The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1907-03-22
HE MADE GOOD
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and Bachtel testified that they had
been so entered and that the hand
writing was his.
BACHTELS REPORT.
The making up of the report of Oc-
tober 12, 1904, to State Auditor Gull
bert was next gone over. Bachtel
stated that the blanks for the report
to the state auditor do not contain
subdivisions of Individual deposits.
He swore that the only possible way
to enter the $4,000 certificates of de-
posits was by putting it under the
general item of individual deposits.
A lengthy reproduction of the report
to the state auditor was placed on an
easel directly in front of the jury.
Attorney Welty pointed out plainly
each amount in question. H. H. Mil
Ter was the originator of the idea.
MORNING SESSION.
At 9:15 Prosecuting Upham inform
ed the court that the state had finish
ed. Attorney Welty addressed the
court staIIng that he wished to fur
ther cross examine several of the
states witnesses. Receiver James E
Barbour was called and asked if he
had received several large pocket
books among the effects of the bank
at the time he took charge as receiver.
He answered in the affirmative.
Leroy Coyle on cross examination
was asked where the certificates Of
deposit were kept. The counsel for
state and defense argued for some
lime as to permissatflity of such
cross examination. The court stated
that the question was no doubt COM
petent but that he was doubtful Of
the advisability of allowing the de-
tense to go into such cross eXamina-
tion since the state had closed their
pase. Judge Hole ruled that the de-
tense had opened their case and that
The form of examination was not in
Drder although the particular question
was competent. Attorney Welty for
lhe defense filed a lengthy exception
and Coyle was excused.
ASKED FOR ACQUITTkL.
The defense then interposed a mo-
tion to have the court direct the jury
to bring in verdict of not guilty.
The defense's contention on this score
was that the state had not introduced
sufficient evidence to substantiate the
Indictment Bachtel, they said, had
been charged with having made false
report in the sum of S179,9S2, while
lhe state had only accounted for $19,-
boo.
OVERRULBD
The court overruled the notion and
Instructed the defense to proc, d with
their case.
Upon the call of Upham for a separ-
Btion of witnesses, the defense in
structed W. L. Davis and Expert Ac-
countant Blythe to leave. Blythe is
in the employ of the defense. The
sbove two and Coyle and Bacntel will
testify for the defense.
Coyle was questioned closely on his
knowledge of the certificates of de-
posit in question. Welty did his best
to have Coyle testify that he knew to
whom the certificates of deposit be-
fonged.
Each query to Coyle was objected to
by the state and he left the stand
without having answered the desired
question.
w. L. Davis, director and the first
vice president of the Canton State
bank, was called next His examin-
alton was conducted by Turner.
DAVIS TESTIMONY.
Davis testified that the board of d.
Yectors took action at their meeting
of June A, 1904, to have Bachtel con-
discounts as individual deposits. He
said that Bachtel had suggested at
this meeting that the Schucker re-
discounts which had been carried for
seme time as individual deposits
should be shifted to their proper place
under re-discounts. The board, how
ever, Davis testified, instructed Bachtel
TO continue carrying them as individ-
ual deposits and that he should re-
duce them as rapidly as possible.
In the cross examination Attorney
Craine went directly into the ques-
tion of the impending indictments
against Davis. This was done to ques-
tion his credibility. The defense OBJ
jected and a recess of ten minutes was
allowed to argue the question.
OVERRULED AGAIN.
After a recess of ten minutes and
the study of authorities the court
oyerruled the defense's objections.
Davis said there were number of
indictments against him but did not
know how many. He added that he
thought he could meet them. Craine
retaliated and said: You will not
have any choice but will have to meet
them"
''You are indebted TO the bank In
the sum of $415,OO0, are yod not?"
Defense's objection sustained.
"You are quite warm friend of
BachtePs?"
"Yss."
"You were IN conference with Bach
tsps attorneys last night were you
not?"
"Yes, ! was"
"You talked over testimony. did