The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-23

/ of the indicted bankers guilty and
would bring them to speedy trial If
possible. Much stress was laid on this
interview by Mr.. Welty.
MIR. UPHAM'S REPLY.
Replying Prosecutor Upham declared
that the state did not place as much
| importance on the trial of the indicted
| officials as did the defense. He said
| the cases were no more startling than
any other criminal cases and probably
| would not attract much more atten-
! ton. He could not remember the in
terview, but did not deny he gave it.
Whatever the newspaper printed was
what it would have printed about any
| big story. He saw nothing in the ac-
counts that might arouse any prejudice
against the indicted bankers.
He declared that people throughout
the county were not informed as to
the nature of the offense for which
and could not, therefore, express
any opinion that would be prejudicial.
II in the cases at bar change of
venue was granted, Mr.. Upham con-
tended, that change could be secur-
ed by any accused man on the ground
that the story of his crime had been
published in the newspapers and had
been brought to the attention of the
public.
THE actions of the defense in this
case are peculiar" declared Mr.. Up
ham. mo notice of an intention to
move for change of venue was given
me until Saturday morning. l have
not had more than two hours or SO to
get 26 affidavits and about so sigma
lures TO another unsworn affidavit.
The defense has sought out business
men. / do not wish to say anything
against them. They are good men.
But / do not believe they have the
chances that others have to learn OF
the condition. of public sentiment on
this proposition. There are 100000 res
idents of Stark county, and l see no
reason why it is not possible to Sc
cure at least twelve disinterested men
from this large number to sit on the
jury in these cases.
ATTEMPTS AT DELAY.
to keep these cases together at all
times. And therefore the public
knows little about the merits
or demerits of the particular
cases against Bachtel and Van
Horn. 1t is true they knew
something about the bank fsilure,
just as they do about anything Of
more than unusual Importance. 1t is
my contention that the defense must
show by their affidavits that they can
not secure dozen unprejudiced men
TO serve on this jury. The whole
story of the failure of the bank will
not be told in these cases at bar"
Mr.. Upham declared that depositors
would realize at least so per cent.
Attorney William A. Lynch took ex-
ception to this and began TO talk
This angered Mr.. Upham, who order
ed him to resist.
Mr.. Upham declared there was no
sentiment against the bankers, ex-
cept that manufactured by the de-
I1C lOlu VI bllS NcSdtiOho III
which many of the men who signed
his affidavits were engaged. He
could have secured several hundred
if he had been given more time, he
added In conclusion he declared the
defendants had utterly failed to show
any prejudice against the accused
men.
Attorney Craine continued the argu'
ment. In opening he declared it was
a great discredit to the county ii
twelve disinterested and unbiased
men could not be found among a
population of about 100000 to sit on
jury to try the bank cases. He re-
ferred to the interview given tho
News by Upham in January and said
he saw nothing wrong in it. Upham
was to be commended, he said, for
displaying a desire to prosecute the
men, after they had been indicted.
LYNCH'S SARCASM.
Attorney William A. Lynch began
his scathing arraignment as soon as
Mr.. Craine had finished speaking. He
said it was not merely the selection
of twelve disinterested men. The
danger came in the possibility of a
biased and prejudiced man being seat
ed on the jury, and this might hap
pen, he argued. where there was so
much sentiment against the bankers.
He had taken up the present panels
and found the men had served al
most the obligatory period. Mr..
Lynch later declared that counsel for
the defendants did not know until
Friday night they would ask for a
change of venue and notified Mr. Up
ham early the next day, Saturday.
He would, he said most certainly OBJ
ject TO the admission Of Mr.. Up