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The Big Stone Gap Post._
?,L- X1X' B|G STONE GAP. WISe"?OUNTY, VA? WEDNESDAY. AUG! 30. ?9?7 No. 35 ~ b'RY DISAGREE IN I SUTHERLAND CASE w heard in the Federal Court] ioksIohh hero lias attracted *o tcntion ami interest 11? that Of \V, utherlaud, the absconding ruhler j Itlrctis National Hank of Cllut-I V? i'ho rourt room bus been i , .4i it ilny mill there lias been the ittcndance of ladle* ever wen all trial of any case. Tboy have follower! | . loaoly and eagerly, i i'was set lor the I nth instant, irgiicd at great length before J i llowcll on the (|ueatlon of juris Judge McDowell ruled that the nirl h ui prior jurisdiction anil re-1 tlie ease I" the Circuit Court of I mi county.for trial. He, how ircai Sutherland P> give bond in | B . . i live Ihouaaiid dollar* for his ^K..,: in*!' I" I'm e the Federal Court at I R i, ,! Utrin thorcof after the hearing^ ? in Dickenaou county, ? in the HUh lust., a petition was Hied I lili ih. United states District Attorney, I llcapte, by Judge II. A, W. ^K,,n. Judge of the Ciruull Cotiri jot Rjji county, and Mr. Ira Vanover, ftj wealth's Attorney for Dickenaou '.vi'lg thai the I'llileil Slates tn i'm its jurisdiction in the oaai p lideriiig Iii? jurisdiction of tin |.ilci'>iirl The prayer of the petition I igrauteii. ami Judge McDowell sei tho| t fot I ii.l.iv. the 18th lust. I lieu the ease was called on the 16Tb | , Sutherland A Sutherland, of CUhl .1 allomoya for the defendant, plead | i continuance on the ground tlint they I been nhahloto procure, in.aaary roe . h i. lag relied on the ease being re i Iv.! to the State Court, anil oil this .iii.l the ease was continued until Moit ;,lhe list. in Monday the attorneys for the do? se plead for a further continuance on ground that they bad been unable to tin.nigh ami sort the voluminous tec i-1.iry to establish their case, and iither continuance wa* granted until | ttlay ii. oiling, nil I in i.il.iy morning on the calling of | # case, a petition was fllcnl by Slither wli Sutherland, on behalf of .1 K inieroii .lanuis 1'.' Tiller etid I', IV nil. i i im I, the slllelic Of iV, 0, I?. ill.i-M im,I on his lioud for t-'i.iKSi. dated | i 'ii. for his appearance at the vii.iinol the Circuit Court of I Hck- 1 itiei roun'tv arhlbh;torhi will not con de until tlie 26th day of Bontoniher, 111. The prayer of the petition whs that | Ilm Keiloml Court retained Its jurisdic nu teil Slltliortarld w as convicted, he mild be removed out of the state, ami | lattlu ughis of the petitioners over the ii of Sutherland would he violated .bat they would be held liable fni the nount of the bond on account of tin i n.' of Sutherland to appv.tr Ivefon iW ? citri at said term. S ll -Sutherland argued the petition a ? ii I. ilgth, citing many authorities am taking n strong plea for the prior juris irtiouofthe Slate Court. Judge Me rell ruled, however, that the jurlsdlo iwt of the Stale' Court had liven surren und In the petition Hied In the cause n li e imii lust, by the .lodge of the < iir "I i ..nit of Dlekensoii county) and thai | t **< an Impossible matter for Suther ippcrtr Int..i.- aaitj court and] eft, therefore, all obligations of his siire le> on the bOIld lor his appearance was! winded. on wviini talay morning*, tbe^Snl (net; -? wltneaa called for the proeecutlon-l I red A. Hall, National Rank E* i.t 4 ho hail made an examination of i' * Iti'.ensNational Hank of tllliitwood " Maj '.?, 1910, and who had deteeted no '.ii'.lofoot* In the bank's I rcordsal the time of bis examination. Ik* examination of this witness was ti hliloal lines entirely, bringing! 'St the manner lu which sueli exainllM-1 ire made by the government, re l-"ls tiled, etc. 