The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-04-19

| sSlZ0U, new orleans insurance COM
pany, of New Orleans, S625; Fire In
surance Association, of England,
1900; st. Paul Insurance Company, of
Minnesota, $1,000; North German, of
Hamburg, $1,000; Home Insurance
Company, of New York, $500; Star
Insurance Company. of New York,
$1,000; London and Lancashire, of
England, $1,000; New York Under
writers, of New York, $3.50; Trans
Atlantic, $1,000; Sun Mutual, of New
Orleans, $3.50; Howard. of New
York, $1,000: Crescent, of New Or
Total, $4,000. Stock in mill:
$1,000; London Provincial, $3.50;
Western, of Canada, $3.50; Home, of
Stock in warehouse: London Assur-
ance of England, $1,000; Hartford In
surance of Connecticut, S2O0O-about
! 80 per cent loss. Miller & English
will, as soon as practicable, erect a
new mill on the site of the old, and
| equip it with all the modern improve
mentS.
Sheriff Bradley, of Ellis county, ar
| rived from Waxahachie this morning,
having in custody w. G. Burch, who
was in business here on Market street,
ard skipped out several weeks ago,
| leaving various firms in the lurch for
large amounts. He will have an eX-
animation before Recorder Fontaine
on the charge of swindling.
The Theatre Com1que, run by
Frank Ray & Co., on Postoffice street,
closed last night under execution,
and the property attached for debt.
SAN ANTONIO, April 12.-At 1870
a. m. to-day Judge Turner, of the fed
eral court, overruled the motion for
new trial in the Russell case and
before sentencinga Russell, asked him
if he had aught to say why sentence
should not be passed upon him. Still
we'll H. Russell then arose and said:
What have to say why the sentence
of this court should not be passed
upon me? l stand for the
first time at the. forum of
Justice, where | have stood so
often pleading the causes of others, to
speak on my own behalf, and these
words bear strange import to me.
l will say, as l feel it my duty to my
self and my manhood, to truthfully
say, and shall say as long as the blue
dome of the vault of heaven shall be
above me and l have the power to
utter the words, that l am innocent
entirely and unqualifiedly. That l
have been too trusting and confiding
in others | admit, but l have no in
tention of making a scape-goat of
anyone, and if my having to bear the
brunt of the sentence Of this court
may be the means of saving and
sparing others from penalties, am
willing to submit. l am conscious
that nothing have to say will alter
the intention of the court to pass its |
sentence, and while do not wish to |
censure the court for its course to-
the assumption of the court that l |
fraud the government with d |
testified against me and stated that | |
had not authorized him to forge a |
certificate. showing that l could not |
have known anything in regard to |
the matter. 1t was al so shown to the |
court and jury that these accounts
were made during my absence from
the state, and what resource does one |
have for his defense? If he can be |
convicted on the acts of others, done,
not only without his knowledge, |
but during his absence. In the
Jones account, am accused of de-
frauding the government of some two
hundred and sixty odd dollars. l ask
the court if, during the time when
our government failed to make the
appropriations necessary to conduct
the process of her courts, l did not,
out of my own pocket, eXpend ten
times the amount OF this account in
interest on money to execute her pro-
cesses? The court has charged that
it is not necessary to show
positively that L had knowledge
of the falsity of the accounts. One
of the principal elements of crime is
knowledge, and the other is intent to
commit wrong. | never knew or
intended to deprive this government
of il single cent, and | believe that it
is not a sound doctrine of law that
one should be punished who had
neither the knowledge nor intent.
Once more say, as /
stand under heavens cerulean
vault, ! am innocent in all
respects of the charge on
which l have been convicted, and l
shall ever say so. l am ready for the
action of the court" Judge Turner
said it would be unbecoming in him
as a judge to cavil at what the de-
PENDANT had said in his own behalf,
and that he had endeavored to faith
fully discharge the unpleasant duty
deYolving on him in this matter. He
said the law fixed the penalty in such
cases at fine from $1,000 to $1,000
or Imprisonment at one to five
years in the penitentiary. He there
fore declared that the sentence of the ,
court should be imprisonment for two
wears in the penitentiary at Chester,
Illinois. The court room was crowd
ed, but during the entire proceedings
the silence was intense, save when :
the sentence was read when a muir
muir of sympathy ran through the
court, and poor RUSSELL was all that
was heard. The defendant did not
bow his head but stood calmly and in
4 dignified attitude. His counsel !,
then asked permission to take an {
exception to sentence entered, and it
was done so. A writ of error will be !
applied fer to the associate circuit !
court judge.
A house fell down last night, al
most killing one man, 1t is hardly !,
he will recover.
Postmaster Klappenbach, of Castro :
vile. suicided last night. Cause, de-
,pondency.
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