Rensselaer Semi-Weekly Republican, Volume 38, Number 44, Rensselaer, Jasper County, 16 February 1906 — TOM McCOY TOO SICK FOR TRIAL. [ARTICLE]

TOM McCOY TOO SICK FOR TRIAL.

Attorney. Sellers, of Monticello, who is prosecuting the cases against the McCoys, telephoned Treasurer Nichols Wed. morning that the trial which was set for today had been postponed until next Monday. A great many witnesses had'been subponaed for Wednesday and Thursday but will not be required until Monday or Tuesday of next week. The cause of postponement this time is said to be the sickness of Tom, who is in Lafayette. Whether dangerously or conveniently sick none here seem to know, but as Tom had a sick spell at just the time of the bank’s suspension, it seems that it may be pseudo-sick-ness again.

It is not at all improbable that Tom will be sick enough by next Monday to ask for further postponement. The idea prevails with some people that should the cases not come to trial at this term of court they would be nolle pressed. This is not the fact. The indictments could only be made within two yean after the violations of the banking laws are alleged to have occurred, but this having been done, and the arrests made, the defendants cannot be released until the cases are tried or the prosecution has failed to appear for trial. Tom’s acquaintances here are, of course, very anxious for him to “get well.”

Ih this postponement the statement of the attorneys that Tom was sick was accepted, but Judge Palmer informed Attorney Haywood that his verbal statement would not hereafter be taken, and that if further postponement was asked the request would have to be supported by affidavits of the defendant’s inability to stand trial. If this was not done by Saturday Judge Palmer said the case would be called up Monday. The lawyers were further instructed that it wonld be necessary for McCoy to give a new release bond. His present bond bears the signatures of J. F. Irwin, of Rensselaer, and Henry Taylor, of Lafayette, the latter of whom is dead. The total bond is $5,700, or S3OO for each of the 19 indictments.