'edge A. A. Skeen, who had been reddenl of the bank until about two lOuths prior to the flight of Sutherland - ' reUialnOd mi the directorate after his resignation of the presidency, was the Ullwitneaa introduced. Ilevvasexum wm at great; length concerning the con? dition i the hank, its manner of doing ia, its financial condition, the plan eonaolhlation with the Dlokenson ""my Hank. ,u,lge A. a. Skeen wassubjectedto ? Krllllng cross exaiiiliiatldri whichTastcd I ?waral luuira. W l're-siey. caahier ortl.e Dieken ' "' unty rtank,of lllfhtvrooil,waathe wltneaa called lor the prosecution. He wu examined ohlelly concerning the c"iO"li.latlon of the two banks, which | '?*x phtee about two inmiih? after Suih ?Und, tiight. " Crabtree waa another vcrv Im? portant wltneaa for the prosecution la a young man of the neighbor a""d who teaches school tu the winter laud during lila vacations of 19n> ami ? 1910 worked in Hi.' Citizen* Bank for lita ! board In order to gel thinking experience. I lie was examined very closely an to Ilm : work done by lilm lu the bank. < 'rahtrce was subjected 111 u very severe proH examination. It wan attempted to ; prove Hint on or sImiiiI .Inly 5th he had a I large auui <>f innney in hi* trunk mid left hla rooin without locking the trunk, ami was touch exalted when he discovered he li.nl done this and s|x>ke to his room male of the fac On Thursday the principal witnesses Introduced by the prosecution were N. .1, Ituchanati, president of the hank at the limb of Sutherland's lllght, ami Percy 11. Johnston National ll.iuk Examiner. Mr. lluoliaU.luV ecillllnatioll followed closely the lines >i that of Judge A. A. Skcon, going to establish the llnanelal condition of the bank, tho conduct of the director' ale. etc Mr. Johnston's eXaininatlon consumed ?linnet tho ehtlro day. He was the chief witness for the prosecution, having been Sent by the government to examine the bank siui make report when the loss of lu rands was discovered, coupled with the lllght of Its cashier. Mr Jouiiston re. ported a shortage of about *.">.i?si ?fter making his nxiiminstlon. The prosecution closed it- ease on Thursday afternoon, The defense opened its ease Ftiday morning .1, W. Davis was the firs! wit ncs* called, ami his testimony was to provo the Irregular conduct al the bank. K. I?. Sutherland testified toil.xelie monl off), M. Crabtree upon finding bis trunk unlocked about July ?lh, and his Stating to him that he had ?fttm In Ilia trunk, whtohStatement? were cleared up by Crablrcu on his rebuttal testimony Preston Mulllna tosilHcd that shortly he lore the closing of the bank he had been unable to get. a eheek for I'.kt Ollcasliiil by Crabtree unless be took his money in nickels, during morning hours, hut got grceiibaeka in the afternoon, M l' t'olley, Deputy Marshall, loath lied ?s to character of witness, which he considered giiod. It. I.. Sutherland, a brother of defend mit, testified to meeting defendant at Itoncuvoite, W Va . in September, 1010. The defendant, W C. 0. Sutherland, was put on the stand Friday afternoon at :) o'clock, his direct examination contin? ued until fi:aO, when Mr. (iillesple oiwued bis cross examination, which continued until court adjourned at rV.uo. a night session was held, and Sutherland's cross examination continued until In o'clock He was put on the stand Saturday morn* lug ill the opening of court lor his redi? rect examination, and he did not leave the stand until courl adjourned for noon recess lip until he took pliargo of the hank in March, UMU, hi' history as given by liiin self in his direct examination was that of the usual country boy, who received the usual common school education, and helped w ith the work on the farm. He then taught school for two sessions, onu in Diekensoll county and the other in llnolmuan county, lie hud no special training in bookkeeping, hut while work lug ill the store of .Mr I'hlpps, of Clint wood, as clerk did his bookkeeping, and while in the army for three years was de? tailed as clerk, and had bookkeeping to do, and leal rued a eotisideiahle amount about it. On his return from the army be workeil in the postntllce at OllntWOod ax Deputy Clerk, and alto worked in