The Sylvester Family of Plainview, Minnesota*

Judge Callaghan blasts Edwin Sylvester at sentencing

May 14, 1926

PAGE 218

J. R. Finnegan, prison guard to Stillwater where, if he serves his maximum sentence, he will spend the next fifteen years and should he live until that time he will be 82 years old.

Continue Counts
The other four counts, one for first degree grand larceny, to defraud the bank, as its president of approximately $1,500, and the other three for second degree larceny, were continued until the November term of court. The three second degree larceny counts covered private individuals, who lost money. One was for $152,32, another for $60.90 and the third for $30.66, totaling $243.88.
Cheerful when he first arrived, the former official, but now No. 8429 at Stillwater penitentiary, became more sober when the grand jury filed in with the secret indictments in the morning. The crowded court room was hushed as Judge Callaghan looked over the indictments and after a discussion between John R. Foley, Wabasha county attorney, and Harry Peterson, defendant’s counsel, the arraignment was continued until 2 PM.
Listens to Attorneys
When arraigned in the afternoon, the little old man, tired and worn, took his seat in back of his attorney and listened attentively while the attorneys made their preliminary talks.
Attorney Peterson went over the indictments with the court and stated that Sylvester would plead guilty to the count charging the withholding of information from the banking department.
County Attorney Foley then asked the court if evidence should be offered by the state. Judge Callaghan stated that he had handled the case sufficiently to be well informed with all angles and requested Sylvester to stand.
Sylvester arose, and walked near the stand in front of the judge, standing with downcast eyes and folded arms. He was well dressed in a pencil striped blue serge suit and looked as neat as in his best banking days of the past.
Makes Statement
"It is proper," said Judge Callaghan, "that for the felony of making a false statement to the state department and superintendent of banks, and withholding information wanted by that department, that you stand guilty by your own wish and that you be confined at hard labor for an indeterminate term not to exceed five years, to begin at the expiration of the sentence before imposed by the court."
Sylvester bit his lips a little harder and blinked, but refused to look up.
"I just wish to say a few words in connection with the sentence," Judge Callaghan continued.
"You lived in that community for many years. You operated the bank, and the people of that community trusted you. You held their bonds; their property was in your hands; their savings were entrusted to your care. You betrayed that trust.
Misplaced Trust
"The confidence of that town after all these years had been misplaced. It is a sad thing. Many persons were made sorrowful by your unfaithfulness, and the loss was a heavy one for a great many people. It caused the people to lose faith in humanity. When a man betrays his trust, the penalty must necessarily be severe.
Sylvester weakly reached for his face and cried quietly. Then, unable to restrain himself, he buried his face in his arms on the table and sobbed aloud.
Sylvester remained with his head on his arms, sobbing, while the county attorney and Attorney Peterson discussed the remaining counts. Attorney Foley refused to drop the remaining counts, and Judge Callaghan set them over until the November term of court.
Call Witnesses
In the morning grand jury session, many witnesses were called, among them

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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."