The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-02-10
The Conspiracy Case.
THE LAST ACT I'm THE DRAMA.
Winship and sweti Sentenced TO JaiI.

Winship and sweti Sentenced TO Jail.
The Lass act in the drama of the conspiracy
case closed Saturday afternoon at the United
States District Court room, 10 the presenc= of
good audience. At 120 D. m. the court
came in and the prisoners, Me-srs. John o,
WnshiD aud Gorge W. SWEET were placed in
the dock. W'nship appeared calm and
dignfed. Swets's condition was not very
creditsb'e to himself or to the remarks Of
counsel and his follow prisoner in his favor.
| District Attorney Lunt moved that sentence
| b. im posed.
| Jusge Fox then said that before imposing
sentence auy remarks counsel Or prisoners
might desire to make woul b. in order
Mr. O Clifford counsel for Sgett, urged
| in mitigation of his clieut's sentence, his army
reco,d, and that of his previous life His
| pe'ghbors thought enough Of him TO make
b m postmaster. He thought if person com.
mtted single Office il proved the result of
circumstances rather than perversity of
character. HIS testimony showed he sup
| pressed nothing, and did not show Intentional
| guilt. He is stripped of all his property, has a
burden OF future debt upon him and an aged
mother TO support He asked that the
| touteuC6 ulSub uN WOiHo1 OUT at tnlS 1Ail In
stead of at the Safe prison.
Al the close of MIR. Chfford's remaks the
District Attorney said he wonli mol pros the
| second court on which Mr. Swift was con-
victed and leave him to be sentenced on the
SIX count OF the indictment on which
| WiuehiD anG SWEET we're both convicted
Mr.. Wrnship SAID that when be heard of tina
Indictment he was sics in an adjoining State.
! lie i'm mediately came forward and tried to
meet the case f4rly and squArely. He did not
wish to add to or take away any hing from his
| previous testimony on the staud He had 40
fault to fiod with any body connected with the
trial. TIE case was now in the hands of the
court. He asked no mitigation of sentsuce II
there was any lenieucy shown, he hoped it
might be to SWEET, who was lame, and had
family and an aged mother to support Mr..
Wi0s3ip's manner was Calm aud d,gnitied,
SWEET then arose aud delivered a rambling
and ipc0bereut speech. His appearance was
one that is rarely seen in court and was very
painful TO WITNESS.
Judge Fox then imposed sentence with the
following rem ,rks:
George W. SUett and John O. Wiaship: The
coutt Cannot bna regret that 1t IS now obliged
to pronounce that sentence which the law re-
guires me to award, against you, for the yery
serious crime of which you have been found
guilty,
You, Swift, in defense of your country, be-
came MANNED and crippled for life, bat your
iilohoe ouu LelRuDoIS ua0 Sucn commence
and sympathy for you on your return home
that you were appointed postmas er. and acco-
molsted hitle properly, all of which, il is
sald, has brtn st ia attempting TO aid an assc-
ciate in most bold and wicked attempt to
d. fraud his creditors Yau iIiued IN thus con.
spirscy to transfer to you and your coDfedeg-
ate, by various false and fraudulent convey-
ances, property of the debtor of great valuf,
and as difficulties gath red. arou d the tran-
saction, 10 accomplishing your fraudulent pur-
nt.AA d. ..vvaf. 4hA 1HN
under the sanction OF a s0lema OATH sssever-
ated the tFuthtulDess of your statements, the
fairness and honesty of your dtaiiags with the
debtor, III your ex imitation before the register
in bsnkrup'cy. You swore to maDy state
ments which you ben knew were false and
that you might be successful 10 your frauds you
committed wiifnl corrupt perjury. Your ASSOC
cistes, by their oaths, corroborated the Truth
falness of your statements, so that three per-
sous, who bad heretofore b-en OF tair repnta-
ton in this county, BY coucert aud express
agree ment between hen, each swore to wifal
false hood, and subjected themselves to the dis
grace and shame and penalties of the crime Of
perjury
The other prisoner, John o. Winship, has
for some years b-eu an attorney of this court
OF more then ordioary tndOsm+nt, and abl-
ity-associated for some time with gentle
man of the highest standing ard charac err,
woo was 10 DO way cagsisant OF Musings
miscoudnct, aUd whom the court, with the
SIettSb Sdtlsl4CbiOu tuuS puUiCRlY eXOuerateS
from shy imputatous by reasoD of h.s relations
with Wipsbip,
fbe evidence tended to show that the other
conspraters employed Winship as Their a5t0r-
ney, to draft for them, from time to time, these
fraudulent conveyances, four in number, out
the jury were not satisfied that Winsnip act.
