New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-06-27
NO SECOND TRIAL FOR FISH.
SENTENCE TO BE PRONOUNCED TO-DAY
UNANIMOUS DECISION OF JUDGES WALLACE BENZ
DICT AND BROWN.

rv.N,Mous DECISION OF JUDGES WALLACE BENZ
DICT AND BROWN.
,uar.s Wallace Benedict and Brown. forming
the court in banc TO hear appeals from tnc aodaraa
payt of the limited States Circuit Court rehuoieu
dee son Yesterday denying tho MOTION ioI &c sna
s,Soi Tor James d. Fish, the former president OF .ne
Marine National Bank VINO was Se defendant was
taken to the courtroom 70 near snH Tiarte
lie sat near his counsel Mess5s. staniaoy ss;stant
n anu ittomev Foster represented the Govern.
ment Judge Wallace announced tnat ,he G fnSas
denied the motion for new tria IL .n nnSion ON
nh" The opinion of the Court was written by Judge
Renedict He reviews the facts brought OUT Oh VIC
trial of the case He alludes to the arguments
nrged against allowing the verdict 10 sland a. ~
each class of offences mentioned IN tne
had argued that the transactions VIII VIII. thn az
Ward were in the nature of loans ana 'hat tne uo
fendant as president of the bank nag liep. dict
his discretion in making loans. Judge Deneoi0'
says: -. .,,.
Go far os the ouestion Of guilt innocence under TINS
10 had faith for the purpose Of defrauding the
bank and an application of money with hke oasx Of
s0 snnS SS s h se president Of
purpose of derauding the bank is no loan IN the
Of the law. 1t is simply irauu' -,
The ouestion, in the Judges opinion, was whetner
there was an agreement in good talbn pet"oon 'iio
accused man and Ward 10 e end adoS o by the
.nnusaJ man TO cover up a different transaction
This question had been submitted to the Jury Ior
discrimination The other points oSe prad
The decision of the three Judges Is nna as Sior1
is an appeal to the United stats supreme 70
agree. Mr.. Fish will be taken to court ,hls nioi"
ing for sentence. . IN, - 5on;oa
the motions for new trials in the cases OF r. "A.
Rovd and bis son, convicted of fraudulently I'm,
porting glass without the payment OF dut1es, anu
of William Rauscher, the mate OF inc Noi'noin
,oit convicted of lll-treatlng u sailor.
MIR Fish returned to the Ludlow Street Jail Win
n vigorous and determined step, nodded TO some Oh
Ats inmates passed word with others ana then
went to his cell. He had been unusually buoyant
in the morning talked freely. chatted In the YARD
and seemed hopeful The only markea ,y set and nd
his specch was short and incislvc. AS soon as ne
reached his cell he removed his coat, threw MN
self his cot and apparently went ono no nr Two of
the prisoners whom he met, ana 10 Wnoin nc frau
been wont 9 qhs is IN NO eno more han
I, h had b @ad0 evident for some days
that Mr.. Fish had made up his mind lor any
One of his first visitors after his return was his
daughter She would easily have given way 10
emotion had It not Seeq iGP sfS two also
him and three children remained until supper
Alter supper Mr.. Fish betook himself to the yard,
and remained in conversation with various persons
until dusk. he talked good deal with MI boyd'
Despite esi his brave bearing, however, It
was generally Noticed that the refusal
of new trial had deeply. affected him.
few weeks ago he began to study Spanish, pro-
curing dictionary and grammar HIS two sons
own Valuable mining property in Mexico and he
and thew own exclusively patent car system by
means of which mining products can be taken from
the mines aud distributed at points convenient Tor
TRANSFORMATION He told acquaintance at the
jail not long ago that if he got new trial ne No eT
~ He e,,,died Spanish diligently. 1t was gener-
ali ov Known at the jail that Mr. Fsh's friends who
were working for him outside were confident Of a
nire that in that case he would spend his whole
fortune if necessary. to secure Fishs acquittal.
The friend is reputed to be worth at least
81 900 900.