The herald and news. (Newberry S.C.) 1903-1937, October 25, 1910, 12 Pages- Part 1 Pages 1 to 8, Page SIX, Image 6
GUILTY ON FIVE CUtNTS.
Verdict a Victory for Defense-The
Charges in the Counts on Which
Verdict is Based.
Greenville News, 21.
After a trial lasting nine days, Mil
ton Anderson C . . ch'~i with
the misapplication of !: inds of
the Newberry National Lzink, of whic'i
he was formerly vresident, was +ound
guilty yesterday morning on five
counts, one of an indictment coniain
ing 1P2 separate counts, in the United
States district court. The verdict
was not guilty on the remaining
counts of the indictment.
Messrs. Blease and Dominick, Mr.
Carlisle's attorneys gave notice of mo
tion for a new trial in the case, and
this motion will be argued before
Judge Brawley, Monday afternoon.
Sentence is accordingly stayed. The
jury returned their verdict yesterday
morning immediately after the open
ing of the court, having filed out of
the court room to make up their de
cision the afternoon before about 4
o'clock. The case has been of gen
eral interest throughout the State,
especially as this is the first case of
the kind brought against a National
bank president.
The counts on which Mr. Carlisle
was found guilty were numbers 152,
153 and 154, and 159 and 160. The
first three relate to drafts drawn by
the Cold Point Granite company, :nd
paid by the National bank, the last
two referring to transactions oetween
Mr. Carlisle an Mr. Z. P. Willard, a
farmer on one of his plantations. The
bulk of the indictment, upon which
be was found not guilty, related to
overdrafts on Mr. Carlisle's personal
account, to the extent of about $19,
000, and on the account of the Cold
Point Granite company, of which he
was president and treasurer, to the
extent of about fifteen thousand dol
lars, when both Mr. Carlisle and the
company, were insolvent, according to
the indictment, the greater portion of
which sums of money are claimed to
be still due to the bank. Judge
Brawley in his charge to the jury
Wednesday afternoon, ordered a ver
dict of not guilty on the counts re
lating to the false certification of
checks. The total amount of money
involved in the five counts on which
Mr. Carlisle was convicted, was less
than five hundred dollars.
Milton A. Carlisle is about seventy
years of age, and was elected presi
dent of the National bank in 1899, ac
cording to the testimony brought out
on the stand during this trial. He
served in this capacity continuously
until the early part of 1909, when he
retired. After his retirement the af
fairs of the bank were gone over
by a bank examiner, during the early
part of the year, and by a govern
ment bank accountant, in August, of
-1909, following which latter visit, the
indictment was prepared against Mr.
Carlisle and the grand jury, at its
sitting at the regular term of the Unit
ed States court here during October,
a year ago, returned it as a true bill.
After a year's preparation for the trial,
a special term of the district court
was called for October 10, to hear the
case.
The trial of Mr. Carlisle began on
that day, and the entire week and
the Monday following, were consum
ed in taking the testimony for the
prosecution, which was conducted by
District Attorney Ernest F. Cochran.
About thirty-five witnesses were ex
amined in all, and several of them
were called to the stand more than
once. The defense put up no testi
mony, but made its case from the
cross-examination of the witnesses
for the government. Arguments were
made on Tuesday and Wednesday, the
case going into the hands of the jury
on Wednesday afternoon. Mr. Car
lisle's son. Mr. E. A. Carlisle, was
present with his father throughout
the entire trial.
The Five Counts.
The indictment against Mr. Carlisle
was a lengthy document, contaning
tn all 162 Counts. These were not vio
1arions of different sections of the
criminal code, but for the most part
were sigle violations of section 520.9.
aoverning the conduct of National
banks.
Three of the counts upon which Mr.
