Jasper County Democrat, Volume 9, Number 6, Rensselaer, Jasper County, 12 May 1906 — Page 1

Jasper County Democrat

SI.OO Per Year.

THE McCOYS NOW ON TRIAL

Judge Farber Holds Indictments Good, and the Political Bankers Face the Bar of Justice.

MAY CONTINUE THREE WEEKS Oeneral Opinion Now That They Will Be Convicted.—Depositors All Summoned By State. After a period of over two years since the failure of the McCoy banking firm of Rensselaer, by which hundreds of depositors were suddenly left without funds and many had their life’s savings swept away, the bankers who got away with all this money are brought to trial, and are now being tried in the White court. Judge Farber Saturday overruled the motion of defendants’ attorneys to quash the indictments, holding them good. This was evidently a great disappointment, as the defense bad relied on knocking the indictments out on technicalities.

The woTk of securing a jury was began Monday and two special venires of 40 and 15 was exhausted in securing 11 of the 12 jurors. The sheriff was instructed then to go on the street and pick up men to fill out. Great care was exercised by both the state and the defense in selecting jurors, and nearly 80 men were examined before the complete panel was filled at 3:30 p. m. Tuesday. Most of those examined bad beard and read of the case and had formed or expressed an opinion that would take considerable evidence to remove. One man when questioned said, “Ob, they are guilty, all right.” and of coarse he was promptly excused. The jury as finally accepted are as follows:

Allen Redding. Civil engineer, Idaville. Chester Sprague, real estate, Monticello. Frank M. Clay, farmer, Burnettsville. J. B. Foltz, retired merchant, Reynolds. Charles Andrews, contractor, Liberty tp. Lucius Custer, farmer, Liberty tp. Paul Ward, farmer, Chalmers. John Walters, farmer, Cass tp. Chester Wickersham, farmer, Cass tp. M. M, Ryroads, farmer, Princeton tp. Reuben R. Withlow, farmer, Idaville. John Schrader, farmer. Brookston. The jury was excused Tuesday evening until the next morning, told to go home and make their arrangements to be on hand then, and it was intimated that the trial might last several weeks. It is the opinion of those of our people who have been over that it will take from two to three weeks to try the case, all the cases practically hinging on the one now being tried, that of embezzling S4B from J. H. Cox, the newsdealer, who deposited that amount with assistant cashier Walter White about 3 p. m., on Saturday previous to the closing of the bank’s doors—or on the last day the bank was open for business. Mr. Cox had in all some $330 in the bank when it failed.

PBOGBEBS OP THE TBIAL. The esse was presented to tbe jury for the state Wednesday morning by Deputy Prosecutor Leopold of Rensselaer, who spoke for about fifteen minutes. He stated what the evidence would show, that both the McCoys were largely overdrawn in their private accounts at the bank, Tom’s being overdrawn ¥152,000 and A. McCoy over $50,000; that the firm had assets of $250,000 to $275,000 and liabilities of $475,000 when it closed its doors on April 18, 1904; that the bank was insolvent at the time the deposit was taken and had been insolvent for several years; that defendants knew of the insolvent condition, etc , etc. The first witness called by the State was Mr. Cox, who swore to having deposited S4B in the bank at 3 p. m., April 16; said deposit being taken by Walter White, the assistant cashier; said he had been doing business with this bank all the time that he had resided in Rensselaer, and had something over S3OO on deposit at the time of the failure. Sometimes in making deposits the money had been taken by Tom; had seen both the McCoys about tbe bank. Mr. Cox is 73 years of age. He was not oross-examined by defendants

Next witness called was Walter M. White, the assistant cashier, who had charge of the Ijank for a week or two before the failure, Tom being sick? White was employed in the bank about three years, received $75 per month salary; received the Cox deposit on April 16, 1904; said when the bank closed there was between S2OO and S3OO in the safe; it was Alfred McCoy who told him that the firm had decided not to resume business on April 18, 1904, and this testimony, in the opinion of the State's attorneys,demonstrated that White was the agent of the McCoys. It was on the testimony of White that the whole case of the State rested and the purpose of the State in a long series of questions by Mr. Sellers was to show that White was the agent of the McCoys, and thus they would be bound by his acts. The defense objected to almost every question asked by the State, making a vigorous protest against the admission of White’s testimony, but in nearly all instances the court overruled the defense.