the office of I.. I*. Summers. Internal llev eiiue Collector, al Ablllgdoo, for two years. While there he was cashier, and had a great deal of bookkeeping to do Had had no ox perlene* in hanking except Instructions received from Mr. Maker, the cashier, whom, ho succeeded In the Citi inus National Hank of Cllntwood Sutherland stated that Irregularities ex? isted in the hank long before he became cashier, anil no denial of their existence during his management?his plea entirely based on the confession that he was the tool of the directors; claimed that the di? rectors overdraw their accounts, and re? quired him to meet the overdrafts, or threatened him with dismissal; that they knew ami it was with their consent that he was carrying their paid checks as cash items in order to conceal the trim condi? tion of the cash in the vault of the hank, ami that the director! were Isirrowinc, from tho bank suma larger than they were allowed to do under the law, mid I were also endorsing for each other in I large sums. Stated that on or about .Inno Kith tMH in gold was stolen front the hank, which sum he uever ro|jorled, but curried along in his cash Item account j slated also that on July 1st, the day of his departure, that when he went to close the safe found II PK) in currency u.huting Explains Ida reason for Might as being the two thefts and the fact that he hail been telegraphed that, s drall or one of hi* di? rectors, C. C. Cblldrcss, drawn on n firm In Calilesburg fur fil.oOu was belli)! re- '< turned unpaid, .-urn the fact that the ae counts of the directors were overdrawn and that he was carrying ?? cash Items ] the paid checks of the directors amount- ! lug to betwten four and live thousand dollars, when in truth there waa no cash in the iiauk, and the fact that the condi? tion of things oould no longer lie eon ceiled. On cross examination Mr (Jllleeple brought the defendant's statements from generalities to specific Instances The whole dlteetorate of the hank was goue over, and of the fourteen directors, the defendant made specific charges against four?A. A Skcen. .lohn M Skeen, N. I lluchauaU) ami 0 < Chlldrcss It wasshown that their nvonlrafta were not larger nor the notes carried by them more . ext eaalve than at any time during the preceding six mouths The defcndanl claimed that the cash item account was carried by him in what he called his '?Teller's Cash Item Hook ;" that in It he entered the paid checks of the directors that he was carrying as cash items, thus Iteeplug tab on them and on the true amount of cash carried in the vault of Mic? halik. This Itook had ili?.ip|H-nred, and the defendant was unable to explain that if Another committed the thefts charged, w hy this hook would he of any value to them. Though he stated on direct exam? ination that he was carrying four of five thousand dollars In this cash item ac? count, which m reality had been (slid out on directors' checks, when brought down to Specific Instances, he was unable to statui tho amount or date of any of these checks. The account of the defendant with the hank thoroughly gone into it time of his flight hi* overdraft w as about *3ihi. ami he claimed that ho was (riven jieriiil* ?Ion by the dlrectoa* to overdraw hlaae count The defendant admitted that If the condition of things at the hank were i> stated by him. ha must have sworn fslsi |y to the govarhineut reports sent in by him every few months When Mr, Glllesple closed with Ids cross examination Krlday night, it was thought that the case would certainly reach the jury by Saturday afternoon ami a verdict I?' rendered before nlghl How? ever, when tho defendant waa put On the stand on re-dlrect examination, the whole transaction with ('(' Ohlldrasa regard lug the (2.000 draft on the t'stleltsburg pal t ics, w hich diafl lie claimed ha bail lii-eu telegraphed was benn- returned un? paid, was gone into, and the cioss exami? nation ,iii this point was very lengthy. Kaeh side