Jasper County Democrat, Volume 9, Number 6, Rensselaer, Jasper County, 12 May 1906 — THE McCOYS NOW ON TRIAL [ARTICLE]

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.

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 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:

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.

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.

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.

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

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.

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.