New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-13
JAMES u. FISH IN JAIL.
HOW SEVERELY HE MAY BE pUNIsHED-FEEIiNG IN
TIE JUEY-ROOM.


THE JUEYROoM.
James D. Fish spent yesterday in Ludlow street
jail. hoping that he would be admitted TO Dali III
the morning He was confined III cell No II Oh uno
second tier like and among other prisoners. nc IT,
fused to see visitors during the day. Speaking Oh
his conviction United States Distrct-Attorney
Root said last evening:
The motion will come M tomorrow morning 10 aalu,,
Mr. Fish to bail. shall oppose IT, hut az course ca"
say what may he decided. HOra what amount tue pa
VIII be hNed u the motion IS gr1le ino ,pcW intend
new trial winch Mr; FlShs couhsel say MY H. and
to make will he heard by Judges Brown. wallace anu
will be. 1t illdcpcnd on the Judges convenience Inc
motion wi probably be based upon the various eMSP
rulings OF course IL may be granted hut dOh u t
1t Will be- for the rulings seem to NE to have breh lIi
it is easy to pick flaws. Mr. Fish has been found gu
on eleven counts but some OF these counts are %
tons OF the same offence under different forms Ino
statutes make 10 misdemcanor to make IalSe elIo9
deceive inc bank as,oc"t,on n, gnu deccive the
bank directors. single false entry Glpears lnere
fore in instances in two distinct counts Oh colso
Mr. Fish could be punished only once for such an act
This reduces the number of counts on which ne can ~
sentenced 10 nine The statutory penalty IN each ease Is
NOT les. than five nor more than ten Years mprison
ment Our courts here hold that In such case chhu
latve sentence may be given and the criminal may oe
condemned a for each offence This. however. Is
never done can form no forecast OF what inc seh'c"
viii be.
Hugh Waldron. foreman of the jury that con-
victed Fish, said to a TRIBUNE reporter last even
ing:
can tell you we earned our pay during the trial, c'-
pccally yesterday. never worried 20 hard IN my ire
But | think We succeeded IN getting ialr veldlct
From the first all aZrceI that a crime l"i
been committed but or Us NoI'
not quite clear upon the question "t
intent. went 10 the nudge again and he gave Us
additional instruction on That point. Then when we Dc
10 deliberate found that had coniounded the
several counts. There twenty three OF thcm ana
i dinculty enough To remember the punher OF c'c
We found that while man was talkng ana thlnhh-
about hing another had different
thing in his mind. Well We decided that We could make
progress without having the indictment before rs -"
sent up TO the courtroom To get ". But the Jnd2e
not there and IN his absence none of the counsel
willing To- give copy. We had 10 walt uuii me
judge back. In tho meantime we
occupied ourselves In passing upon some
Of the counts which al remembered
perfectly. when got the indictment we went 10 work
systematically and passed upon each count There Maf
very little difference OF opinion one man seemed 10
cued Ia he lenient % Mr. Fish, hu y dut ~ argument
we CONVINCED him. and reached unanimous
verdict. We found Mr.. Fish guilty ON
the most important counts. In reference To ihr
others diiercuce ~ Opiuiou hut agreed
10 lot them pass. II the IHil,im.u Mt had been nmP'd
into single chArge might have found the prisoner
guilty on the whole There were some jurors vhl
easily since any az the charges on which we hid
found him guilty was sufficient 10 send him 10 PRISON
for i've years Whom | cam" To announce the
verdict hardly knew what wa laying. didn't dtr"
to look thprsOncr for n seemed sad tat manor ms
should have been dragged luw by mere desire
for dollars. | think VIC have given verdict ID II VII
satisfy the people whom represented. II f. hr hrs
bank president that has been convicted. and 20 VIII show
that such men are sucnHhlc to the law az vel 40 Tie