rested its ease about live o'clock in the afternoon hut it was found that a number of Instructions would have to he given to the jury , and t h it tin- prep? aration of these Instruction* would coni ktime some time, in Jud^c McDowell ,ul JOU riled COItn until S p in At the nlghl session, alter the giving the instructions to the jury. Mr T .1. Miiney. Assistant District Attorney, opened for I he prosecution, followed by Mr. V. f . Sutherland for the defense Judge McDowell continued the case until 10o'clock Monday morning. iiu Monday morning s. il Sutherland closed the case for tho defense in an ar? gument of over an hour, in which he made a very strong appeal foi the de? fendant, ami pre cntcd his case in a tell? ing manner. Mr. (iillcapie closed in a masterly speech, in which he reviewed the evidence clearly and logically, ami! presented to the jury most forcibly thai points at issue in the case. At 12:90 the case went to tho jury and they retired to their room. At one o'clock, not having reached a decision, they were given an hour's rccos* for dinner, At ."? o'clock thoy returned to the court room and an? nounced that they could not agree The Jury waa discharged ami the case set foi trial again at the January term <?!' the court here. We understand that sit of the jurors stood for acquittal ami six for conviction. This was the last case on the docket for this term, so court adjourned Tuesday afternoon. NORTON'S WOULD-BE EDITOR SENTENCED. News received at Norton from Wian county, Texas, states Unit \V. C. Buck w,?rih, alias W. K. King, II. \V. Vanrtndt, etc , xvlici was to have at. > .cd a daily newspaper at .Norton about two months ago, and who wan ar? rested hy an officer from Texas, has been given a trial and sen? tenced to two years in the pen? itentiary. It is stated also tbat Duckxyorth confessed to the charges before sentence was passed. Tom Mowbray, of Big Stone Clap, is visiting his parents, Hftv. ami Mrs. Thomas Mow? bray, of Urnharu.?Tazewell i Republican. Contract Let For Macadamizing Roads in Wise County. On lust Thursday at Wise tho Hoard of Supervisors awarded contracts for macadamising about fifty miles of the Wise county rouds. The successful bidders and the roads they will macadam are ns follows: To It. Li. Peters, Knoxville, Tonn': From Leo county line through Hin Stone lisp to Host. Stone Gap, and fron? Hlue Springs Baptist church to a point one mile south of Dor? chester Junol Ion. To the Clarke County Con struotion Oo , Winchester, Ivy.: The work leading out of Appa la.'hia toward tmboden, Inmnn and Stonegu; also tho road from a point one mile south of Dor? chester Junction through West Norton and Norton to the end of the present macadam road, and from Dorchestor Junction to Dorchester. To Bond ?V Bruce, Wine, Va j Tho road loading from the end of tho present macadam road through the town of Wine to tho Gtllain Sohoolhausu in tho Hurricane; from Wise to Qla? in organ, ami from Wise to the County Karin, tilso from Coo burn to Banner; from Coeburn to Fullers (lap; from G?eburn to Dry Fork; from Slabtowu to Itiverview, and from Virginia City to St. l'aul. Swell Wedding Quito th< event of tin?summer in colored circles was the wed? ding Wednesday evening promptly at five o'clock in tho M. K. Church at this place of lively fa ('loud, the young daugh ter of "diclo Hos" ami "Auut Ellen" Cloud to George Viveth, of Lexington, Ky.. who bus been associated with .Martin L?tber bore, for over a year, and is a popular barber, To the strains of Lohengrin, rendered by Miss .Mary Harron, the bride entered the church on the arm of her father who gnve her away. She was dressed in ,i handsome gown of white lneo over white mlk. wearing tho conventional veil and orange blossoms and carrying white roses. The Maid of Honor, j M ill v skipper, wore white satin J and the two bridesmaids, Nancy Putton and Maggie M orison, wore pink rnossaltno. The groom was attended by his best mau. W. D. Morison, and .Mack Pulton und Will Loonoy acted as ushers. The ceremony was performed in a very impressive manner by Kev. Kwiug, of Hose Hill. A color scheme of pink and white, was carried out in the decoratioiiH of the church, and the Cloud home, whore the bridal party was given a recep? tion fojlowing the conclusion of tho marriage ceremony. A large number of prominent white people attended tho wed-i ding, and the bride received] many really beautiful and ex? pensive gifts. AH the men of the party wore the corroctest of e v o nine clothes, even to silk bats aha canes, and the loon line of car riages outside the church guve quite a metropolitan air to the whole ulTuir. The happy couple left on tho evening train for points in Ken? tucky on an extended bridal tour. DRUNKEN NEGRO CUTS ANOTHER. George Carpenter, colored, was badly cut about the head and back Wednesday night in an encounter with Clarence Williams, another negro, whom he undertook to eject from his room in tho Monte Vista, where he is employed, after Williams, who was drunk, hud vomited on Carpenter's bed. Williams tried to escape, but was apprehended in the gup near tho dark tunnel by Ser? geant Gilly, At the preliminary hearing Thursday Williams I was bound over to the grand 'jury. Big Mineral Deal. Roanoka, Va., Aug. 26.?Tiio biggest deed of trust ever han? dled in tho circuit court of Floyd county waa Bled there laHi week by tin- United Chem ical and Nickel Corporation Company, the deed being made in favor of the Bacon Trust Company of Boston for I'. 0, 000. TIub transaction has a most significant bearing, and means much In Floyd county, since it is more than likely to insure the completion of the Roanoko Mt. Airy Railroad. The United Chemical and Nickel Corporation Company owns thirteen large tracts of land and has options on others. These lands nre said to contain vast deposits of silver and cop? per as well as other minerals. Che $3,000,000 will be devoted to tho development oi the prop? erties. Mines Near Koule id Koail. The far roachinp oiTect of the deal consummated t>V tile em poratiou may be realised when it is known that the right of way of the Roanoke Mt. Airy Kailroad which has been stir veyed, passes within about eight or nine miles of the minus, When the mining in dilstry is developed, it alone would be almost of suflloierit Importance to justify the con struction of the new railroad. The only additional re.pure ment would he a branch line of eight or nine miles to handle the ore for tin- concern R. II. Allgell, a director ill the Roanoke Mt. Airy Kailroad, said yesterday that he had been advised of the lug deal which was handled in Floyd and expressed great Batlsfao lion over it. saying that this would mean much lo the pro. motion of the road. He said that the survey hail Ii. cum pleted und that the estimates arn now being made for the cost of constructing the ninety miles of road. It. is regarded as a foregone conclusion that the Dp< ning of the mineral dupositB in Floyd would have a wliolosol.tVect upon the financial situation us far as the new railroad is con? cerned and would possibly stimulate interest among finan? ciers and give them more COB (tdence in the Ml. Airy Kail? road proposition. The united Chemical ami Nickel Corporation Company i? financed by New Vnrk capital? ists and the development of the properties 1? now assured. Cation to Have Opponent. The democrats of the First Senatorial district, composed of tin- counties of Scott, Lee ami Wise, have called a convention tu moot at this place on Septem? ber 0 to nominate a candidate lo oppose J. H. Cairon Among those mentioned in conneotiou w ith the nominatidn are Robert Flanary, of Wise; John W. Chalkier, of Big Stone Gap, and T, Carter, of Gate City. Dance al Collier Hall. The Oerman Club gave an? other enjoyable hop in the ('oi? lier Hall Friday evening, chap? eroned by MeHtlallies W. (1. Fainter and ,J. K. Taggart. Those dancing were; ? Miss Vera Willis with