Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-04-02
THE REYNOLDS Trial
Commenced in the Criminal Court,
Yesterday.

The Morning Consumed in Obtain
ing a Jury and Stating the Case.
Dr. D. II. Taylor on the Stand All
OF Yesterday Afternoon and Part
or Last Evening-H. G. Ogden the
Next Witness - Court to Meet
Again To-Day
The case of the state of West Vir-
ginia vs.. T. w. Reynolds, indicted for
embezzlement from the Guarantee
Loan and Trust Company, was put on
trial in the Criminal Court, Judge HUI
gus, yesterday morning. The jury Sc
cured consisted of Louis Whit, III.
Bronstrop, Andrew White. William
Nlchoi, William Beck, A. C. Mortified,
Harry Schmidt, Vincent Griffin, Fred
Meyer, Fred Williams, A. w. Campbell
and b. Gundling. The defense was rep
resented by Howard & Handlan, While
Mr.. Coniff assisted the State. The
morning session was consumed in the
prellminaries and in the opening state
ments of the case.
At the opening Of the afternoon ses-
sion the witness for the State, eighteen
in number, were called and sworn.
DR.. d. II. Taylor was the first wit
ness called for the State, and was ex-
amined by Mr.. Coniif. Witness said
that he was an original stockholder of
the Guarantee Company, which was in
corporated in May, 1896, the principal
Office being in Wheeling. Mr.. Rey-
noids claimed the honor of getting up
the company, and at his repeated soil
citations witness took 500 of stock.
AT the first meeting for organization
witness was Unexpectedly made presi-
dent. Mr.. Reynolds, defendant was
made secretary, and so continued until
last January. A man named Fellon
was general manager at first, and when
he was dismissed the two offices were
merged in Reynolds. This happened
four or five months after the organiza-
ton. The witness described the duties
OF the general manager and secretary
IN detail, referring to a copy of the by
laws OF the company in doing So A
copy of the bylaws was offered in evil
dehce. The minute book of the Board
OF Directors, with an amendment to the
printed bylaws, was also offered in
evidence as TO pages "a and 55, to
which defense objected that the
tender was violation of the constitu-
tional rights of the defendant because
the book was one of those taken forci-
bly, by Mr.. Fl. G. Ogden from Washing
ton The objection was overruled
In response to questions witness
outlined the general duties of the
General Manager and Secretary, and
said in March, 1897, things were in
pretty good shape" Up to that time,
or little later, the funds We're depos-
tied in the name of the corporation,
but afterwards were deposited in the
name of F. w. Reynolds. He said
the bylaws required the funds should
be deposited in the name of the Com
pany in bank to be designated by
the Board of Directors. Mr.. Reynolds
deposited the money in his name I'M
til sometime in December 1897, when
the Board thought it strange it could
not get an audit, and asked the clerk
to allow no money to go out of the
office unless paid to the treasurer, and
in the next three or four weeks the
Company only raised about SCI, in the
form of checks and postoffice orders.
Shortly after he was discharged, and
then money began to flow in again to
the treasurer, Mr.. w. R. Taylor. Mr..
Ogden was the first treasurer, but
money did not come to him properly,
and he made fuss and resigned, and
then Mr.. Taylor was chosen. The
Board met once or twice month to
hear reports, ETC.. and defendant
would show the books, with an audit
signed by Mr. Faulkner. The last
such exhibit was in September or Oc-
tober, 1897. Witness looked over the
books and pointed out such an audit in
the statement books of the Company
kept by defendant. Witness detailed
the removal of the books by defend
ant, saying in June, 1897, the Board
asked for an audit, but were put off.
I'VE tried hard and long but did not
get it, and in December witness went
to the Office to look at some minutes
he thought were not right, and found
the minute book was gone. He asked
the clerk where the book was, and she
said in Washington City. There was
nothing in the safe where the books,
papers. notes, ETC., of the Company
were kept. Witness looked at sched-
uIe "a" in the Indictment, it being a
list of property. and said the property
was in the custody of defendant. MT.
REYNOLDS had no authority to remove
the property, and it was no part or
his DUTY to do so. Witness detailed
the successful efforts of the Board to
recover the property and return 1t to
this city. efforts prefaced by promise
bv defendant December 18th last, to
bring the books back and have an
audit by January LIST. Reynolds came
TO witness and had long talk, during
which defendant said he had made
arrangements cas- 20 obtain all the
money the Company would wish to
loan. Witness told him no matter
what arrangements he made the
Board wanted things here under their
immediate supervision. Reynolds was
under a salary of $50 per month, but
he claimed to know people with mon
ey in the Feast, and said he thought
he could get as much as 100000, if
his salary was increased, and drew up
an agreement between himself and
the Company. upon that basis, and it
was duly entered into signed and seal
ed. the agreement to have a time limit
of five years. Under this Reynolds
was to get SIS per month, and when
the sum loaned by the Company ex-
ceeded SIS 900 Reynolds was to re-
cejve an additional salary of l per
cent. upon such excess. Reynolds al
ways wanted to open an office in
Washington because he said he could
L. Tho