Carlisle was convicted related to the
drafts drawn by Mr. Carlisle as presi
dent of the Cold Point Granite com
nany. One was a draft for $130.90,
on the city of Florence. The second
was a draft on the McG-ee Concrete
company, of this city, for $29.%, and
the third was a draft on the Southern
Paving and Construction company, of
Laurens, for $139.9G. These~ drafts
were drawn by the Cold Point Granite
comnpany' an'l worn prosented at the
by the amounr of the three drafts.
Counts 159 and 16o rclatod to 1h(
so-called "Willard transactions." In
count. 1.9. one Z. P. Willard. who
was shown to be a farmer on on' or
Mr. CalislF's plantations, had two
nots with the National Bank of New
h'rrry. one executed March 9, 1907, for
1. M~K. for -3. Both of thse noti
N.r*e endorsed by Mr. Carlisle. On the
founteenth of November. 1907, ^Mr.
Willard paid to Mr. Carlisle the sum
o! $71.54, to be credited of these
notes. According to the indictment
Mr. Carlisle did not turn this money
over to the bank. but applied it to
his own personal usc.
The same circumstances applied to
count 160. On the 27th of November
Mr. Willard brought into Newberry,
according to the testimony offered, a
bale of cotton, which he stored at a
warehouse. The receipt for this cot
ton was turned over to Mr. Carlisle.
for the National bank. for part pay
ment on the note. According to the
testimony, it appears that Mr. Carlisle
put this bale of cotton in with his own
selling it later for $58.92, which he is
alleged to have applied to his own
personal use, without placing it to the
credit of Mr. Willard on the notes.
Both these counts were violations
of section 5209. The jury returned its
verdict yesterday morning immediate
ly after the ccnvening of the court at
!0 o'clock, and after the reading of
i by the c.1trk, Mr. Dominick, for thti
dcf-nse. rmaCe a motion for a e
tri 0. d asled that the argumats
for it ke Ia Mnnday afterno.on.
%vh- v waq grr .nted.
She pjn ipal points of the prv
cuz;cn. I - r. appeared to be ilgig
the lines of the overdrafts. Counts
from one to 150, inclusive, related to
the overdrafts of Mr. Carlisle on his
personal account, on his plantation
account, and on the account of the
Cold Point Granite company. The
prosecution put up a large number of
witnesses to prove that Mr. Carlisle
was at that time insolvent, and tha4
the company was insolvent, and thac
the defendant knew this and had no
reasonable grounds to believe that the
money would be paid back. The over
drafts were proved from the records
of the bank, which were in evidence.
In the cross-examination, the defense
sought to show that the directors had
not performed their duty to the bank,
in going over these loans, and taking
action upon them, and that other di
rectors were heavily indebted to the
bank besides Mr. Carlisle.
The defense a,ppeared to have es
tablished the fact that the alleged
false certification of checks, which
composed another portion of the in
dictment, was done honestly and with
no bad intent by Mr. Carlisle, and
Judge Brawley instructed the jury to
bring in a verdict of not guilty on
these, the last two' counts in the in
dictment.
NOTICE TO MEMBERS OF
SCHOOL BOYS' CORN CLUB
October 29, 1910, at the old court
house in Newberry, will be "corn ex
hibition day" for boys belonging to
the school boys corn club. The fol
lowing prizes will be awarded on that
day:
$5.00 to the boy exhibiting the best
group of twenty ears of corn.
$3.00 to the boy exhibiting the sec
ond best group of twenty ears of
corn.
$2.00 to the boy exhibiting the third
best group of twenty ears of corn.
$5.00 to the boy exhibiting the best
group of ten ears.
$3.00 to the boy exhibiting the sec
ond best group of ten ears.
$2.00 to the boy exhibiting the third
best group of ten ears.
$5.00 to the boy exhibiting the best
group of five ears.
$3.00 to the boy exhibiting the sec
ond best group of five ears.
$2.00 to the boy exhibiting the third
best group of fiye ears.
To the boy making the largest
yield, one-half ton cotton seed meal,
given by the Farmers oil mill, New
berry, S. C.
