West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1915-10-28
Col. MeGraw Exonerated BY Court

II bANAE lO.Ns W. va, OCl- -L.-Ine
indictment against Mr.. John T. Nc
Graw, a stockholder OF the Grafton
Bank. charging him with a felony,
argued this afternoon before Judge
Fortney. OF the Taylor county circuit
court. resulted in a complete exon
GRAFTON OF Mr.. McGraw
The indictment charged in a general
way that Mr.. McGraw had borrowed
more funds from the bank than IL
under the present law. was allowed To
make to a single customer. Counsel
for Mr.. McGraw demanded a bill of
particulars. showing specifically what
the charges upon which the state
would rely as basis OF their action
against Mr.. McGraw. Upon the intro
duction of the bill OF particulars which
was furnished in connection with the
indictment. IL was ascertained and de-
creed by the court that Mr.. McGraw
had not exceeded any such limits. and
that he had not violated any law or
statute. The bill OF particulars set
forth that MIR. McGraw had borrowed
$4,000 more from the bank than IL
should have loaned. The fact is that
Mr.. McGraw owed the bank personal
ly $4,000 at the time the grand Jury
found the Indictment. while the
amount II could have loaned him is
$4,000.
Mr.. McGraw. knowing that the case
had no footing, would not tolerate a
demurrer to quash the indictment
He personally appeared i'm court and
stated that he waived all technical OH
jections to the indictment and demand
ed an immediate trial. His counsel
were of the opinion that the indict-
ment was bad, and knew that the case
would have to be dismissed when the
courts attention was called to the hill
OF particulars showing the true situ-
alton with regard TO MIR. McGraw's
dealings with the bank.
Notwithstanding this fact, however
Mr. McGraw insisted upon the immedi-
ate nearing on its merits. When the
courts attention was called To the
charge as contained in the indictment
and the bill of particulars. the court
Immediately and without hesitation
dismissed the charge against Mr.. Nc
Graw on the grounds that il was quite
plain and evident that Mr.. McGraw
mad In nowise transgressed upon or
violated any part of the law govern
Ing such matters. and promptly dis
missed the charges made against him
Ihe Judge made the following peril
nent remark. This case is dismissed
becauce 1t shows that no offense has
been committed by the defendant"
The consensus of opinion here 20
that the indictments were found bv
the grand jury to force Mr.. McGraw tn
pay the debts of Charles A. Durham
former president OF the bank. II 10
also understood that the case ending
In the way it did makes II evident that
Mr. McGraw would not have been in
dlcted had all the facts been given IN
the grand jury for the reason that a
great many things were not taken into
consideration that should have been
they nowssee that the indictment was
insufficient on it's face.
A committee on reorganization Is AT
work making preparation to open the
bank in the near future undar ITO ola
charter, and IT will be operated I'M
DER the banking department at
charleston. The assets OF the bank
are about $4,000, and the liabilities,
due to depositors. are $326,OOO. Mr..
b. Il. Hiatt, formerly of Moundsville
is the receiver, and upon the reorgan-
ization of the bank it is the opinion
that he will be elected cashier of the
bank with other strong officers.