The New York herald., 1870-06-12
THE MELLEx.wARD EMBRZzi.EMEsT.

Trial aud Sentence Of MeiIeu' and Ward In
Boston for Embexxlement-Each Sentenced
20 Two Years' imprisonment and to Pay u
Fine Of S1OO,OOO-strange Turn Of For
tane-From the Parlors Of Gaiety 10 the
Cells or a Prison.
BOSTON, June II, 1870.
Commercial and financial circles have been
greatly exercised and pleased to-day at the unrelent
ing administration Of justice to Charles Mel
len and Charles II. Ward, couple or
government defrauders. They were at the
head OF the firm OF Melen, Ward Co.,
OLD and well known and, in conjunction with
julius Hartwel. they managed to clean the govern.
ment out OF 100000 some three years ago. The
facts were published In the HERALD at the tme and
were followed by card OF denial from the accused
but their plea Of not guilty was not sustained by
either public opinion or an impartial and just trial.
They were convicted and IN spite OF wealth. position
and friends, sentenced to mild but not unpeasona-
BILE penalty for deliberate, premeditated and
fashionable crime. Their copartner In the fraud
was not sentenced for the OF his non appear
ance In court, bur he will be brought to the bar on
Monday, and probably be severely dealt with as
Mr.. Mellen and Mr.. Ward have been. The scene
when the parties. sentenced called up was one
which VIII long be remembered by the friends OF the
criminals and the commercial men who were present
the defendant did not respond X. M. Morse, Jr.,
his counsel, explained to the Court that hts client
was absent somewhere In Pennsylvania on business
connected with she Connecticut Mutual Life Insur.
ance Company, and not having received sufficient
notice OF the action OF the Court Mr.. Hartwe was
not able to be present. Mr.. Hilliard, the District
Attorney, said he should take no action nor make
any motion under the circumstances, but should
move for Mr.. Hartwelrs sentence Immediately on
his arrival In Boston.
The Court Judge Clityord) then said that persons
convicted or crime and not sentenced were under
obligations to appear at the time appointed for that
purpose. The defendant was then defaulted upon
his own recognizance, ana the Court said 1t would
suffer the matter to subslde IL being understood the
government attorney acquiesced in the suniciency
OF the reasons Tor the non-appearance Of the ac-
cused.
The names OF Me'len and Ward were tnen called
and the defendants passed into the dock. Mr.. Hill
liard said II was now his painful duty most painful
or all but one that had been imposed upon him by
virtue OF the government and ne must perform it,
lie said the defendants were tried under the act OF
is46, chapter ninety and the sixteenth section.
Hartweli was indicted for embezzlement of the pub
lie moneys, and Mellen and Ward for partlc
patlnQ IN that ACT. The sum OF 100000
WAS WI s.,c emnezTed ae nv Tne amSunt could not
governments attorney said he mad nothing 10 urge
to the Court as TO the time OF imprisonment to be
awarded. The case was one OF great interest lie
had only to ask such sentence as the interests of
public justice and the elements in the<case required
but he said he should not be doing Justice to his duty
ana the case II he did not observe one thny for the
benefit OF the defendants. Upon the discovery OF
the gigantic frauds the defendants, Mellen and
Ward, werc frank and full III their disclosures
to him and to the Grand Jury. They had kept notf-
ing back, ana In the course OF his duty and nves.
CATION he was aided by such disclosures and there.
lore that conduct on their part has given them q
Claim upon the consideration OF the government and
thee court. That conduct has not been modified by
any OF the events subsequently,
At the conclusion OF Mr. Hillard's remarks Henry
Paine one OF counsel for the defendants, addressed
the and stated that he desired to show the uni
form good character OF Weller and Ward both be.
fore and since the fraud believing that such show.
ing would have some influence In extenuaton 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
defendants-gOOd from their youth up to the time OF
this transaction and since the event.
Messrs. Edwin Il. Wiggin, James Sutherland,
agent maa oi tae wil,lston Goii9n works; BENJAMIN
and a number OF other gentlemen employed on state
street and holding responsible POSITIONS, testified as
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 char
actel and reputation Of the defendants He assumed
that the guilt OF the defendants had been legally
In the case, and alluded to the franKness and prompt
itude with which the defendants answered all ques-
lions put them The principal man In the fraud had
ded while the men before the court had remained at
home ready to meet the charge with some slight
oSnsei1usness less, Of their innocence In view
If the punishment deserved anything
more than the minimum in suchlcases. They have
suffered. They are no hardened villains What
must they not nave suffered! In adjusting the add-
tional punishment that shall be imposed upon them
the past three years should be taken into consdera
ton. Mr. Pane, In conclusion, appealed TO the
Court to temper mercy with justice. Recapiruating
the peculiar circumstances in which both the de-
fendants were placed. Mr.. Pane then read written
statement prepared by Mr. Melen, declaring his en-
tire innocence Of any hand in the fraud. The paper
was submitted to the Court.
In imposing sentence Judge clifford referred very
brehy to the circumstances OF the case. and, with
out repeating any Of those circumstances, he read the
act OF Congress under Which the defendants were
convicted and quoted the penalty imposed, which
Is not less than six months or more than ten years
and fine equal to the amount displaced. The Court
said the law gave him discretion and he Thought the
amount was too large III this case. The only
appeal from the law was to the Execu-
in either category OF the law. The Court
held that the evidence supported the indictments.
The embarrassment or 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
good In regard to their voluntary acts the law did
not recognize any mitigation in such conduct, how.
ever advantageous may prove to be to the govern
ment. The Court then sentenced Mellen and ward
to two years. Imprisonment each in the State
Prisons within the district OF Massachusetts, Mellen
In the jan at Greenfield and Ward In the Suffolk
county jail, at their own request through counsel.
Both parties were also fined 500 900 each being the
amount embezzled.
Wdrd was HluCu dHeCteu during Cne remarks OF
Judge Clifford incident to the passing OF sentence
and he sObbed bitterly The friends of the prisoners
gathered round the dock and sympathized with
the unfortunate men. The result OF the trial. as be-
fore stated, has caused as much surprise 1t mas
satisfaction. The defendants were prominent 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 gaiety to the lonely prison cells is therefore,
more particularly commented upon.
RECKLESS SHOOTING