The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-11
JOHN CANNON'S CONVICTION.


JOHN CANNON'S CONVICTION.
THE MOTION FOR NEW TRIAL DENIED-A
MOTION IN ARREST OF yuDGMENr-uow THE
ACCUSED WAS HAILRoApED TO STATE PRISON
THE CONDEMNED MANS STATEMENT
PHILADELPHIA. Oct. 10. 1879.
Judge Briggs. this morning, in the case of John
Cannon. convicted yesterday of uttering and pub
fishing the forged United States bond. denied
the motion for q new trial. The prisoners
counsel then made motion in arrest
Of judgment. on the ground that Cannon
had been convicted two bills of indictment which
charged substantially the same offence. In
count of the Indictment he charged with having
uttered and published the United States bond with
coupons attached. and in the other with having
uttered the coupons.
The Judge granted the motion as regarded the
count which charged him with having uttered the
coupons detached.
RuLIoADED STATE PRISON.
There several remarkable features about the
trial aud conviction of John Cannon for attempting
to pass altered bond which had been stolen from
the Manhattan Savings Bank. He has been "rail-
roaded' to the State Prison in the most summary
manner. Whether guilty or innocent he certainly
has had no opportunity to produce his witnesses
from New York and no time to instruct counsel. He
was summarily tried, and has been convicted of
publishing the forged bond and of having forged
coupons in his possession with intent to sell them.
Cannon was taken Wednesday. Immediately after the
hearing at the Central Station. before Judge Allison
by his counsel. Mr.. Isaiah H. Brown, writ OF
habeas corpus. and. after hearing. remanded for
trial before Judge Briggs holding Quarter Sessions
But Cannons counsel had the case continued until
yesterday that he could secure the attendance Of
his clients wife and other Witnesses from New York.
hoping to be able to explain how Cannon came into
possession Of the stolen bonds.
Yesterday morning, when the case came up. in adj
dition to the witnesses examined before the magis
trate. Mr.. David n. Cooper. employed in the United
States Treasury Department testified that the
alteration on the five hundred dollar bond which
was found in Cannon's possession had been made by
scratching the figures and painting over them. and
this discovered by washing the part at Washing
ton. when the true figures were discoverable. He
said that genuine bond bearing the number to
which the other bond had been altered is owned by
the United States. The case. without argument,
then submitted to the jury. who after being out
only ten minutes returned q verdict of guilty Of
uttering and publishing the forged bond, and Of
having Forged coupons in his possession with intent
to sell them.
to show by affidavit that he had witnesses he de-
sired to have examined before he could pass on q
ten. so that prosecution for perjury might be in
stituted upon it.
At two o'clock to-day Cannon's counsel presented
the following Affidavit
Common wealth vs. Cannon. County of Philadelphia SIS
John Cannon being duly sworn deposes and that
diced in being compelled go to without time Tor
allowed sufficient time no will be able to show to the
Court his entire innocence OF the charge against him
y his trial they would have testified tho fact
forging and uttering Of which he Is indicted in fair and
BY sss Of s ss M 1a Sas
several and further that his business tina, Of
TO the Court now trial Of his that until
ting with for the purpose Of assisting In HIS
for which , pes
of Opponents knowledge information and belief ana no
expects to BIO able tho above facts in trial
Sworn and subscribed this 9th day Of October. A. D.
1S79-A. WILSON HENszsY. Pro- Clerk
Cannon's counsel made an earnest argument in
support Of this affidavit aud claimed new trial:
The Judge took the mattor under advsement and
delivered opinion this morning. as stated above.
THU PRISONERS STORY
After considerable f0rmality was admitted to the
main corridor of Moyamensing Prison yesterday
afternoon and had nearly half hours talk with
Cannon He is an intelligent man and takes his con-
fncment like philosopher. After explanations had
been made said
''rell the history OF that five hundred dollar
bond-how it came into your possession
Il will tell the whole story. The fact is 1 did not
know that it was Manhattan bond. have SAID to
u =
touch Manhattan bond. Mr.. Clark states the facts
about his refusing to purchase a bond of mo some
am not aware that 1t this bond. When it
refused by Mr.. Clark returned it to the persons
from whom got it with the remark that there
something wrong about it. I received my
money / bought several other bonds on subse
quent occasions. and among Others. the one which
has got into trouble. had 70 list of the stolen
bonds--my wife could show it to OF your
porters in New York-and took the trouble to
suit 1t to see that this was not ON the list Tho
n Of hn n IN hAPW adj IA
did not observe it. The strange thing is that
purchased it OF different persons than those who
gave me the one which Mr.. Clark would not buy.
IT, as this clerk says. 1t is the same bond ii must
have been floating around promscuously. In fact. 1t
reached my hands again. and that ], knowingly.
should have gone to the same Office and offered
1T to the very same clerk. Surely that looks very
stupid for dishonest man."
'You dealer in bonds. thon?' asked.
81 have done great deal in that way i'll the last
few years. Only what was supposed to be discredit-
able to me was stated to the jury. This same Mr..
Clark did not remember how many good bonds he
had bought OF me-
ar he had recalled the fact" suggested, "the
remarks of the judge ana counsel to the effect that
it was common practice to establish fictitious
credit by this very means would have made such
testimony worse than useless.
Exactly" said he "why, have only made $500
in buying and selling bonds all the season. Mr..
Clark forgot that sold him one thousand dollar
Union Pacific funding bond. worth about 1i5 lost
ket. Possibly it was u stolen bond. but 1 don't
know that it was. Indeed 1t is quite unlikely that
l should call attention to 1t II feared it,"
PREVIOUS CONVICTION.
"You were visited by Captain Byrnes, Of New
York. Wednesday,
Eyes. lie did not have much to say to me.
never saw him before that know OF. Heavens IL l
had had the Manhattan bonds, or was associated
with the thieves who got them. the SisO0O would
have been sold in forty-cight hours. before a list
could have been circulated. tell you have suf-
fercd enough for others. Why in August. 1866,
taken To Boston and 'railroadcd to Jail order
that gang OF detectives might get "a 900 reward.
was sentenced for seven years. but soon after Mr.
James Sturgis. large coal dealer, who had had mo
convicted. discovered that was innocent He went
to the Governor to get pardoncd; but the detoc-
tivcs saw they would have TO refund the reward and
brought influence enough to keep me in Jail.
After hve years had been served Mr.. Sturgis went
before Governor Chamberlain i'll my behalf. but in
vain. l served my time-sx years. The allowance
for good conduct is not large MS In New York.