The Sylvester Family of Plainview, Minnesota*

Kennedy derided; Stoltz case delayed due to change in attorneys

November 26, 1925 - December 4, 1925

PAGE 167

pointedly the facts that proved Kennedy guilty. He stated that the defendant had always been a warm personal friend of his and recalled the pleasant instances of the acquaintance, "it requires an immense amount of courage," he said, "to come out and prosecute a friend and before this came up I would have testified to the excelllency of his character. It is one thing to think of a friend as a friend and another to think of him as a law violator. A banker is a man outstanding in his community, a leader, a man in which you can place unlimited trust."
Foley then told of the shock to Plainview at the bank’s failure and of the effect on the community following the closing of the institution.
"They have been stealing from widows, orphans and gray men, people who sacrificed their whole life savings when the bank went down, stealing from their very own friends.
This has been going on over a long period of time and was made possible by the falsifying of the records. Bank laws had been made for the protection of depositors so that the community might with safety take confidence in the bank and the people who represent it."
He then referred to the particular charge against Kennedy and rehearsed the records in the case. He told how Appel, had he not been paid by check, would have been out the $280. Branding Kennedy as a Judas, betrayer of God, and Benedict Arnold traitor to his country, Foley made a fiery appeal in presenting the state’s arguments. That he won his case in his plea is the opinion of many who followed the trial. The plea was far stronger than that of the defense attorney.
The plea of McMeekin was based on the testimony that there was no money loss sustained by the transaction. "Can you find a man in Wabasha county," he said, "who will come into court and say that there was a loss in this transaction? Kennedy worked hard, day after day, helping to straighten up the affairs of the bank. He did this voluntarily, he did not run away, he stayed on the job. Men from all over the county came today and testified that Kennedy’s reputation is as good today as it was when the bank closed.
"We did not put Kennedy on the…" (NOTE: End of Clipping.)
December 4, 1925-

Indeterminate sentence to Bank Cashier – A. S. Kennedy gets
from 1-10 years at Stillwater
Trial of G. A. Stoltz Opens At Court House in Wabasha Thursday
Bank’s Method of Doing Business To Be Aired in Court
An indeterminate sentence of from one to ten years was given to Arthur S. Kennedy by Judge Carl Finkelnburg in district court at Wabasha last Wednesday afternoon when the jury found him guilty of falsifying the records of the Plainview State Bank. He was given a stay of sentence until Monday noon and placed under $10,000 bond.
G. A. Stoltz, whose case was to be tried on Monday appeared in court represented by Murdoch & Lothrop. On Stoltz’s plea of lack of money the court had appointed Phillips & Lindemier of Lake City to defend him but friends had secured the Wabasha firm. The attorneys were granted time to prepare their case and trial was set for Thursday morning. The charge on which Stoltz is being tried is receiving money on deposit when he knew or believed the bank to be insolvent. The particular case in the indictment is receiving money from John Boehlke the day before the bank closed. The case is expected to bring out more completely the bank’s method of doing business than in the previous Kennedy case. Thirty more jury men were subpoenaed for service as the original panel was not sufficient for a selection.
December 4, 1925- clipping
New Evidence in Plainview Bank Case Introduced
Attempt to Prove Shortage Occurred Due to Bank Officials

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* SOURCE: Manzow, Ron (compiler), "The Sylvester Family of Plainview, Minnesota - a collection of information taken from the Plainview News, other newspapers, letters, and diaries beginning in 1884": Plainview Area History Center, 40 4th St. S.W., Plainview, MN 55964. Compiled in 2001.

NOTE: from Ron Manzow, December 2001: "Feel free to reproduce the pages for anyone who wants a copy. It was compiled to be shared... All I ask is that they consider sending a check to the [Plainview Area] History Center to help us out. That should be enough."