The State attempted to show that frequently, previous to the bank’s failure, Thomas J. McCoy was compelled to get money from outside sources to tide over the business of the day, but was not able to do so, the court sustaining ,the objection of the defense. The defense spent a great deal of time in cross-examining White and he was on the stand nearly all the afternoon. These were followed by scores of depositor witnesses in all walks of life, who told of the amounts they had on deposit and the per cent that they had since received from the assets, 20 and 10 per cent, making a total of 30 per cent.

It is said that the defense will be that the bank was solvent, and that had the assets been handled properly they would have paid out dollar for dollar, therefore there could be no embezzlement. To offset this the State will introduce direct evidence to show the bank’s liabilities, and to this end the depositare summoned to swear to the amounts each had on deposit. It is claimed that this is the only way this evidence can be gotten in; that it can not be done by the bank’s books. However this may be. it certainly is a great hardship to many, and especially the farmers, to be forced to lose their time from their work at this busy season. Up to Thursday night there had been about 75 witnesses examined by the State, and it is thought it will take nearly all of next week to get through with the prosecution. The defense will have about 100 witnesses, it is said, and the argument will probably be quite lengthy, therefore it appears that the case will last nearly two weeks yet. Conrt was to adjourn last evening until Tuesday, when the case will again be taken up and pushed through to a conclusion.

m’coylets. The jury is composed of rather young men, the average age probably not being over 35 years. About 100 witnesses returned home Thursday evening, and a great many who had not been examined yet, remained over. It is said that every depositor of the wreoked bank has been summoned by the state, and an army of witnesses have been in attendance this week, few of whom have yet been used. The penalty for embezzlement under the statute these cases are being tried, is from one to three years in the penitentiary, and we understand, a fine of double the amount embezzled. ’ The Cox case will be the only one tried now, and if found guilty, which most people think they now will be —that they have at last been brought to trial —they will be sentenced on this, and the other indictments will hold good and can be tried at the expiration of their term of imprisonment.

Rensselaer, Jasper County, Indiana, Saturday, May 12, 1906.

The aucoustio construction of the court room is the poorest we have ever been in, and it is almost impossible to hear one-half that is said by counsel and witnesses, even when seated in the front row of seats. On motion of defendants the witnesses are excluded from the court room, and they must put in the time loafing about the stredtsor grounds, within call when wanted, which is another hardship on them. The defendants filed a motion Monday to require the State to elect whether the defendants should be tried as bankers, partners or persons doing a banking business, to which the State objected, and the objection was sustained. The state is represented in the trial by E. B. Sellers, of Monticello, employed as special prosecutor in the case by Jasper county, Prosecutor Graves, of Morocco, and his deputy. Mose Leopold, of Rensselaer, and Prosecutor Thomas, of Monticello. Defendants have a strong array of counsel, and it is evident that every point will be bitterly contested all the way through the trial. Counsel tor defendants are, Haywood & Burnett and John F. McHugh, of Lafayette, Reynolds, Sills & Reynolds and Geo. F. Palmer of Monticello.

The five cases charging embezzlement of $23,000 county funds deposited by S. R. Nichols, county treasurer, were nolled, it being evident that a conviction could not be secured in those cases because of Nichols owing the bank and the late settlement of this loss by saddling it onto the depositors. This leaves 14 of the 19 cases sent .over to White. Our people who have been over this week seem very fayorably impressed with Special Judge Farber of Frankfort, who is hearing the case, and think that his rulings are above criticism. The Monticello Journal says “the jury is above the average of the common run of panels, and it is safe to say they will be careful in their deliberations.” But two of the regular panel are on the jury. It seems to be the general opinion here that a “fair shake”'will be given all parties, and nothing will go by default.

