New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-19


painful duty, mort painful Of sn but oae
OF the government, and he nuat perform Il.
| He said the delendanh were tried under
the act Of 1916, chapter ninety and the six'
teeuth section. farewell was indlcSeds for
the embexxlemens of the public moneys,
and 4ellen aud Ward for participating In
that act. The sum Of 500, 900 Was en-
bez1led. The amount could not be paid -
9 @ane%by eithee q the defendants. The
governments attorney said he had nothing
to urge to the court - 10. the time OF I'M
prtSonmeut to beswrded. The case was
one of great interest. He had only 10 ask
| for euch sentence % the interests Of public
| justice and the elements In the case re-
| quired; but he said he should not be doing
| justice to his duty and the case ii he did
not observe one thing for the benefit Of the
| defendants. Upon the discovery of the
gigantic frauds the defendants, Meilen and
Ward, were frank and full In their disclo-
suree to him and to the Grand Jury. They
had kept nothing back, and In the course OF
such disclosures, and therefore that conduct
on their part has given them claim upon
the confederation Of the government and
thecourt. That conduct has not been modi.
fed by any of the events ubsequently.
At the conclusion of Mr.. Billiard's
remarks, Henry Paine, one of the counsel
for the defendants, addressed the court and
stated that he desired to show the uniform
good, character of Mellen and Ward, both
before and since the fraud, believing that
such showing would have some influence In
extenuation of the sentence. The court
ordered the Witnesses to be called, and some
twenty names were called. The District
Attorney admitted the good character Of the
Acknowledged from their youth up to the
time of this Transaction, and since the event.
Messrs. Edwin B. Wiggin. James Suther-
land, agent of the Williston Cotton Works,
Benjamin. Dodd, cashier of Atlantic Bank
gentlemen employed on State street, and
holding responsible positions, testified to
the excellent character of the defendants.
Mr.. Paine then submitted letter to the
court, which was not read, but which the
District Attorney had seen and assented to.
Mr.. Paine then addressed the court briefly.
He referred to the uniform good character
sumed that the guilt OF the defendants had
been legally established. He reviewed, the
action Of the grand jury In the case, and
alluded to the fairness and promptitude
With which the defendants answered all
questions put them. The principal man in
the ffAad had fed. while the men before the
court had remained ut home, ready to meet
the charge with some slight consciousness
OF their innocence. In view Of all that had
been shown, he asked II the punishment
deserved anything more than ithe.minimum
In such cases.. They have suffered. They
are no hardened Williams. What must they
not have suffered? In adjusting the addi-
ti0nal punishment that small be imposed
upon them the past three years should be
taken into confederation 8 Mr.. Payne, in
copclusioD, appealed to the court to temper
mercy With justice. Recapitulating the
peculiar circumstances in which both the
prisoners were placed. Mr.. Psine read q
written statement prepared by Mr.. Mellen.
declaring his entire innocence of any hand
IN the fraud. The paper was submitted to
the court. -
In imposing sentence Judge Clifford re.
ferred very briefly to the circumstances of
the case. and without repeating any Of those 4
circumstances, he read the act Of Congress \
under which the defendants we're convicted, i
and quoted the penalty imposed, which is
years, and fine equal to the amount dis
placed. The court said the law gave him
and he thought the amount was
too large in this case. The only appeal from
the law was to the Executive clemency, and
the offense is not within either category Of
the Law. The court held that the evidence
supported the indictments. The enbarrass-
menL OF the court was only IN regard to the
time. The defendants were fairly tried,
and the motions fairly considered, but the
court was satisfied that their character and
regulations were good. In regard to their
acts the law did not recognize any
mitigation in such conduct, however advan.
tageous 1t may prove TO be to, the govern
ment. ea - - -
The court then sentenced Mellen aud
Ward to two years. Imprisonment each, in
The State Prisons within the district OF Mas.
sachusetts. Mellen in the Jail at Greenfield,
and Ward in the Snffolk county Jail. at their
own request through counsel. Both par
ties were also fined $l00, 600 each. being the
amount embeZzled.
Ward was much affected during the re-.
marks of Judge Clifford incident to the
Passing of sentence, and he sobbed bitterly.
The friends Of the prisoners gathered round |
The dock and svmpathized with the unfor-
tunate men. The result of the trial, as be- |
fore stated, has caused az much surprise as
1t has satisfaction. The defendants were
in society, and even during the
present week they have mingled freely in |
The social circles Of the leading citizens, and |
their sudden transfer from the parlors of |
yaiety to the lonely prison cells is, there
lore, more particularly commented upon.
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