The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-06-11
In Court Of CemmOa Pleas
Saturday Morning
The Jury Was 0ut A Period
Of Three Hours
Defendant Present When
Verdict Wjs Announced

The second day of the trial of Ulys.
ses 8. Lybarger, charged with receiv.
ing deposits in the Gambler Banking
Company, knowing that the bank was
insolvent, saw large number Of
spectators in the common pleas court
room. In fact most of the chairs in
the court room were occupied. A
large number of Gambler residents
were present at the trial, including
professors Of Kenyon college and
students of the college.
Seven or eight witnesses were ex.
amined by the state on Thursday, in.
cluding directors in the defunct bank
as well as depositors in the Gambler
Banking Company.
The last witness on the stand at the
afternoon session was George Wal.
ters of Columbus. a bank examiner
who made an examination of the
condition of affairs of the Gambler
bank prior to the failure and after
wards. On cross-examination consid.
cradle information was brought out
from the witnesses which was of val.
ue to the state--that of the insolvency
of the bank on the date which Lybar-
ger Is alleged to have received de.
posits knowing the bank to be insolv.
ent. II was also shown by the wit.
ness on cross.examination that Harry
N. Hills overdraft in the bank
amounted to something over al, 900
when the examination of the condi-
tion OF affairs of the bank was made
by the examiner. The witness was
cross.examined by Attorney Hutchin.
son of Mansfield
The testimony Of the state in chief
was concluded at 4:30 o'clock Thurs
day afternoon and the witnesses for
the defense were then called and
sworn. The FIRST witness for the de.
tense was Judge J. b. Waight whose
testimony recited the several confer
ences held in this city by members
of the old bank and the bad condition
of its affairs discussed and the agree.
ment reached whereby a new organi-
zation was to be effected. taking over
the assets and assuming the liabilities
of the old partnership. The hour Of
adjournment arrived before Judge
Waigat had concluded his evidence
and on Friday morning he resumed
the stand and finished what he had to
testify to on the subject.
The next witness for the defense
was George Bennett one of the direc-
tors Of the defunct bank. Mr.. Ben
nett was on the stand for sometime
and was given rigid crOss-examina.
tion by the State.
Several other witnesses followed
for the defense In their efforts to
show that the bank was In a solvent
condition when 1t received the de.
posits mentioned in the indictment
against Lybarger.
U. 8. Lybarger. the defendant in the
case, took the stand in his own behalf
on Friday afternoon and testified that
he did not know the bank was insolv-
ent when he received the deposit as
set forth in the indictment returned
against him by the grand jury
Ulysses Q. Lybaresr, late cashier Of
the defunet Gambler Banking Com.
pany, was found guilty Of receiving
deposits knowing the bank to be In.
solvent, by the Jury In the court Of
common pleas Of Knox county at
12:to Saturday morning. The jury
was out three hours.
Much interest in the case was
clearly shown as the court room was
about half filled with spectators when
the jury, reported at the early hour
Saturday morning. About fifty WON.
en- were present when the verdict
was announced. Many remained In
the court room from the time the Jury
retired until the verdict of guilty was
announced. Others came In when the
= fact was made known that the jury
was about to make a report.
Out of all the attorneys Interested
in the case, Prosecuting Attorney
Cromley was the only attorney pres
ent whcnNt jury came in. The de-
fendant, Mr.. Lybarger, was present
in the court room, but none of his at
torneys were In the room.
As the clerk of courts read the YER.