The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-05
IS CHARGED With FORGERY
Treasurer N. j. Stone Of Defunct
Olyphant Trust Co., on Trial.
BANK EXAMINERS TESTIFY
Bank Failed Jan. 20. 1895. and the Treas.
urcr Is Accused OF Forging Notes.
vcrdiets Of Guilty Against Trus.
tees Of Workiusmea's Hall.

Trea surer NJ. ]. Stone. of the defunct
Olyphant Trust Co., which was closed
on January 2S, 1895. was put on trial
yesterday morning on the charge or
forgery. before Judge Archibald in the
main court room. District Attorney
John X. Jones represented the COM
and Attorneys George 5.
Horn and c. Comegys are for the de-
fendant.
Stones mother. wife and little daugh-
ter were seated all day within the bar
directly behind him, and
there was an air of anxiety and yearn-
ing about them that was touching.
He is a young man of refined appear
ance and has a frank and honest coun-
tenance. The crime with which he Is
charged Is very grave, but 1t Is said
that, though his management of the
affairs of the bank appears to have
been crooked. yet the defense hopes to
be able to prore to the satisfaction OF
the jury that 1t was nothing worse
than an error of judgment
Attorneys Horn and Comegys are
putting up a stiff legal battle to save
their client. When the case was called
at 9 o'clock they moved to quash the
for the reason that there
fifth. seventh and ninth. which charge
no substantive crime or offense. The
motion was overruled.
Plea Of Abatement Entered.
\ plea in abatement was next entered
by Mr.. Horn as to the charges against
the defendant. Then another motion
to quash the Indictment was made on
the ground that the defendants name
is not Myron J. Stone, but his name Is
Martyn j. Stone and as such he has
been known since his nativity. Judge
Archibald again overruled the motion
to quash and allowed the motion of the
district attorney for an amendment
that wherever the name Myron j. stone
appears in the Indictment 1t shall be
changed to read Martyr ]. Stone.
The attorneys for the defense then
refused to enter any plea and stood
mute. The court thereupon ordered
and directed that plea of not guilty
he entered upon record. 1t was 10
o'clock when the case opened. The
OF Incorporation OF the trust
was offered in evidence.
The first witness called by the COM
was Ira Schaffer, OF LOCK
Haven. assistant state bank examiner.
lie paid a visit to the Olyphant insti-
tuition in the latter part of January
year ago and he found an entry or
so3. 900 on the Individual deposit ledger
which was accounted for BY notes dis
counted Mr.. Schaffer asked to have a
look AT the notes and when they We're
handed to him. ne told Mr. Stone the
signatures were all made by one per-
son. Mr. Stone tried to tear up the
notes but the witness succeeded in him
dering him and the papers were after
wards patched up with mucilage Mr.
Schaffer then charged Mr.. Stone with
forgery.
Amounts Of the Notes
The notes We're as follows. One I'm
the sum of $1,000. purporting to be
signed by G.. w. McHale: one for $1,000
with the signature IL. r. Bennett
one was alleged to be given by his
mother, Mrs stone. in the sum of $4,000
and another in the name of his wife
for $4,000. A note was also produced
for $1,000 I'm the name of "G. A. Baker.
+. n. Martin. of Brookville, Pa. an
other assistant state bark examiner,
testified next He swore that Mr.. stone
admitted to him on January 26. two
days before the banks business was
suspended. that he had signed the
a notes. They were
drawn on December "a. 1894, and he
signed them on January %. 1895, the
day before the bank examiner came
around.
G. NJ. Hull. president Of the bank.
identified the notes and stated that a
general banking business was done by
the Olyphant Trust Co. G. NJ. Hath
away. James O'Brien and s. N. Cal
lendar. directors of the bank. identified
the notes and they said Mr.. Stone ad
mitted to them that he signed them.
II - nsSiU Df h..
bank identified the deposit book in
which the entry was made.
A confession that Mr.. Stone made on
January 2S, when he was arrested and
taken before John Fitzsimmons, alder
man of the Eighth ward Of this city at
that time. was offered in evidence and
was read to the jury. In 1t Mr.. Stone
made clean breast Of the forged notes
and admitted his guilt. Attorney Fred
X. Stark was present at the hearing
when the confession was made. and he
the paper. SO did John
and County Detective
Thomas Levshon. Here the common
wealth rested
Wanted Case Taken from Jury.
At $50 Attorney Comegys stepped
before the bar and asked the court to
take the case from the jury OH more
the company did not warrant II in doing
a banking business, and II was as a
bank the entries were made upon which
the forged notes are based. Again. the
commonwealth had not shown that by
the notes or the entries made the bank
at any time gained or lost cent. The
notes We're to cover up some mast ac-
tion and no harm resulted from their
issuance. Judge Archibald decided
that the case should go to the jury and
Mr. Horn made the opening address for
the defense. The testimony offered
until adjournment was for the purpose
OF proving the good character of Mr..
stone previous to the failure of the
bank.
Those who testified to the defendants
uprightness Were: T.. j. Lynett, DR.. l..
NJ. Gates. George d. Brown. Luther
Keller. Frank Hallstead. Miss e.
John Lillibridge, Attorney
Thomas F. Wells. Hon. John p Kelley.
G. NJ. Hathaway. and Attorney Josenh
O'Brien. The case will be resumed a
3 o'clock this morning.
Tried In Court Room No. .
In court room No. before Judge
Gunster the Jury in the case of Fred
Stacked and August Yobs. tried Monday
for selling llGuor without a license.
Selllng on SUNDAY ana selling to minors.
brought in a verdict yesterday morning
finding the defendants guilty of the
first two charges, acquitting them of
the third and placing the costs in the
third case on the county. The Arbi-
ters' Verein. German organization.
rents Workingmen's hall on Prospect
avenue and Alder street, and conducts
a club for the mutual benefit of the
members.
The two defendants have some Of
fetal capacity in the organization and
they were brought before the court on
what .hey allege is spite action. be-
cause they furnished beer at balls con-
Quoted under the auspices Of the club.
No money was paid Der glass, but a
person would have to pay a certain
price for admission and drink was fur
nished at stated intervals as a part Of
the festivity. Attorney Scragg. who
defended the men, asked Judge Gum