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Hoar, George Frisbie, 1826-1904

"Autobiography of Seventy Years, Vol. 1-2"

Choate seized upon the
suggestion. The Government witnesses, who were chiefly the
directors of the bank, were asked in cross-examination whether
they had not consented the Mr. Wyman should have the right
to dispose of the funds of the bank, or to give him power
or authority to dispose of them. They supposed the question
was put with the intent of making them morally, if not legally,
accomplices in his guilt, or of charging them with want of
fidelity or gross carelessness in their office. Accordingly,
each of them indignantly denied the imputation, and testified
that Wyman had no power or authority to authorize the discount
or to meddle with the funds. When the Government case closed,
the counsel asked the court to rule that as the funds were
never entrusted to the possession of Wyman he could not be
convicted of embezzlement. The court so held and directed an
acquittal. This is another instance, not unusual in trials
in court, of the truth of the old rhyme, with which the readers
of "Quentin Durward" are familiar;
The page slew the boar,
The peer had the gloire.


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