The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-30

SUM Or $4,o4V.of, WTEHEAo tHG
BANK SHOULD ONLY HAVE BEEN
CHARGED WITH OWING $1,o4o.67.
Lisbon, o., March 27.--A big sur
prise was sprung today in the case
Of c. H. Van Horn, the Canton State
F, bank bookkeeper when the. defense
made an attempt to knock out the in
dictment which jointly charges Van
Horn and Corwin D. Bachtel, the
cashier with their making of false en-.
tries whereby the First National bank
Of Cleveland was made to appear as
owing the Canton State bank $2s57.15.
The surprise was sprung about two
O'clock when the question of variance
and prejudice was raised by the de-
fense during the examination of Re-
ceiver Barbour of the Canton State
bank.
MAY KNOCK OUT TWO.
II the contention of the defense is
sustained by the court, which seems
likely, owing to the nature of Judge
Holes Interrogation of both sides, not
only the indictment at issue, but an
other which also jointly charges Bach.
tel will be knocked out as the same
error appears in both.
When Judge Hole adjourned court
at about five o'clock this afternoon he
announced that he would hand down
his decision Wednesday morning aft
er court reconvened at~nine o'clock.
Barbour was called early in the aft;
ernoon as an expert to show the en-
tries on the various books particularly
on the "daiIy ledger" which was the
only book named in this particular in.
dictment.
THE STATES SIDE.
To prove the entry the prosecution,
through Attorney Craine sought to in
troduce in evidence the "daiIy jour.
naP which contained the original
false entry. This was strenuousIy
objected to by the defense as having
no bearing, on any, entry in the daily
ledger. "a
Finally the court agreed to permit
of cross examination of Receiver
Barbour before the prosecution had
finished the direct examination.
LYNcH'S ARGUMENT.
This examination was asked for to
show that the book on which the false
entry appeared was the "daiIy jour.
nal" and not the "daiIy ledger" which
by mistake had been mentioned in
the indictment for the Journal.
For the defense William A. Lynch
made long and forcefuI argument
which was the real feature of the day.
He contended among other things
that the journal could not be used
against the defendant which indict-
ment charged was committed in the
"dai'y Iedger',9 which merely showed
totals and was in no way explanatory.
II the evidence in the journal was
allowed to be used in the case on
trial, Mr.. Lynch held that Van Horn
might at any time be brought up on
Indictment providing a false entry
was shown on this examination and
made to stand trial for an offense for
which he was not now indicted.
It would render him liable. Mr..
Lynch held, to indictment even after
years had elapsed and after 1t would
be almost impossible to secure evi.
dence to refute the charges.
WITNESSES SWORN.
After the witnesses for the state
had been sworn, Attorney ]. w. Craine
offered the corporation papers of the
Canton State bank, which were OBJ
jected to by counsel for the defense.
Evidence was admitted over the ex-
ceptions of the defense, the court de-
claring the question involved had al
ready been passed on in the pleas in
abatement and on the motions to
.Quash.
..r.t. WAGNER A WITNESS.
William Wagner, one of the direc-
tors. was first called as a witness, af-
ter an order of separation was made
on motion of the defense. He iden-
tilted the records of the board of di-
rectors and an entry which was made
May 19, 1900 by Corwin D. Baehtel,
and said he knew G. H. Van Horn,
the defendant. Van Horn, he said,
kept some books and took in and paid
out money during the entire life of
the. bank
MUCH QUIBBLING
There was much Quibbling among
the attorneys over the question as to
Just what position Van Horn really
occupied. Several questions were ask
ed and withdrawn. Finally the min
utes of the board of directors, author
izing the employment of cashier,
teller and. bookkeeper were offered in
evidence by the state, This was OBJ
jected to by the state on the ground
that 1t did not create an office and
both Attorneys Lynch and Siddall OBJ
jeeted to anything relating to the fix