Mr.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 that 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.