ually Joined and participated in the conspiracy
with he Others prio. TO the fctictlous mort
gage BIZ Hollaud,' of his wool and other stuck
for $4,000 TO Sgett and Leavitr, but by their
verdict they Go find, that after that, Winship
duo conspire with Jha o,hers, that Vt should be
prete' Odd that Ssett and Leavitt had paid
the Sc 600 to Holland in part OF the consld-
Grafton OF this mortgage, ard that Holland
should pretend 10 have lest this sum and
should afterwards so testify 10 the proceedings
in bankruptcy. At toe time you jsiled ia this
conspiracy, you, Winsh'p, well knew that this
am0nnt vas never so loaned to Holland and
was never lost by him, aud yet you attended as
the Counsel for all he Other e3nspirato.s be-
fore he Register In Bankruptcy on their exam
iDation under oath, and you provided holland
With copy of his I alse testimony ID relation
to this matter, as given By him before he Dis
trict Judge, ou a pr or occ4slor, IL order that
there should be no coof1ics 10 MS stst-me nts,
you listened 10 this false testimony of these,
your fellow couspirators givea in accordance
with the agreement between you, and which
you aud they knew was false, spd you thereby
prom ted this wicked fraud, thus sus-
taiued by the Wholesale perjury of all of
them The pretebce that your relation Of
council to these parties justified your con-
duct, is go moBstraus that the simple ststemeut
affords its complete refata Conspiracy and
subornslj0D of perjury have not b-c9me part
OF the duty Incumbent upon so attOrues ia be-
halt of bis c,ieut Such conduct Gao ollg be
denounced as ml 81 base aud detestsble crime,
especially Oh the cart OF al attorney in whom
the court has r posed confi6er CO as ope OF its
Officials. Such crimes d-seTva and will receive
coudign and rigorous punishment, that others
who may be exposed to like Temptations may
prof By this lesson and be deferred from con-
mtting the offense. For this CRIME the stat
ute declares that the. puuishm Mt stall be by
fire OF not ltss han $1,000, nor more than &c.
600, and imprisonment not exceeding two years.
The court has entertained serious doubt
whether iS would be justified in not requiriug
the imprisonment to be IN the State prison, but
considering that this ia the first conviction un-
der this statute in this district, and that it will
be understood that if others snail be hereafter
Convicted of s,milar offenses, the punishment,
10 all probability, VIII be to the full extent al
lowed By The law--l have concluded to impose
upon each of you an Imprisonment in jail, as
being less odious ard disgraceful. and not SO
likely hereafter to prove prejudicial to you, il
by your future conduct you shall manifest sin-
cere repentance for yonr crimes. The term of
imprlSoD meat will be for as short a duration as
| have imposed 10 another distr CT upon parties
convicted of offtnsa under this section of the
Statutes. Fine 81 900 eacb and one years i'm
prsonmept in jail, Portland.
A. the close of Judge Fox's remarks he
remanded the prisoners TO the custody of the
United States Marshal. Mr.. W,nship thanked
the officers of the Court severalY for the
manner in which he had been treated by them,
and the twain then were placed 10 hack aud
carried TO tbs County all where they were
received 0y Sheriff Dresser and placed in cells
in the western wing. Both appeared reserved.
There was rumor current on the straet hat
Mr.. Winship had received pardon from the
President and representative of this aper
visited the jail Yesterday to ascertain lis truth
Sheriff Dresser stated he had not heard Of or
seen any pardon. Mr.. Winship's trunk and
bedding had been sent to the Jail Saturday
afternoon and preparations had evidently been
made 20 stay. Both Winship and SWEET at
tended the services in ths jail chapel yesterday
with the other prisoners Judge Fox and
District Attorney Lunt had heard nothing
about pardon and the impression prevailed
they would prob ,bls bs consulted at least be-
fore such step was taken by the government.
This would not initiate against pardon bang
granted in the future.