The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27
INDICTMENTS IN
STATE BANK CASES
Continued from Page one.)


plea In question, by its terms, seek to
contradict the record, and IL SO, can
such a plea be maintained under the
law as established in this state2 a..
If ali the facts as set up in the plea
be conceded, are they of character
so prejudicial to the Defendant Mil
Ter as to entitle him to have his
plea in abatement sustained?
THE ALLEGATIONS.
"I will take up the second PROPOSE
ton first. The plea in question al
leges that the Prosecuting Attorney
submitted to the grand jury divers
bills of indictment, and that after
they were so submitted the said grand
jurors requested the Prosecuting At
torney to withdraw from the grand
jury room so as to allow the said
grand jury to freely discuss and con-
slider said bills in his absence, and
the Prosecuting Attorney complied,
and withdrew; and that thereupon
said grand jury entered upon the con-
sideration and discussion of said bills,
and then and there decided not to find
or present certain of said bills. and
were proceeding to consider other of
said bills when the Prosecuting At
torney entered said grand jury room,
| and thereupon for the purpose of
improperly and unlawfully influencing
said grand jurors in their delibera-
tions, to this defendants prejudice,
then and there with great heat and
emphasis charged that said grand
| jurors had been approached and tam
pered with and influenced by persons
outside of the jury room, and then
and in that connection, as such Pros
ecuting Attorney threatened said,
grand jurors with investigation and
prosecution upon his said charges,
and thereby coerced said grand jur-
ors in their further action upon said
indictments, and said Prosecuting At
torney then and there said and de-
clared to said grand jurors that this
| derendant, and others presented by
said bills were guilty that they should
| be indicted, that this defendant was
guilty and should be indicted, and if
they did not indict him, he, said Pros
ecuting Attorney, would not accept
any of said bills, but would have said
grand jury dismissed and have new
jury called, and If this defendant were
not presented by this new grand jury,
he. said Prosecuting Attorney, would
submit the charges against him, this
defendant, before every grand jury
sitting during his, said Prosecuting
Attorneys term of office as such Pros
ecuting Attorney, until he said Pros
ecuting Attorney, had him, this de-
| fendant, indicted; and said Prosecut-
ing Attorney urged and demanded of
said grand jurors that all said bills
| be presented to the court against all
the parties charged in said bills
MADE OTHER STATEMENTS.
"And this defendant says that said
Prosecuting Attorney then and there
at the time of his making the fore
| going statements, and in connection
| Herewith, also made other statements,
| the exact tenor of which this defend
ant cannot state for want of exact in
| formation, but they were to the effect
| that said Prosecuting Attorney strong
| ly desired that all said indictments
be presented against all the persons
| charged therein; that as to the de-
| PENDANTS, G. G. Lawrence and w. H.
Walter, he did not intend to prosecute
them and did not want indictments
against them for that purpose, but
that he wanted indictments against
said Lawrence and Weiter to use as a
| club and to be in position to secure
their testimony against other defend
ants; and that in making said state
ments, threats and demands, and 9TH
ers of like character to salu grand
| jurors, said Prosecuting Attorney
manifested great interest and feeling,
and made them with great force, and
in the most urgent and insistent man
ner and then, there and thereby
greatly Influenced, constrained and CO.
creed said grand jurors in their fur
ther action upon said bills, and be-
cause and on account of said influence,
constraint and coercion, said grand
| jurors no further discussed or consid-
cred said bills, or any Of them, as
they were doing when said Prosecuting
Attorney re-entered the jury room,
and began said statements as afore-
said, and as they would have done
had it not been for said improper
and unlawful conduct on the part OF
said Prosecuting Attorney; and said
grand jurors influenced and constrain-
ed and coereed as aforesaid, and act
Ing under and controlled thereby, then
and there presented said bills of in
dictment to the court, and this liz,
the said Harvey H. Miller is ready
to verify.