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The court decision points out that regardless of the circumstances in the case the law allows the exemption of the residence used as the home of the bankrupt and the personal property used by him. The decision expresses sympathy for the depositors but Mr. Bierce states that they must conform to the law and the deficiencies of the law must be taken care of by the legislature. Sylvester and Kennedy to Appear at Court Next Week as Witnesses Retrial of Bank Suit Against H. G. Austin in Civil Case Stoltz to Be Tried Again – Judge C. E. Callaghan to Preside Disposal of the remaining indictments against E. L. Sylvester and A. S. Kennedy will be left to the grand jury at the district court session at Wabasha next week, according to County attorney John R. Foley. There are three indictments against the former and two against the later which will be prosecuted or dismissed at the instruction of the jury unless a plea of guilty is entered before that time. Both officers of the closed Plainview State Bank will appear at this court as witnesses for the state in other cases, one civil and one criminal. The civil case is the retrial of the suit of the bank against H. G. Austin for the payment of $5,700 in notes, in which the defendant was awarded the verdict at the fall term of the court. The criminal case is that of G. A. Stoltz, assistant cashier of the bank who is charged with receiving deposits when he knew the bank to be insolvent. At the fall term the jury could not reach a decision in the case, which occupied the court for nine days. This term of court will be presided over by Judge C. E. Callaghan. The court calendar contains twenty-two civil cases. May 14, 1926– Clipping Former Plainview Bank Head Pleads Guilty to Charge Weeps as Judge Relates History One Time "Moneyed" Man of Plainview Must Serve 15 Years Wabasha, May 14 – A broken down man, Edwin L. Sylvester, once the "moneyed" man of Plainview, the trusted banker, who made and "broke" friends, stood before Judge Charles E. Callaghan here late yesterday afternoon and heard him pronounce a sentence of five years at Stillwater, five years being the maximum which is to be served at the expiration of his present sentence, which he is now in the process of serving, the limit of which term is ten years. Prosecution of the case moved rapidly following the return of five new counts against the ex-banker, now a prisoner at Stillwater. Sylvester made no effort to fight the case but pleaded guilty to one of the counts returned, that which charged him with making a false statement to the state banking department and from withholding information. The man who had made a "mess of things" in Plainview and who had fled the county, only to be arrested down in a little Mississippi village, took things stoically until Judge Callaghan pronounced sentence. As he received the sentence the former official stood with lips tightly closed never faltering until he was rebuked from the bench by the court. It was this rebuke that broke Sylvester and he bowed his head and shed tears. And it was a sorry and repentant man that left in the driving rain to go back with
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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."
Howder; © 1995-2011 All Rights Reserved. Last Updated February 14, 2011.