Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-16

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LEGAL LORE,
Proceedings of the Several Courts now in
Session In st. Paul.
United States District Court,
The United States district court, Judge
Nelson presiding, resumed and finished up
the criminal business of the term yesterday.
THE SHERWOOD CASE.
First in order was the Sherwood case. On
the opening of the court, at 9 o'clock A. M,
the jury in the case, which had been out all
night, announced their readiness to report
This they did almost Immediately with q
verdict of guilty as to the fourth count of the
indictment, and not guilty as to all others.
The verdict was accompanied by a unani-
nous recommendation to the court for
mercy in behalf of the accused. The count
upon which the accused was found guilty
sets forth that he embezzled the amount of
$751;. The Indictment was laid under the
law, and thereto were several counts,
each reciting that such and
such amounts we're embezzled, these amounts
being due on the date of monthly settle
ments, and the first count charged him with
the embezzlement of $4,000, or the aggre-
gate amount of the several settlements.
The count upon which accused was found
guilty, relates to his final or July settlement,
When the discovery of the deficiency was
made by Special Agent Child.
The count, the fourth of the indictment,
upon which he was found guilty was as fol-
lows:
After reciting that he was postmaster at
Brainerd and connected with the
money order department., the IN
dictment charges that he ''aid
unlawfully and fraudulently convert to his
own use certain portion, to-wit: The sum
of one hundred and eighty-one dollars of the
money order funds, which had Heretofore
come into and then and there were in his
possession as postmaster as aforesaid and
which were then and there the money
and property of the United States,
and of the value of one hundred and eighty
one dollars, whereby and by force of the
statute in such case made and provided the
said Sylvester V. Il. Sherwood is deemed to
have been guilty of the embezzlement of
said funds. And so the jurors aforesaid, on
their oath aforesaid. do say that the said
Sylvester v II. Sherwood, then and there in
manner and form aforesaid, portion of
said money order funds, the said sum of one
hundred and eighty-one dollars thereof. of
the property, moneys and funds of the
United States of America, unlawfully and
fraudulently, did with force and arms con-
vert to his own use, and embezzle, against
the peace" etc., etc.
At the time the verdict was announced
Sherwood, the ex-postmaster of Brainerd,
was unaccompanied by his wife. So soon
as the verdict was made known the district
attorney requested that the accused be COM
mitted to the custody of the United States
marshal. Whereupon be was conducted to
the county Jail, where he now awaits SEN
tence.
The penalty attached under the law is i'm
for not less than six months,
and not to exceed ten years, and the paw
ment of fine equal to the amount embez-
zled. .
HOW THE JURY wREsTLED OVER THEIR YER
DICT.
AS stated the jury was out all night. Up
on taking the first vote, which was shortly
after they went into deliberation, they stood
eight for conviction on the Whole business,
two for acquittal and two for conviction con
dltlonally. No change could be made in the
status of opinion during the night. The
matter was canvassed pretty seriously and
perslstent'y, but with no alteration from the
Shove creed could be made. At 8 o'clock at
night, when the jury was informed that the
court was in waiting, another vote was taken
but with the same result, greatly to the cha
grin OF some of the jurors. Matters stood
this way while the night stole along to morn
ing, and sun up saw the Jury divided just as
they we're at the beginning. And this d.
vision held good until fifteen minutes to 9
O'Clock, when compromise was effected by
reaching the verdict returned into court.
OUT OF COURT.
Sherwood showed the shock the verdict
had given him. Though it might have been
anticipated from the charge to the jury, yet
when 1t came in the announcement of his
guilt, it came none the less as crushing
blow. In few minutes Sherwood found
himself in the custody of Deputy
Marshal Bracket. In his company Sher-
wood was conducted out of court, but before
leaving the court room, Mr.. G. D. O'Brien
and District Attorney Billson had consul
tatlon, which was communicated to Mr..
Brackett. The result of the talk
was that when the deputy marshal emerged
from the custom house with his prisoner,
they proceeded to the Merchants hotel.
There husband and wife met. With them
was their child.
The meeting was such as might be ex-
pected under such grevious circumstances.
1t was deeply afecting-the wife strong in
her devotion met the husband with express
slons of sympathy. All withdrew, and
father, mother and daughter had and shared
their grief together. .. .s~.
After hours time had been given to this
sad interview Sherwood was conducted to
Jail, where he was visited during the after
noon by his grief-strioken wife.
The rumor is prevalent that Sherwood is
wholly blameiess in the embezzlement of
which he has been found guilty. He is made
Of that stern material that he has given
himself a sacrifice to save member Of his
family. How true this may be. Sherwood
will not tell, but it is so currently rumored,
that steps will be taken at once to secure his
pardon, in the event of sentence by the
court of imprisonment
Mrs. Sherwood and her daughter, child
oy a former marriage, have been constant,
and cordial in their support and
trust during Sherwood's sorrow.
= JOHNSON AND ELL1orr's CASES.
Following this, the court took up the
criminal work, and with the Jealous assist
ance of the distri 1t attorney and counsel
accomplished the following business:
The United States vs. Martin johnson,
arceny of stamps from the Austin post
office. he pleaded guilty and was remanded
Tor sentence.
The United States vs.. Frank Elliott,
charged with making and passing counter
:eit money. This is alleged to have hap