Evening star., 1931-05-26
DISCHARGE OF Jury
MOVED BY. COUNSEL
in HAYNES TRIAL
WheatIey Asks Dismissal
After Rover Makes "Con-
fusion Charges.
GORDON OVERRULES
MOTION BY DEFENSE
Accused Banker Tells of Mrs.
Chambers Short Sales
in Market.

Harry Y. Haynes. former president of
| the Farmers and Mechanics Bank tes-
tifying in his own behalf today, was
accused of attempting to confuse" the
issues in the charges against him by
United States Attorney Leo A. Rover.
This brought an attempt by his own
counsel, H. Winship Wheatley to have
the jury trying Haynes discharged, be-
cause of Rovers remarks.
The flareup occurred while Wheatley
was having Haynes detail the transac-
tions entering into one OF the charges
against him which is an alleged false
entry of SAL 300 in the general ledger
OF the bank Haynes had previously
entered a blanket denial Of all the false
entry charges. and Wheatley was start
ing to go into the particular items max
ing up each one.
Denies knowledge Of Entry.
That count of the indictments under
discussion had to do with an entry that
purported TO show that certain notes
OF Haynes had been paid. Haynes had
said he knew nothing OF the entry.
Wheatley had also emphasized that
these notes later were merged into other
notes which the directors of the bank
had approved.
Finally Wheatley asked the witness,
"Mr Haynes, is there anything apper-
tanning to this transaction by which
you had any intent to deceive, iniure
or defraud the bank or its officers, or
the Government"
Rover jumped from his seat to OBJ
ject.
He has denied making the entry"
he said and the charge In the first
count of the indictment is not that
he borrowed money from the bank but
that he caused to be made a certain
entry. OF course, he is trying to con-
fuse the making OF the notes with The
false entry"
Moves for Discharge.
Just as promptly, Wheatley went to
the defense of his client. Il move TO
discharge this jury for improper con-
duct of counsel" he shouted.
Justice Gordon, who is trying the case
in Criminal Division Of the District Su-
preme Court. overruled the objection.
The justice said that he would allow
the witness to answer, adding that
when he came to instruct the jury he
might have to bring out the point that
If it was thought Haynes was respon-
sible fOT the entry they should decide
whether there was any intent to de-
fraud.
Tries to Explain.
Haynes started to explain, but was
broken off by the justice, who told
him to answer yes or no."
Haynes answered. No" but said he
though he could make 1t stronger" by
explaining
Mr.. Witness, It is not for you to
make an argument or a speech on every
- T.cf fAi -
Wheatley interposed that he thought
Haynes had right to answer in detail
'All right. I'll let him answer then"
Justice Gordon said
Il had more interest in that bank
than any one over there" Haynes start
ed when he was interrupted by the
court.
That is no explanation said Jus
tice Gordon.
Haynes relapsed into silence and
Wheatley noted an exception
Haynes on the stand for the second
day referred again this morning to his
operations in the stock market in be-
half OF Mrs. Louise T. Chambers. The
defense is contending that his efforts
TO protect Mrs. Chambers and the bank
are responsible for the charges.
Mrs. Chambers SpecuIated.
Haynes said that Mrs Chambers
knew that he was operating in the
market and came TO him in February
1924, asking that he trade for her. He
said he told her that not all of his
transactions had been remunerative.
but that she wanted to deal in stocks
anyway. He said that her operations
which were at first conducted through
the bank were purely speculative.
Eventually, he said, late in 1927 that
Mrs. Chambers got the idea that the
short side of the market" was the one
to follow for profit. Then he said she
opened an account with him.
Here a record of her account with
Hibbs & Co. was brought into the
case and the first entry to which
Haynes pointed was a short sale of 500
shares of Pierce-Arrow
This line of testimony was not pur-
sued further.
Character Witness Called.
Before Haynes took the stand yes
terdsy afternoon, Leon Tobriner. attor-
ney, was called as character witness
Wheatley said 25 or 30 character wit
nesses would be called, but that To-
briner was brought to the stand at this
time because he was leaving the city.
He was asked as to Haynes reputa-
ton up to the time he left the bank
In 1928" and said 1t was "of the best"
AS Haynes outlined his banking ac-
tivities here, starting 81 years ago,
when as young man he entered the
employ of Riggs Bank as a stenog-
rapher. and told of his work at the
Farmers and Mechanics, his narrative
was interrupted frequently by United
States Attorney Rover because OF the
details into which he was entered.
Justice Gordon allowed the objection
Wheatley in his opening statement
had said that whatever Haynes did
was an effort to protect the bank and
Mrs Chambers, and the witness de-
veloped his statement along this line.
Knew Clearing Practice.
Another phase of testimony was de-
signed TO show that because of his long
connection with the Clearing House
Association. Haynes knew the practice
OF banks here with regard to hold
| items" 1t is on hold items. or cash
| items" entering into the Farmer and
Mechanics records that the charges
against Haynes are based.
The banker started through the IA
counts Of the indictment one by one,
taking up the first five, four Of which
| aIlege false entries in the banks rec
ords, and one falsifying report to
| the controller Of currency. He dis
| claimed any connection with these.
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