The Sylvester Family of Plainview, Minnesota*

New hearing in Austin case requested; Edwin Sylvester files for bankruptcy

February 19, 1926 - March 5, 1926

PAGE 213

front. A statement by County Attorney Foley that because of the action of Sylvester’s attorney nothing more could be done at this hearing, and that he would press the other charges in May, quieted the criticism of him and doubt had grown from the misunderstanding of the proceedings. Judge Callaghan has, however, incurred the ill feelings of a great many Plainview people with his address on the Pardon and parole Boards and by stating that he would not interfere with parole proceedings for Sylvester. Plainview people feel that the laws of the state are inadequate to deal with bank robberies such as the one here and that the officers of the law should make every effort to make up for the deficiency. A man who is responsible for the embezzlement of more than $200,000 who has lived in extravagance for 25 years by stealing from friends, widows and orphans should suffer in proportion to the suffering he has caused. In this case such is impossible and the suffering should be continued to the end of the culprit’s days.
February 26, 1926-

Ask New Trial in Austin Suit in this County
Motions for New Trial Will be Heard by Judge Finkelnburg at Winona
Arguments on a motion for a new trial in the case of the Plainview State Bank against Harry Austin, in which the latter was victorious when the suits for collection of a note was tried at Wabasha last November, will be heard by Judge Karl Finkelnburg in district court at Winona Saturday. James A. Carley, attorney for the State Banking department, has asked for a new trial on the ground of newly discovered evidence since the capture of E. L. Sylvester and of an alleged prejudice on the part of the jury. The motion was to have been heard last Saturday, but was later set for February 27th.
The closed bank lost its suit to collect $5,700 in notes from Austin, at the fall term of the district court. Austin was sustained in his contention that he had made settlement for the notes. It is understood that E. L. Sylvester, now serving an indeterminate sentence in Stillwater penitentiary, stated that he never received payment on the note in question. Somewhat sensational disclosures are forecast during the hearing in allegation of prejudice on the part of some of the jurors when they entered the jury box.
E. L. Sylvester Files Petition in Bankruptcy
E. L. Sylvester, former president of the Plainview State Bank, recently sentenced to the penitentiary at Stillwater on a charge in connection with the failing of that institution, has filed a petition in bankruptcy, according to H. M. Bierce, referee in bankruptcy. Hearing on the petition has been set for March 6th.
Hearing on a petition of Mrs. Sylvester, seeking exemption of the homestead and personal property was recently postponed when the husband who had been missing for nearly a year, was found in Gulfport, Miss. According to Mr. Bierce there will be no further appearances in connection with this petition.
March 5, 1926-
Hear Pleas For New Trial in Austin Case
Plainview Bank Attorney Claims Jury Prejudiced in Case
Sylvester’s Capture Makes New Evidence Available, is Said
Decision to be Given Later by Judge Karl Finkelnburg
Arguments on a motion for a new trial, in the case of the Plainview State Bank against H. G. Austin, were heard Saturday by District Judge Karl Finkelnburg. The matter was then taken under advisement.
The case grew out of the failure of the Plainview bank of which E. L. Sylvester was the president. Following the crash the bank brought suit against Austin for the collection of a note given by Austin and claimed to have been unpaid. The jury in the case returned a verdict for the defendant.
A new trial now is being sought by the bank on the grounds that the verdict was not justified by the evidence and that new evidence has been discovered. It also was noticed that the defense set up by Austin at the time of the trial was a surprise to the plaintiff and left him unprepared to meet the issue.

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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."