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Cashier of Defunct Bank Indicted. Dallas, Tex., Sept. 10.-Charging him with illegally receiving bank deposits, three indictments were returned in the district criminal court here against W. C. Witwer, formerly cashier of the suspended Western Bank and Trust company of this city. The bank failed in January, 1909, for more than $1,000,000.
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RECEIVER McBRIDE IS FLEMING TRIAL WITNESS. Dallas, Texas, Dec. 6.-Receiver McBride, of the Western Bank and Trust company, was the only witness placed on the stand this morning in the trial of Fred Fleming, former president of the institution, who is charged with receiving deposits while the bank was failing. McBride was only asked a few questions when the defence raised an objection to the method of showing the jury what the bank books contained, and the entire morning was consumed in argument on this point.
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FLEMING CASE ON TRIAL. Morning Spent in Arguing an Objection of Defense. [Special to The Bryan Eagle.] Dallas. Texas. Dec. 6.-Receiver McBride, of the Western Bank & Trust Company, was the only witness placed on the stand this morning in the trial of Fred Fleming, former president of that institution, charged with receiving deposits while the bank was failing. McBride was asked only a few questions when the defense raised an objection to the method of showing the jury what the bank's books contained and the entire morning was consumed in an argument of this point.
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FRED FLEMING'S TRIAL INTERRUPTED Judge Adjourned Court Because Granddaughter of Juror Was Dying. [Special to The Bryan Eagle.] Dallas, Texas, Dec. 9.-Receiver L. C. McBride was the only witness on the stand this morning in the case of Fred Fleming, former president of the Western Bank & Trust Company, charged with receiving deposits when he knew the bank was failing. Before the examination of McBride was completed it was announced that the granddaughter of Juror T. M. Brown was dying of pneumonia, and Judge Seay adjourned court. The trial may not be resumed until Monday.
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COURT ADJOURNS TEMPORARILY Illness of Grand Juror Causes Suspension of Fleming Trial. Texas News Service Special. Dallas, Texas, Dec. 9. Receiver L. C. McBride of the Western Bank and Trust company was the only witness on the stand this morning in the case of Fred Fleming, former president of the institution. Before the examination of McBride was completed it was announced that Grand Juror Brown was dying of pneumonia and Judge Seay adjourned court. The trial may not be resumed until Monday.
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McBride Still on Stand. Texas News Service Special. Dallas, Texas, Dec. 12.-L C. MeBride, receiver of the defunct Western Bank and Trust company. is on the stand again today in the trial of Fred Fleming. the former president of the bank, who is accused of receiving deposits when he knew the institution was insolvent.
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McBride on Witness Stand. [Special to The Bryan Eagle.] Dallas, Texas, Dec. 13.-L. C. McBride, receiver of the Western Bank & Trust Company, was on the witness stand today in the trial of Fred Fleming, former president of the bank, charged with receiving deposits knowing the bank to be insolvent.
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# COURT REVERSES THE # FRED FLEMING CASE FORMER PRESIDENT OF WEST- ERN BANK COMPANY GETS A NEW TRIAL. Court of Criminal Appeals Finds Al- leged Defect in the Indictment. Davidson Writes the Opinion. Associated Press Special. Austin, Texas, June 24.-Presid- ing Judge Davidson of the criminal court of appeals required twenty-six pages to reverse and remand the case of Fred Fleming, who had been convicted at Dallas on a charge of accepting deposits when he was al- leged to have known that the Wes- tern Bank and Trust company was in an insolvent and failing condi- tion. Error is found in the court's charge defining "insolvency" in not properly instructing the jury unde- what circumstances Fleming would be held in law in giving his assent to receiving deposits where money received by another person, it having been shown in this case that Fleming did not actually receive the deposits, but an employe of the bank did. Judge Davidson holds the indict- ment defective in that it did not al- lege that the check, which forms a basis of this case and which was payable to the order of McAlister, was indorsed by him at the time of delivery to the bank. The opinion also holds that the testimony of McBride was inadmissi- ble because the witness testified to facts about the conduct of the bank from his receiver's report, which was compiled by others, he having no personal knowledge of the facts thus testified to.