New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-12
JAMES ID. FISH GUILTY.
ELEVEN OF THE COUNTS SUSTAINED.
THE JURY AGREE AFTER MIDNIGHT-MR. ROOTS
IMPAssIoNED APPEAL.

1MPASS1ONED APPtAL.
The trial of James d. Fish in the United
States Circuit reached Its twentythrd ana A''
day yesterday. 1t began just month ago to-day.
Two OF the witnesses have together occupIcu
ten days in giving their testimony. 'uuso
Benedict did not wish to have the c"so
continue into another week and has kept the court open
later than usual.
District Attorney Root who began his summng'up on
Friday afternoon continued 1t yesterday morning o
was suffering from cold and was so hoarse .n'
his voice inaudibe few feet away. inc
Jury however, followed his argument closely lho"sn
once or twice he called on to raise MS voice.
sunk almost to a whisper He said that the DOCKS Vi o
bank we're intended truhully and fully to represent s
transactions Of the bank and not to conceal them lie
read the entries in loan aud collateral book IN "nou
loans to Grant and Ward were entered as maze Oh
collateral whereas no collateral really deposited
Mr. Fish, Mr.. Root said, knew that these eu'ii''
were made He had expected that entry OF the loans
would be made and had directed that certain course
should be taken with loans to Grant Ward. MT koo'
showed the Jury the loan envelopes found In the Dahk
which were without coateras that were recorded as
deposIted and said: As the only substitute Tor
1878 900 the bank examiner found these envelope Inc
loans he said concealed under mass OF alse anu
fraudulent representations. Mr. Daholl TESTIFIED lh't
they were made by the direction OF tho president
James ID. Fish.
Mr. Root almost rose above his difficulty of artlcula
ton when with special carnestness. he approached an
other branch OF the subject lie said The relations
of the defendant and General Grant. and Ferdinand
Ward and General Grant, have strictly nothing to 40
with this But must alude to them'
because / regard the attempt to use him In
this case-the attempt OF the defendant to
buoy himself mp by this great name In the waters III
which he fears to be oyerwhclmed--as Infamous. The
letters between the defendant and General Grant OF
July and q. 1889. are involved In a mystery. We
have only the DEFENDANTS worn LOT
The assertion that Is produced here
is really a copy Of his letter 10 General Grant on The
other hand, we have tho statement OF General
Grant made in the presence Of death Itself
that he received any letter In which Govern
mcnt contracts were mentioned. We nave the evidence
Of Mr.. Spencer that before General Grant re-
ceived that letter. ne ever did receive H. or nriore ne
received whatever letter was sent 10 nn Dy MI tlh,
Ferdinand Ward had dictated reply. Early IN the
S%ns b S e ssis Ward produced Ills writing
pad with the carefully prepared Letter. ietIer,
was dictated by Ward before coud have
reached his office received the letter. have no eN-
coeted 10y Ward and Fish to get the signature
Of General Grant to show To Other persons
that when Fish tells thar from aud after Juy > when
he expressed his wish TO unite with General Grant IN
athery way; when he tells u that from that time he
never spoke To the General OF TINS bushes, ~
which the firm enIharkcd when he tells
ms that he refraincd from saying anything
TO General Grant although they spent days IN each
dishonest work. No honest man would ever have done
did. These men were not dealing franky with the
s Ta1u the Belmont Nine which he believed 10 be
worthless prove that. Aud now he says he T. to be
1cguittcd because this old soldier stands the
ievri Did General Grant know that ward
thst accounts oyerrawn. that collateral after be
Ing deposited rs distracted Where - he connected
with his whole series OF fraudulent prctcnces false
entries and lying prctenccs only one attempt was
made incupate him In these transactions. ana thar
was when the defendant at The last OF the
trial IN writing Of bis friend and partner he
meant General Grant. when he had immediately I" ac
knowledge that he could not have NJ General Grant
who not then hi partner THIS one attempt to ~.
series OF transactions-ths history Of ifaui-stamps
characterize this whole attempt to drag him down
to the level Of their bascness hey know ms uaure
was large his that awaited Ia carry the str
ges Of Nation, tnc s'ya, al c re br, tby contd
ago Nations hopes To-l'n .e sieht ho"i, lut CUM
find IN II the least bitterness for the Toes
who had long opposed him. They knew that great
They know too the one weakness OF THIS great nature
him TO lean ON those he thought his
friends and never to desert them. that
10 his great powers added the simplicity Of child
And then while this firm ~ The last extreme, when
they the end was near aud ward was running to aud
hnrSa i oo6 and thus secure r addi ona sum To-
bit OF property that the old soldier had
saved for hsnsslf and hi. family. 40
reachery anything that can equal the treatment OF this
simple great soldier by these two great swndlrrs For
ever be sunk nfamy the ignobc soul that wond seek
besnirch tho great reputation which l. The glory
Of the country for the greed OF GAIN By means OF tho
petty tricks and lying devices OF This pair Of confidence
operators" .-.,.,,- e-,.,.
Al ore point Mr. Root was interrupted by Mr. Smith.
of this de;endant's counsel, who acned the District
Attorneys right to make certain statements OF matters
that had not been received ~ eyidenee Ihere wa,
lively interchange of words for few minutes, but the
attorneys were Quoted by the Judge ,... 80.
Judge Benedict began his charge 20 tho Jury nj i1o
D. IN. and little over an hour IN delivering H. lie
explained that the rst four OF the counts ol tne hu
charged the msappileailon OF the innds OF inc
bank the last THREE charged the abstraction 81 Inc fnnds
and credits Of the bank and Others concerned tho max
OF false entries IN the hooks o. the bans lie charged
that president OF the bank had the authority To loan
the money OF bank without collateral. provided he
acted In good faith and with honest intent me question
WAS there agreement Tor loan ia GOOD
faith whether the form OF loan was adopted 10 cover
IA different transaction Inc question OF soDu hlth "',s
to be decided from surrounding circumstances. II
nro.ecniion offered two explanations they
part OF scheme OF the defendant ana "ard 10
by false and fraudulent entries that the deendent
not knowing that there no contracts" allowed the
pose without Inquiry. As to the allegations oil
false entries, the Judge said that the 9n's.
pend whether he had seen the entries In the book II
be had given directions that they be made IL he KNOW
lated and designed to deceive the bank examiner he
might be copnt,ed under thai count dHe Jdass
counts ne wished TO have go to the @ AZ 19ey yo@
Soed cho the same nSse benedict eSns
re%n6sG The jury cd an Ss wSInsa them
OF their duty without regard TO persons Mr. Clarke
took several exceptions to the Judges charge.
vered the charge, retired at 6:l5 in the custody Of
Deputy Marshas Holmes, Brooks aud Urban.
The Jury into court at ii o'clock aud received
further instructions The question OF intent They re-
tired again. and 1t midnight Judge Benedict directed
that the jury be locked until o'clock this morning.
when he would be In court to receive the verdict.
The Judge did not leave the building however, aud at
1890 hc returned the courtroom, the jury having
agreed They into court and announced that they
had decided verdict of guilty the nrs fourth,
NTH seventh twelfth. thirteenth, fourteenth fifteenth
seventeenth nineteenth and counts OF the
indictment.
MR. FRELIYGHUYSEY Ma Y LIVE SEVERAL DAYS.
There was 10 material change in the condi-