It was reported that a stranger, a mysterious “little man with sidewhiskers,” had attempted to talk with one or two of the jurors Tuesday, and he was heard from again Wednesday. Concerning this individual the Indianapolis News’ special correspondent, who is attending the trial, said:

Judge Farber has ordered a “mysterious little man with the whiskers" brought into court and sheriff Stephens and his deputies are looking for him. One of the talesmen testified yesterday that he had been approched by a little man with whiskers, but not much attention was paid to his assertion. Last evening, however, after the jury had been sworn and was ready to hear evidence it was sent to a room in char/e of the sheriff. The sheriff was taking down the names, when he found that there were thirteen men in the room. He picked out the man with the whiskers as the odd one. “Are you a member of this jury?" asked Sheriff Stephens. “I guess I will be," answered the man uneasily. “Well, you are not, and you get out of here!" As the sheriff spoke the man dashed for the door and ran down stairs, with the sheriff in pursuit, but the mysterious man with the whiskers was too fleet of foot and escaped. The matter was reported to Judge Farber, and he ordered the stranger brought in if he could be found. The judge says that unless the stranger can give a satisfactory explanation of his business in the jury room he will be put where he will not attempt any jury fixing for some lime. All the attorneys on both sides deny any knowledge of the identity of the man, and all have asked the court to use its power to apprehend him. Regarding the above, we will say that it seems to have originated only in Blodgett’s fertile brain, as the sheriff knew nothing of it until he saw it in print. The writer spent a couple of hours as a spectator in the court room Thursday afternoon. During this time Frank Donnelly, Ike Tuteur, of Chicago, Mark Reed and Frank Welsh, of Jordan tp., John Makeever, Fred Waymire, Elza Grow, J. MeCashen, A. G.W. Farmer, Misses Ora Duvall, Mary Meyer, Mrs. Anna Tuteur and Mrs. Dr. Horton were the witnesses examined. Few questions were asked, most of these simply about the amount they had on deposit, etc Makeever, Welsh, Reed and Waymire were asked as to value of the Jordan land sold the Hills,

the defense trying to make it appear that this land was worth SIOO to $125 per acre, while the State showed that it was worth only S6O, and was sold for some $63 “Our Tom” is looking quite well, perhaps has a few more lines in his face and realizes that it is a serious matter that confronts him. The wives of both the McCoys are in attendance at the trial, and listen to the rather dry and generally uninteresting proceedings with close attention. Not much interest is manifested by the public of Monticello in the trial, and less than fifty spectators were in the court room Thursday afternoon.

Among those called over yesterday were: Mesdames Amsler, Barkley, Drake, Larsh, Eiglesbacfi, John Nichols, Mattie Benjamin, Biggs, (Wheatfield), Hughes, the old lady from the poor farm, who lost all she had and was compelled to go to the county house, Miss Clifford Moody and Miss Lessie Bates, Rev. D. T. Halstead. A list of those wanted the next day, is now sent over to Sheriff O’Connor each evening, and if those who have been summoned will call him up by ’phone at his residence they can perhaps save themselves a trip over when they can not be used. A list will also be left at Fendig’s drug store and at the depot. Later: A message was received by Sheriff O’Connor about noon yesterday to hustle down 25 more witnesses on the 2.04 p. m., train, which was done. The first consignment was exhausted in the forenoon.

JASPER BUY VERDICT AFFIRMED.

Remington Attorney /lust Pay the Fine Assessed for Shooting “Tip” Kenyon. The appellate court Thursday affirmed the State case sent up from this county against Jasper Guy, the Remington attorney, who was tried here several months ago and fined SBOO for assault on ’Will Kenyon, his step-son-in-law, shooting and wounding him in a couple of places, when, as Guy alleged, he thought Kenyon was going to beat him. The fine was the heaviest ever assessed in this court, and will be a very serious thing for Mr. Guy, who is a poor man. The fine and costs will probably reach SI,OOO.

MONTICELLO GOES “DRY.”

