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IS CHARGED WITH FORGERY Treasurer M. J. Stone of Defunct Olyphant Trust Co., on Trial. TESTIFY BANK EXAMINERS Bank Failed Jan. 28, 1895, and the Treas. urer Is Accused of Forging Notes. Verdiots of Guilty Against Trus. tees of Workingmon's Hall. Treasurer M. J. Stone, of the defunct Olyphant Trust Co., which was closed on January 28. 1895, was put on trial yesterday morning on the charge of forgery. before Judge Archbald in the main court room. District Attorney John R. Jones represented the commonwealth and Attorneys George S. Horn and C. Comegys are for the defendant. Stone's mother. wife and little daughter were seated all day within the bar enclosure. directly behind him, and there was an air of anxiety and yearning about them that was touching. He is a young man of refined appearance and has a frank and honest countenance. The crime with which he is charged is very grave, but it is said that. though his management of the affairs of the bank appears to have been crooked. yet the defense hopes to be able to prove to the satisfaction of the jury that it was nothing worse than an error of judgment Attorneys Horn and Comegys are putting up a stiff legal battle to save their client. When the case was called at 9 o'clock they moved to quash the indictment for the reason that there were five counts in it. the first. third. fifth. seventh and ninth. which charge no substantive crime or offense. The motion was overruled. Plea of Abatement Entered. A plea in abatement was next entered by Mr. Horn as to the charges against the defendant. Then another motion to quash the Indictment was made on the ground that the defendant's name is not Myron J. Stone, but his name is Martyn J. Stone and as such he has been known since his nativity. Judge Archbald again overruled the motion to quash and allowed the motion of the district attorney for an amendment that wherever the name Myron J. Stone appears in the indictment. it shall be changed to read Martyn J. Stone. The attorneys for the defense then refused to enter any plea and stood mute. The court thereupon ordered and directed that a plea of not guilty be entered upon record. It was 10 o'clock when the case opened. The certificate of incorporation of the trust company was offered in evidence. The first witness called by the commonwealth was Ira Schaffer. of Lock Haven. assistant state bank examiner. He paid a visit to the Olyphant institution in the latter part of January a year ago and he found an entry of $23,000 on the individual deposit ledger, which was accounted for by notes discounted. Mr. Schaffer asked to have a look at the notes and when they were handed to him. he told Mr. Stone the signatures were all made by one person. Mr. Stone tried to tear up the notes but the witness succeeded in hindering him and the papers were afterwards patched up with mucilage Mr. Schaffer then charged Mr. Stone with forgery. Amounts of the Notes. The notes were as follows. One in the sum of $5,000. purporting to be signed by C. W. McHale: one for $5,000 with the signature "L. R. Bennett." one was alleged to be given by his mother. Mrs. Stone. in the sum of $5,000 and another in the name of his wife for $3,000. A note was also produced for $5,000 in the name of "G. A. Baker. E. N. Martin. of Brookville, Pa., another assistant state bank examiner. testified next. He swore that Mr. Stone admitted to him on January 26. two days before the bank's business was suspended. that he had signed the aforementioned notes. They were drawn on December 24. 1894. and he signed them on January 25. 1895. the day before the bank examiner came around. G. M. Hull. president of the bank. identified the notes and stated that a general banking business was done by the Olyphant Trust Co. C. M. Hathaway. James O'Brien and S. N. Callendar. directors of the bank. identified the notes and they said Mr. Stone admitted to them that he signed them. Hon. John P. Kelley, assignee of the bank. identified the deposit book in which the entry was made. A confession that Mr. Stone made on January 28. when he was arrested and taken before John Fitzsimmons, alderman of the Eighth ward of this city at that time. was offered in evidence and was read to the jury. In it Mr. Stone made a clean breast of the forged notes and admitted his guilt. Attorney Fred R. Stark was present at the hearing when the confession was made, and he corroborated the paper. So did John Fitzsimmons and County Detective Thomas Levshon. Here the commonwealth rested. Wanted Case Taken from Jury. At 3.30 Attorney Comegys stepped before the bar and asked the court to take the case from the jury on more than one ground. First the charter of the company did not warrant it in doing a banking business, and it was as a bank the entries were made upon which the forged notes are based. Again. the commonwealth had not shown that by the notes or the entries made the bank at any time gained or lost a cent. The notes were to cover un some past action and no harm resulted from their issuance. Judge Archbald decided that the case should go to the jury and Mr. Horn made the opening address for the defense. The testimony offered until adjournment was for the purpose of proving the good character of Mr. Stone previous to the failure of the bank. Those who testified to the defendant's uprightness were: E. J. Lynett, Dr. L. M. Gates. George D. Brown. Luther Keller. Frank Hallstead. Miss S. C. Krigbaum. John Lillibridge, Attorney Thomas F. Wells. Hon. John P. Kelley, C. M. Hathaway. and Attorney Joseph O'Brien. The case will be resumed at 9 o'clock this morning. Tried in Court Room No. 2. In court room No. 2 before Judge Gunster the jury in the case of Fred Stackel and August Yobs, tried Monday for selling liquor without a license, selling on Sunday and selling to minors, brought in a verdiet yesterday morning