Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-20
DEEANATER'SDEFENSE.
Is That His Bank Was Solvent When
the Big Judgments
FORCED 1T TO SUSPEND BUSINESS.
He Believes the Assets Will Realize Enough
>to Pay Everybody
NOT SHAKEN BY CROSS-EXAMINATION

NOT SHAKEN BY CROSS-EXAMINATION
| MEADvILLE. PA, Feb. 19.-The Court
having yesterday ruled that G. B. Delama-
ter and T. A Delamater were to be no
longer considered as defendants in the case
now being tried against the firm of Delama-
ter & Co., by reason of a lack of evidence
against them. the single defendant, George
Wallace Delamater, vas on hand with his
counsel promptly at 9 o'clock this morning,
the hour fixed for the beginning of the pre-
sentation of testimony for the defense. BY
reason of. the sickness of, Juror Jameson,
Judge Henderson asked counsel to be extra
careful in the trial of the cause.
George A. jerks opened for the defense
by an address to the Jury, during which he
claimed the ability of the defense to show
that the Delamater firm was not insolyent,
and that the remaining defendant, George
Wallace Delamater, should be set free, be-
cause of the inability on the part of the
prosecution to prove that the defendant or
the firm of which he was member was in
solvent at the time Of the failure, and also
that the prosecution had failed to prove
that G. w. Relamater had any knowledge
of the insolvency of the bank, and that the
prosecution having failed to prove that the
defendant Lad guilty knowledge of the
taking of money after the bank had failed,
it had failed to establish case against the
defendant.
Honesty of the Delamaters Dwelt On.
During his statement to the jury Mr..
jerks referred to the establishment of the
bank and the placing therein of the entire
property and credit of G. B. and I. A. and
G. w. Deamater, their method of manage
ment and the promptnesS with which all
connected with the failure turned over their
entire property for the benefit of creditors.
He dwelt at length upon the return of G.
W. Delamater after the deed of assignment
had been made, and how the latter, having
been informed that his wife had been pro-
tected over other creditors, insisted that
what had been set aside for her should be
placed among the assets for the benefit of
all creditors. Continuing, among other
things Mr. jerks said: "Many people in
this community no doubt believe that G.
W. Delamater has made some mistakes DUR
ing his life. but l am confident that no man
ever suspected him of having been dis
honest"
Mr.. jerks warned the jury against al
lowing the prosecution to lead their minds
away from the subject matter of the indict-
ment, declaring that Mr.. Roddy, the prose-
cutor, had got things worked into his mind
until he believes them, and that he was
likely to present them to the court and jury
unless objection was entered in time to pre-
vent him.
The Defendant Poorer Than Others.
Mr.. jerks presented a list of assets
which he claimed represented 81, 243, $50,
and which he said he expected to prove
would have brought that amount had the
failure not been precipitated. He declared
that, while it is true that many people have
been made poor by the failure, behind them
stands 6. w. Delamater poorer than them
all and responsible for their debts. He also
outlined the conduct Of the members of the
firm during the years of their business con-
nection, stating that no dividends had been
declared at any time, and that with a
of the large number of proper
ties owned by them and their almost un-
limited credit, it would seem an impossible |
tv for the firm, without a detailed eIamina-
ton of their assets and liabilities, which |
was never done, to believe itself insolyent. |
Mr. jerks referred to the election of G.
w. Delamater TO the Senate of the State, |
his absence from business and the giving |
np of almost all of his time to political am
Oition, which, while he declared it to be a |
mistake on the part of G. w. Delamater. |
served to show his lack of knowledge of the |
real condition of the affairs ofthe bank. In |
support OF his declaration that the members |
IF the firm believed themselves solvent, Mr. |
Jenks said that he expected to prove to the |
satisfaction of the jury that prior to mid
hight of December 4, when judgments
against the bank were entered up by James
E. Mcfarland, which forced the making of |
he deed of assignment, there had not been
1t any time any discussion regarding the /
subject of assignment by the defendant or !
my of the members of the firm.
Believe They Can Pay Dollar for Dollar
George Wallace Delamater was then
,alled by the defeuse. His testimony was
given in plain, straightforward matter of |
act way He explained to the Court and
ury upon what he based his estimates of
he values of the several blocks of stock
leld bv the firm. In short his answers to
he questions of counsel were given with |
to show that, had the firm not
,een forced to assign in the ordinary course
If business affairs it would not have failed.
During his testimony Mr. Delamater
declared his belief that the assignees would,
Ifter the stock has all been sold, be able
o pay every dollar of the Indebtedness due
lepositorS
Inc entire AFTERNOON session was taken up
" the prosecution in an examination of
George Wallace Delamater, who in response
o questions by the prosecution swore that
lie fully believed the firm of which he was
member was solvent until he learned that
judgments had been entered against it by
lanes E. Mcfarland, which action weak
ned their credit to an extent which in his
Judgment made the assignment business
necessity.
Swears the Firm Was Solvent.
During the examination he explained the
ecurities owned by the firm had been
pledged to various financial institutions in
Philadelphia, New York and elsewhere as
securities for loans made for the firm of
)elamater & Co. and individual loans made
" G. w. Delamater. He also explained
II detail his opinion of the valuation of the
cal estate held by the firm and individual
members thereof in Mesdville and other
sections of the State, also in Ohio, and re-
terated his declaration that the firm was
olvent at the time of the failure.
The eross-examination of Mr.. Delamater,
While severe and searching, failed to shake
lis direct examination in the least, and pro-
luced favorable impression in the court.
The trial is rapidly approaching conclusion
md is likely to go to thejury late tomorrow
n Monday.
TRAINING bird in five minutes is ex-
II, nysp