The Good Citizens’ League of Monticello has secured a majority of over 50 of the leual voters of Union township against the traffic in intoxicating liquors in said township, and Monticello will soon join the “water wagon” brigade.

ABOUT THAT NEW BUSS.

A few months ago there was a good prospect of another buss line being established in Rensselaer, and the parties went so far as to order a new rubber tired buss and pay SSO down with the order as a guarantee of good faith. Soon after placing the order one of the parties is reported to have stated that he bad been paid SIOO to drop the proposition, which he did, and the other party who wanted to go ahead in the matter, but who could not devote his own time to it, was unable to find a suitable man to take the other’s place. Consequently the proposition seems to be dead at the present time so far as either of these parties are concerned It is stated that enough Rensselaer people came to these parties when it became known that they contemplated starting another buss line to guarantee them $196 worth of cash ride tickets to start on, which shows the popular feeling in the matter. There is certainly a mighty good opening here for a man with a little money to purchase a good outfit, and with ordinary push and energy, to enf;age in the buss business, and it is ikely someone will takb hold of the proposition ere long.

BEEN APPOINTED LAND AGENT.

Will H. Flagg has been appointed represenative of the Texas State Land Bureau, and the man desiring a home on 40 years time at 3 per cent interest, or the one desiring to invest his money profitably should call at his office in the Journal Building. One to eight sections of land at $1 to $4 per acre. Ask about a free trip to Texas. Some fine land in Jasper and Starke counties for sale.

THE COURT HOUSE

Items Picked Up About the County Capitol. The Panhandle railroad company is appealing the Remington case which was decided against them for fenoing up their right-of-in said town. —o — Marriage licenses issued. May 5, Edward Lewis Hall of Union township, aged 24, to Clara Marie Dewitt of Fair Oaks, aged 19. First marriage for bride; second marriage for groom, first wife having been divorced in October, 1905. o New suits filed: N 0.7041. Warren T. McCray vs. Fred Wellington et al; action to foreclose gageNo. 7042. Matter of declaring W. W. Reynolds of unsound mind. No. 7043. J. R. Jolly vs. R. N. Stiles et al; action on note, demand $155. —o — The county commissioners finished the work of the term Tuesday evening and adjourned. Following is a report of the more important proceedings: The trustee of Marion tp„ was granted permission to extend poor relief to Allice Potts to the extent of sls per quarter. Notice ordered for bridge lettings on first day of next term as follows: 1 in Union, 1 inMillroy. Bond of C. C. Warner, clerk, in sum of $15,000, with Norman Warner, S. T. Comer, A. F. Long, J. C. Gwin, J. J, Hunt, J.H. 8. Ellis, J. D. Babcock and J. 0. Martindale as sureties, was approved.

Report of grand jury as to improvements at poor asylum were referred to county council for appropriation. Fred Karch, Henry C. Meyers and F. M. Hershman were appointed viewers in a highway petitioned for by Andrew Grube of Wheatfield tp. Requisition of Jesse Nichols, superintendent of the poor farm, for supplies for the next quarter was approved and contract will be let on first day of next term. Mary M. Potts, petition for ditch; cause ordered docketed and referred to drainage commissioners for preliminary report. John Hudson et al, petition for ditch; Hugh L. Gamble appointed engineer; referred to engineer and commissioner to report on or before next term.

John R. Lewis et al, petition for ditch; answer filed to remonstrance of Margaret Tudor; C. B. Wells files answer; evidence heard and taken under advisement until June term. John Btack et al petition for ditch; referred to drainage commissioner; M. B. Price files declination to act as engineer and Hugh L. Gamble appointed in his stead, to meet May 21. A. K. Yeoman et al petition for O’Meara ditch; preliminary report filed; A. K. Yeoman, Delos Thompson, Oscar Hauter and J. W. Wasson ask to withdraw from petition; cause continued for objections to preliminary report. Bonds ordered in the Iroquois ditch for $74,500 in denominations of $,)00 each in 9 equal annual series of 15 bonds each and one additional series of 14 bonds. Notice for jetting Marion-Retraselaer stone road contract on June 4. Contracts awarded Pan American Bridge Co., for one new bridge in Gillam tp., at $875, and one in Union at $750.

