The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-23
)ne of Attorneys For Defendants Scores
Ex-Sheriff Mckinney, Denounces
Prosecutor Upham and Condemns
Farmers Who Signed Affidavits Up
ham Denounces Practices of Attor-
neys For the Accused Bankers.

Judge W. w Hole, sitting in COM
mon pleas court Monday sustained the
motion for a change of venue in the
Canton State bank cases from Stark
to Columbiana county, and the indict-
ed officials of the defunct institution
will be placed on trial at Lisbon, be-
ginning next Monday 1t is expected
that the trials will last at least three
weeks.
The hearing was not without sensa-
tionai features, as Attorney William
A. Lynch, one of the counsel for the
indicted bankers, made an attack upon
Prosecutor Upham, eX-Sheriff McKin-
ney and 26 rural residents who signed
affldavits expressing the opinion that
the indicted bankers could be given a
fair trial in Stark county. Attorney
Lynch was particularly bitter in his
denunciations, and his argument on
the motion for a change of venue
was the feature of the day.
WBLTY OPENS ARGUMENT.
The indicted bankers were we'll rep
resented by legal talent. There were
present in their behalf Attorneys
Lynch, J. p. Dawley and Attorneys
Blake and Turner. Prosecutor Up
ham and Attorney Craine of the law
firm of Craine & Snyder, appeared on
behalf of the state. Argument was
begun about 9 o'clock, and the change
was not granted until nearly noon.
John c. Welty opened the argument
in behalf of the bankers. He read an
affidavit sworn to by Cashier Bachtel
in which he declared he felt he could
not get a fair trial in this county.
He, therefore asked for a change OF
venue to some other county. In this
affidavit it was stated that the bank
had about 175 stockholders, mostly
residents of this city, and about 1920
depositCrs, most of whom live in
Stark county. These figures were pre-
sented to show the interest that would
be taken in the trial of the indicted
officials.
Mr.. Welty read the law governing
the granting of change of venue and
declared that in certain cases, not OF
a criminal nature, the affidavits of five
prominent and disinterested residents
OF a county was sufficient to secure
a change of venue. He said the de-
fense had obtained from 300 to 400
affidayits from men prominent in the
business world showing that it was
impossible to secure a fair trial for
the bankers in this county, owing
to the feeling existing against them.
1t was his opinion that a depositor
was as much interested in the cases
at bar as any of the stockholders might
be.
LIST A BIG ONE
The court inquired if it was the
opinion of the counsel that these
stockholders and depositors held opin-
ions that were adverse to the best in
terests of the accused men, so far as
the securing of fair and impartial
trial was concerned. Mr.. Welty believ-
ed this to be the case, and the court
asked If the failure of the bank would
necessarily mean very great loss to
the depositors Mr Welty said that
was the impression, although it, was not
entirely correct. Then he read the af-
fdavits favOring a change of venue.
many VI llS UuSinSo5 ihSu
Of Canton signed the affidafits.
More than 100 affidavits we're fur
nished from MassilAOn and some from
Alliance. Judge Hole inquired If any
OF those who signed the afiidavits were
interested in the bank as stockholders
or depositOrs. Mr.. Welty said they
we're not to his knowledge. Where
upon Judge Hole remarked that it
might be a good list from which to
select a jury TO try the bankers.
Newspaper accounts OF the failure OF
the bank and of subsequent develop
ments figured conspicuously in the ar
gument on the motion for change of
venue. An article containing a state
ment of The directors the day following
the failure was read by Attorney We'll
ty, and still later an interview had
by a News reporter with Prosecutor
Upbam last January. This contained
a statement by Proecutor Upham to
the effect that he believed all four
elEVFF VnTT Tn1Fn