Morning journal and courier., 1883-08-30
AU EAV III as follows ::
Lockwood Sentenced.


He Gets Twelve M0nths' Imprisonment
 and $50 Fine.
 The trial of Isaac Fl. Lockwood, of Dan. bury, charged with making fraudulent use of the mails, was resumed in the United States district court yesterday morning. When the names of the jury were called it was found that Royal Jennings, who had been excused from the jury, had served there on on Tuesday and that Juror North, who had not been excused, had not served The court appeared to think this made no differ ence, however.
 Counsel for defense said that witness ex- pected had not arrived and the defense would rest their case.
 Assistant U. $. District Attorney Hart ad- dressed the jury in argument, making the point that any person having attempted to defraud and who should use the mails in such l an attempt was guilty man. The three counts in the indictment charging Lockwood with attempting to obtain money deposits as security from persons in different places, who had been promised employment at a salary, with intent to defraud, were drawn in or der to fully show what Lockwood had been about in his scheme to carry out fraud. The clements of the ofense were the concocting of 8 scheme to defraud; and then using the mails to carry out his attempted fraud. The methods that the prisoner used to defraud people were fully shown. He had taken the precaution to insert his advertise ments in papers distant from Danbury
 MT. Walsh, of Danbury, counsel for the defense, argued that Lockwood was in court under statute to prevent defrauding people. There were two cases, one the letter and the other the circular case. Where specific at tempt is set up in the allegation it must be proved, and where no act of receiving money | | IL material after some act of fraud is prov ed. In burglary it must first be proved that there was a burglary. The i'm tent must be proved afterward. These let ters had harmed no one. That the letters were mailed is no proof of intent to defraud It was not in itself crime for man to falsely represent himself as something he is not. But in Lockwoods case the govern ment have not had witness who claims to have been deceived, or who had been asked by Lockwood for a single cent. Nothing had been done to harm any man and the gov ernment had failed to prove that Lockwood used the postoffce to defraud anybody.
 In the afternoon Judge Shipman charged the jury and they retired at about 2:3O o'clock. He briefly alluded to the evidence and arguments, saying that he could lay down no rule as to what exactly might go to prove fraud or intent to commit fraud in this case He spoke of the poor condition LII GA0 REASOAc1 WAAC A4N11b OL0Rucy D0- pot, and said that if he got up these circulars to while away his idle hours they could not be used to convict Of his intent the jury must judge by what evidence had been laid before them. It was not claimed by the government that the defendent had even made an effort at blackmail. It was not necessary that guilty scheme should have been carried to compile tion in order to prove guilty intent.
 The jury soon returned with a verdict of guilty. Judge Shipman sentenced Lock wood to twelve months in State prison and to pay fine of $50 and to stay imprisoned until the fine shall be paid.
 The case of Alonzo J. Beardsley et al. Vs. the canal boat Williams was to have been tried yesterday, but it went over on account of Rhsance of counael