To the boy making the best report,
showing the preparation of the land,
the manner of cultivation, the amount
of fertilizer and how used, and the
yield, will be given $5.00; second best
report $3.00; third best report, $2.00.
Every acre must be properly meas
ured (showng 4,480 square yards) by
two trustees of the school district in
which the boy lives, and the amount
of yield must be certified to by the
two trustees.
It is esarnestly hoped that every
boy will contest for these prizes.
I would be glad if the boys would
bring or send tbe corn to Newberry on
Friday. October 28; if not then. get
it thero e !y Saturday morning, Oc
tober 29.
J. S. Wheeler,
County Sa.1r:lt'ndent of Edu1cationi.
dwell &Haltiwanger's
RE ESOF
ALLWEEKS
They Came! They Saw They Bought!
The thousands of customers that lined our counters last week from
early morn till dewy eve wended their way homeward singing glad
tidings of the wonderful values given by this Newberry Store---by far
the greatest turn-loose of bargains the old town ever witnessed.
Were You There, If Not, Come Hurry, Be There Today.
No Time to Lose. Every Bargain Turned Loose to
the People and There's Plenty for All. Come
Meet your friends and bring the babies to Newberry's Greatest Store, if they cry and holler,
remember they are welcome. We were all once crying, screaming babies, so come and feel at
home, plenty of rest room for the worn out, tired shoppers. Come one, come all and compare
the prices of this mighty value-giving store. This week we turn on more selling steam and buy
ing will be fast and furious. Hurry and hold your hard earned dollars and dimes till you shake
hands with Caldewli & Haltiwanger, the cheapest spot cash underseller of Men's, Wemen's and
Children's Wear in South Carolina today.
Dress Goods. Dress Goods. Shoes. Shoes.
Hundreds of yards of beautiful Dress Goods Tegets ieo oi o ieSosee
melted away under the red hot cut prices we namedpieanstcdbtwnbrkadmoarn
last week. They still continue. Come to-day. Nebryalsoilatr,grned.Rdth
Silks. Silks.maesnae,adbigalyufetothbg
They are stylish, the Persian Silks the kind we DogasndFeanfrm.
sell. Did you get yours? If not, hurry, no time LFac n ormnfrwmn
toloe.*uy'e owThle ratsto every ofsld cwiear.eee
Laie'otpiis.Uereardsace Rugs. rik n Ovrotr.i
Hudrdsoffie uis ersldlatee. Newear atoi uneard-o, purated. Rah
Every most wntedmstyle'tillmin,stoc, butntomol Great Ruetsleoallewbek
row mae.y em ow oedy.Wolf en'rs. fine $1.0everats at..9
Millinery. Millineryr.BosSut.oy'ui.
The most becoming Hat to suit your dress is OvroetusnSisnwonalthsek
here. Come, give our hat artists your order today. a pca rcs
They are sending out hundreds every week, and 50pismnsPnsa u rcs
always busy.
Blankets and Comforts.GraSleoPius
The cold weather is upon us, and here is the place 50ys 0.Pqe tlc d
to buy. See the prices:
2,000 fine Cotton Blankets, each 25c. Ovr500ys12can1c.Gghmatlc
100 pairs wool nap Blankets, pair $1.98 2 d.bs e sadi onfr$.0
400 pairs nice Blankets at pair $1.19
200 Comforts at each $1.24Hoir.osey
100 Comforts at each $1.98 Eog o l ebrytw n ony e
To keep comfortable come to headquarters.ouspca1c.Heatlcpirhswek
Baby Caps.WassWits
Over one thousand at 24c., 48c., 98c., $1.24, 50raymd assa u rcs
$1.4. Maa, ou cn sut te bay hee.100 msfine d-mad Skircts at $4ie.9
CoeTdy.'ivTer oe of Suthe nowonsethiwe
50 aisme' Pns gtcu rsces