The court took time for consideration, and overruled his contention.

There seemed nothing for it but to go to trial again on the facts, upon which one verdict of guilty had already been had.

As they were going into the court-house in the morning, Mr.Choate said to Mr.Hoar, whose chief part in the trial, so far, had been finding law books, hunting up authorities, and taking notes of the evidence: "You made a suggestion to me at the last trial which I did not attend to much at the time; but I remember thinking afterward there was something in it." Mr.Hoar replied: "It seems to me that Wyman cannot be convicted of embezzlement unless the funds of the bank were entrusted to him.

They must either have been in his actual possession or under his control.
There is nothing in the office of president which involves such an authority.

It cannot exist unless by the express action of the directors, or as the result of a course of business of the bank." The facts alleged against Wyman were that he had authorized the discount of the notes of some friends of his who were irresponsible, and that he had, in some way, shared the proceeds.