Geor-
gia.
Berrien declared that at the time
he event to New York he did not
know of the existence of criminal
charges against him here. He said
that his trip was solely for the
!
ance from New York banking
houses, IN order that he might meet
his obligations in Georgia. 80
Referring to the testimony Of T.
Woodward Thursday morning, Der.
rien said the draft Mr.. Coward said
he never received, was mailed to
Coward by his, Berriens secretary.
| He did not know whether Mr.. Col
ward ever received the draft, said
Berrien, but he had not been in
formed that the draft did not reach
Coward.
DR.. M. L. Brittian was recalled to
the stand by the state to rebuilt the
testimony of Berrien to the effect
that he had not received a letter
from DR.. Brittian November 81 de-
handing immediate payment of the
shortage.
Mr.. Anderson testified to certain
transactions between Berrien and
the Atlana Naional bank about the
time the alleged embezzlement is
said to have taken place. He said
that early last November Berrien
deposited in the Atlanta National
bank checks against an account in
his name in the Citizens and South
ern bank, of Savannah, and depos-
tied in the latter bank checks on his
account in the Atlanta National
bank-a process known technically
as "Nting" when carried out ap-
proXimaely simultaneously, which
Mr.. Anderson said was done by Ber-
| rian.
''The checks were of large
amounts and the intervals were
about every other day." he testi-
| fed.
The last two checks deposited in
| the Atlanta National bank. Mr., An
| derson said, aggregated about S14,-
OoO, and were returned unpaid. To
cover the resultant overdraft,x the
witness said, Berrien deposited
| ABOUT $5O,OOO in school. warrants,
&ttae ned to draft on his New York
pahk connection. The governor or
oered this draft stopped and it came
pack with the warrants attached,
| leaving the overdraft. On this Ber-
rlen deposited $4,000 subsequently,,
ieaVlnS his. account in the Atlanta
| National bank overdrawn about
9S,OOO at the time he left Atlanta.
! testimony by w. V. Crowley, of
the Citizens and Southern bank
that Berrien had resorted to ones.
tIonable means in getting certain.
bonds from the Empire Trust com
! pany to secure check, was one of
the features of the hearing.
MI. crowley said a check on Mr..
berrlen Tor about o thousand dol
lars came to the Citizens and South
efn bank on November II, 1921:
! out mat the broker had only about
! Sl28 on deposit. He said that Rer.
r.en came to the bank later viii,
| ~ II,S IN Liberty bonds to guaran.
tee tbs check.
| DIR. M. L. Britain, state sunerin-
| tendent of schools, testified Thurs
day that Berrien admitted irreg1.
larities in handling school warrants.
but said if given proper time he
would make them good.
| DIR. Britain testified that in the
| presence of himself and Attornev
General George NJ. Napier on No
Vember II, 1921, the banker admitted
a shortage of about $25, 900, and IN
letter written subsequently he adj
mitted approximately the whole
shortage of about $4,000 charged
against him.
T, W. Coward, of Murray county,
testified that as superintendent of
schools Of that county he received
a warrant for $2,141, indorsed it,
00IAI IL ~ IL DlAICeiAII' OuI Lau HoNCL
| received a draft or check from Ber-
rien. This is the case on which Ber-
rien is being tried.
J. W. Davis, superintendent of
schools of Bullock county, and Carl
Shultz, superintendent Of schools of
| Lumphin county, testified they also
| had received warrants, but that
! checks signed by Mr.. Berrien for the
amounts had been turned down
when they reached an Atlanta bank.
The indictment on which Berrien
| is being tried-one of twelve similar
| indictments pending against Inn
alleges larceny of deferred school