Mr M L, Raines; Miss Itutti llabnOy with Mr. w If, Polly; Miss (dlliao Lloyd with Mr. Kyle MorllOO Miss Anna AMC With Mr. John Allen doodloe; Miss Virginia liev ciley with Mr Ilyron Rhoad*-. Mis* Mar? garet'Bullltt with Mr Itul'iis Morls.nij Miss Jnle Itullltt with Mr. tleo, Rhoada; Miss Louise (toodloo with "t'nelu lien '' Miss May Kelly with Mr. Tavenor Id pa comb; Mrs Tsguart with I l\ Taggart; Mrs. Painter with l)r \V\ <; Painter. Music was furnished by tho colored string band of this place. R. M. Amort, of .Jollico, Tenn., and Miss Lena Body, daughter of of Mr. and Mrs. James Body of this place, were united in marriage at Jellico on lost Sat? urday. Mr. Amos formerly worked at Stonoga. FRITZI SCHEFF NURSES HER NOVELIST HUSBAND John Fox, Jr., Has Sprained Ankle Which Makes Him Stay in and Work. New York, Auk. -t.?John Fox, Jr., of Big Stone Gap, Va., novelist, is experiencing * bit of the sensation suggested by the title of hi* most famous book, "Holl Fer Sartain," in his suite at the Plaza Hotel lie is kept in with a sprained ankle, ami the only relief that comes to him is those moments that his wife, Mine. Frit/.i SchelT, the priina donna, can spare from rehearsing to nurse hint. Mr. and Mrs. Fox wont up to the Adirondaoka last week to n house party given by Robert F. Collier, the publisher, at his bungalow, I'.titT Point, at Rocky Lake. The novelist, who tx keen on tennis, spent most of the time at that game, and Sunday morning, after a par? ticular forceful swat at the hall, In- gnvn a yelp and suddenly tumbled over in the court with a twisted tendon. The pain was so groat that he and Mine. Sole IT were hur? ried to New York early Monday in Mr. Collier's touring car, ami for three days.the writer has bi-eii working with his ban? daged ankle at an elevation level with his waist line. "it is not serious, but pain fill. Oh, I wish you could hear him!" Mine. Schelf said today. "Yes, I am nursing him, although 1 started rehearsing Monday. The only good thing about the accident is that it keeps him in and makes him work hard?you see there is nothing else for him to do when 1 am not witli him. 1 do not think he bus ever written so much before in such a short spnce of time." Mine. Scholl' will go on tIn? road in a few weeks in a now Operetta, " The Duchess,:' which was written for her. DUTCH LUNCHEON. Max < Jruber, of the Stonega Coke and Coal Company, enter? tained a gay and happy party of friends at the Monte Vista Wednesday evening at a Hutch Luncheon. Those who enjoyed Mr. Qrnber's hospitality were: Mr. and Mrs. Nash, Mr. and Mrs. Parks, Miss .Ionic Stomp, Miss Virginia Groover, Miss Lucy Hiner; Messrs. Gr aber, Wade, McFcrrun, Stevenson, flaut, Prescott, Gray and ('asper. ENTERTAINED AT BRIDGE Miss JanioSlemp entertained the following Indies at. bridge Wednesday afternoon at the Monte \ ista, complimentary to her guest. Miss Groover, ? of chilhowie: Mrs. Reeder, Mrs Kboads, Mrs. Pettit, Mrs. Nash. Mrs. Parks, Miss Margaret lUil lilt. ENJOYED DR. LLOYD. The Graham correspondent to lie- Bluofjeld Telegraph has to say concerning the mission ser? vices held at Graham last week: ??Those who attended the services at the Episcopal church Thursday night enjoyed the expository preaching of Dr. Lloyd, of Big Stone Gap. The theme was "Salvation." The text was based upon Luke's gospel, l'.ith chapter, UHh verse. Some striking thoughts wore clearly and beautifully enunci? ated, towit: "That every, pro? vision for the tiny bubo ushered into the world was already provided for by the providence of God?food, light, air, protec? tion?so hist sinners find n sal? vation provided and awaiting them, which becomes theirs when they claim it by faith. Again having uccepted this salvation, reckon yourself n child of Ood, and begin right away to live and enjoy tho privilege of a child of God." l'liu doctor's illustrations were very effective. Such messages from such u man of God nre bouud to accomplish much good."