The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1933-01-03
PARDON ASKED FOR 4
|BREVARD DEFENDANTS
(Continued from page onel

ommending that the four promi.
, nent men be pardoned.
Tried in August of 1881 on q
charge of conspiracy to defraut
Pennsylvania county for the aid
of the Brevard Banking company
which institution closed it's doors
December Is, 1880, the men were
given sentences of from two to
five years each and fined $4,000
by Judge H. Hoyle Sink, who pre-
sided.
Two weeks were taken up in
the original trial, Il jury from
Haywood county hearing the evil
dence and returning a verdict of
guilty. Claims advanced by the
state at the original trial was
that the county commissioners
and officials of the bank con-
spired in the sale of a 100000
short term tax anticipation note,
and used the proceeds of this sale
to bolster the Brevard bank, which
was at that time county deposi-
tory, as it had been for years.
The defendants did not go on
the stand at the first trial to re-
flute the volumes of evidence in
troduced, counsel for the defense
declaring at the time that. in their
opinion, the state had failed to
make a case against the men, the
case being treated by many peo-
pie as a more or less frivolous
charge, and the verdict of guilty
was one of the most unpopular
verdicts ever rendered here.
Appeal from the sentence was
made, and at the same time a pc
tition circulated in the county
which was signed by 95 per cent
of the adult population. asking
the governor to pardon the men.
However, this petition was not
presented, a stay of execution be-
ing granted after the supreme
court in a 3-2 decision had upheld
the verdict.
New trial motion before Judge
Waiter E. Moore, in which
charges of ;cregularity were
made against the Haywood coun-
ty jury, and discovery of new
evidence in the case was denied
here in August of last year, this
molten being overruled b. Judge
Moore. Motion also made for
re-sentence. in that the sentence
and fine were excessive was also
refused by Judge Moore and ap-
peal taken to the Supreme court,
which body ruled in favor of the
last motion. .,
Special Judge N. A. Townsend,
re-sentenced the men at the De.
cember term of court here last
month, passing his Judgment al
ter two of the commissioners,
McNeely and Pickelsimer, and
several other witnesses had gone
on the stand and made sweeping
denials of all charges upon which
thew had been convicted by the
Haywood county jury, the men
asserting that the 1000 snort
term note had been sold to pro-
cure money for operating eX-
penses; that this had been a GUS
tom of previous boards of com
missioners. who had not, as this
board had done, secured collat-
eral from the bank to guarantee
deposits; that funds then on
hand from a previous note sale
of S27S,OOO could not be used
for operating expenses in that
thew had been borrowed through
a special act of the legislature
the act providing that the $27e,-
900 should be used for the pur'
pose of retiring outstanding
bonds: that a total of $21S,00o
had been withdrawn from the
Brevard Bank after the shoT'
term note resolution was made
in September until the board re-
tired on December first, follow
ing; and that there had been no
intent of conspiracy between
members of the board and otfl'
Gals of the bank.
Judge Townsend, after he had
heard the testimony, said that ne
was not allowed to pass upon the
matter of the guilt or innocence
of the defendants, it being ms
dutv to take the verdict as had
been rendered by the jury and
upheld by the Supreme court ano
re-sentence the men. however
he made the provision. after SEN
fencing the men to from two to
three years each, that # they ney
paid into the county $3O,O0C
and costs in the case, that nc
would recommend that the gov
ernor pardon them.