The County Board of Education met at the office of the County Superintendent Monday. N. Littlefield was re-elected truant officer for another year without opposition. The contract for gold stars was let to G. J. .lessen at 92 cents each. L. H. Hamilton, I. N. Warren, Robert Mannan and P. J. Bresse were appointed a committee to make out the high school course of study for the first and second years. The trustees of Walker, Kankakee, Keener and Wheatfield townJ '

Vol. IX. No. 6

ships and the town of Wheatfield were appointed a committee to arrange for an educational day at Wheatfield, and Trustees H. Davisson, Stackhouse and Sage for Rensselaer. A. L. Bouk was re-elected secretary for another year. , Dates for commencement were set as follows: Walker, May 30. Kankakee at Dunnville, May 31. Wheatfield Town, June 1. Gillam at Medaryville, June 9. Union at Aix, June 16. Newton, June 21. Carpenter at Remington, June 22. '"" V' 1 ' " Marion and Barkley at Barkley ohurch, June 30. The following resolutions were passed in reference to the resignation of Trustee Phillips of Gillam. Whereas, because of sickness in the family of our brother trustee, Phillips, of Gillam, he is compelled to resign his office and seek relief in another state, be it. Resolved, that we, the County Board of Education, hereby tender Mr. Phillips our sincere sympathy in this, his deep affliction and extend our best wishes for the speedy recovery of his wife's health. That we deeply feel the loss of a very worthy member of our Board and trust that his township may be so fortunate as to secure a man to succeed Mr. Phillips, who will be of equal unswerving business as well as having the same high ideals in school advancement. A. L. Bouk, C. E. Sage, A. A. Fell, Committee.

TRUSTEE PHILLIPS RESIGNS.

M. W. Coppes Appointed In His Stead—Democrats Still Have rtajority of One. Considerable surprise was occasioned Monday by the resignation of Theodore Phillips, the democratic trustee of Gillam township, but when the facts became known there could be little if any criticism for his action. Had the matter been talked over, however, with the party leaders it is probable something could have been done to have induced him to hold on a while longer at least and delegate temporarilly some of the minor duties of the office to some good reliable citizen of the township until he could decide whether it would be absolutely necessary for him to give up the office. It seems Mr. Phillips’ wife has been in poor health for some time, and has lately become so bad that her physician last week advised an immediate change of climate. To this end he has rented his farm and will have a public sale of his personal effects and household goods next Tuesday, after which he will take his wife to Columbus or Fitzgerald, Ga., in the hope that she may regain her health, and the host of friends of both will pray that their hopes may be realized. Mr. Phillips has made an excellent trustee and the people of bis township are extremely sorry that he must resign the office to which he was elected by the votes of about two-thirds of the voters of the township. The resignation was made to the auditor, and the commissioners appointed M. W. Coppess, a republican, to fill out the unexpired term. This leaves the trustees stand seven democrats to six republicans, where it was dight to five.

SEVEN CANDIDATES HEARD FROM.

Some Big, Lusty Men Who Want To Be Nightwatch. The new members of the City council will take their office next Monday night, at which time Councilmen Harris, Grow and Dean will retire and Henry Hildebrand, Eli Gerber and John McColly take their places. Councilmen Irwin and Spitler are the only old members who were reelected. The mayor, clerk and treasurer will serve until Sept. Ist under their present terms and the present marshal, who was appointed to serve out the unexpired term of the old marshal, will also serve to Sept. 1. At the meeting Monday night the mayor will probably appoint standing committees and the salary ordinance will probably be introduced. A nightwatoh will also be elected, and it is reported that the following named parties are candidates for the appointment; Frank Critser, Hnrator Ropp, Charles Platt, Christie Vick, Harry Wilshirs, Alva Simpson and the present incumbent, Lyman Zea.