The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1912-12-17
INDICTMENT
NOLLED.
In Case Of Hills, Lybarger
And wyant
For Procuring The Signature
To PrOmissOry Note
For $4,000 By George ".
POrterfieId And wife
Prosecutor CfOmIey Makes
Statement To The Court
Shown. .|Why A Conviction
Gould Not Be Obtained

Monday afternoon in common pleas
court the indictment against Harry N.
Hills, U. s. Lybarger and c. N. Wyant,
In which they were jointly charged
with procuring the signatures Of
George w. Porterfield and wife to a
promissory note for $4,000 in con.
nection with the affairs of the Gam.
bier bank, was nolled by Judge Sew.
ard at the request of Prosecuting At
torney Cromley. In making the re.
quest of the court to take such action,
Prosecutor Cromley made the follow.
ing statement:
In the year 1898, H. N. Hills and U.
s. Lybarger started the Gambler Saw
ings Bank at Gambler, Knox County,
Ohio. Almost at the very threshold
Of its career, through mismanagement,
Ito use a charitable expression), the
bank became hopelessly insolvent.
About the year 1902 or 1908, George
w. Porterfeld, prosperous farmer
of Knox county, became partner
In the bank through the solicitation
and efforts of H. N. Hills. Mr.. Porter.
field, a thoroughly honest and reliable
farmer, could have known nothing OF
the banks condition when he entered
It, With implicit confidence he en-.
trusted the management to Hills and
Lybarger, the latter an inexperienced
and inefficient fellow acting as cashier
and Hills as president. Lybarger,
from the very beginning was a mere
puppet, with Hills furnishing the
brains and debating the policy of the
i bank.
Affairs in the bank gradually but
consistently went from bad to worse,
until In February. 1905, threatened
run on the bank brought about a re.
organization under the name Of The
Gambler Banking Company, with a
new directorate, the corporation ab>
sorbing and taking over the partner
ship bank.
In order to eliminate Hills infiu.
ence and connection with the old insti.
tuition, he was requested and urged
to retire. and reliable resident Of
Of good standing and conservative
tendencies, was substituted in his
place, one c, N. Wyant assuming the
holdings of Hills, although no consid-
Grafton passed between them. C. N.
Wyant was staged as dummy part
ner in order to allay and quiet the
fears of anxious and restless deposit.
ors. and the community was taken
In by the ruse.
Before the Gambler Savings Bank
was taken over by The Gambler Bank
Ing Company, 1t was discovered that
some of the assets Of the old bank
were worthless, and as matter of
fact that the liabilities considerably
exceeded the resources. Now, the
Gambler Savings Bank, which Hills,
Lybarger and Porterfield had been
conducting, was partnership bank,
and therefore each was individually
liable for all the debts Of the bank.
It SO happened. that Porterfield was
the only one Of the three worth any.
thing, he possessing around $4,000
90 or $5O,0O0.00. In order to avoid a
possible loss of his entire property
by reason of his liability as a partner
Porterfield was advised by able coun
sci to give note for $20.000.00, Sc
cured by mortgage on some Of his
land, the arrangement being satisfac
tory and agreed to by The Gambler
Banking Company, the new concern
Consequently, the note and mortgage
were duly executed and delivered
Porterfleld's wife signing the note and
releasing her dover In the above real
estate. This note was supposed tc
put the assets above the liabilities.
The indictment In this case charges
that on February 21st, 1905, Harry
N. Hills, Ulysses s. Lybarger .ant
Claude N. Wyant did unlawfully by
Ease pretenses and with intent to de
fraud, procure the signatures O.
George w. Porterfield and Priscilla
Porterfield as makers of a certain