The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-21
JAEHNE'S SENTENCE.
Judge Barrett Assesses His Punishment at
Nine Years and Ten Months imprisonment

NEW YORK, May 2O-The Court of Oyer and
Terminer was filled. this morning, with specta-
tors anxious to hear Judge Barrett pronounce
sentence upon Alderman Henry W. Jaehne who
was convicted of bribery in connection with the
Broadway railroad franchise. Jaehne was in
attendance. guarded by deputy sheriff His
face was pale, and his eyes had weary look
After the judge had taken his seat the district
attorney moved that sentence be passed on the
prisoner. General Pryor. of Jaehnes counsel,
made a motion for an arrest of judgment upon
the following grounds. first that the Indictment
was insufficient in substance; second, that the
count in the Indictment upon which the verdict
was returned is insufficient to sustain the YER
diet, and, third. that because, in law, there can
be no judgment upon the Indictment and YER
dict. Counsel moved for new trial upon two
grounds, first instruction of the jury in the
matters of law and because the verdict was con-
trary to law and against the evidence.
The motions were both denied by Judge Bar
rett. the counsel then took an exception to the
denial of each motion. Jaehne then
stood up for sentence, and, in reply
to the usual questions of the clerk, gave his age
as thirty-six years and his residence as 43 Van
dam street. He said. also, that he had learned
the jewelry trade. He was asked what he had
to say why judgment should not be pronounced
against him according to law. He made no re-
ply, but kept his eyes fixed upon the rail in
front of him Judge Barrett then sentenced the
prisoner to nine years and ten months in State
prison. He said the prisoner had been convicted
after fair trial. that he had had every advantage
that defendant could nave, and able counsel.
He had the services of two of the most eminent
members of the bar, one a veteran of the Grim
inal bar, noted for his power and force and an
other gentleman of equal ability. whose services
were ever ready at the command of the poor,
unfortunate and oppressed The case was a sad
one 1t was a Illuminating spectacle that man
who was selected to public Office in this city
should have so henously betrayed his trust as
the prisoner had. 1t was humilia.ing to the
people of the city, State and county that such
spectacle should be presented in free govern
ment as person betraylng his trust as the
prisoner had. It was sad to see man with the
prisoners advantages in the position in which
ha now is. II could not but be unfnoved at the
spectacle of your weeping wife and broken
hearted mother, but the saddest thing of all
about your case is the doubt which pervaded
many good and honest minds of your conviction.
There was not a doubt of your guilt. 1t was
universally conceded, when the evidence was in,
that the case against you was clear, convincing
and overwhelming. There was no doubt OF
your guilt, but there was doubt concerning the
chances of convicting you. The first doubt
seems to have arisen from lack of faith in the
efficiency of the jury system. the zeal of our
public prosecutor and the efficiency of our po-
lice. These doubts will be dispelled by your
conviction. 1t teaches an important les
public life have not their price.
Let me again say, at this point,
that your offense not technical brib
cry, but stupendous bribery for the further
~
people Of this city ceased to remember the fate
OF Tweed. of Genet of Crowley, of Fish, and of
Ward! The people are not all honeycombed
with corruption. According to the testimony in
your case. the two only honest men in the board
were sneered at by you as dudes. Our worthy
Observation-Disclosures the proffered brlbe, and
it is entirely immaterial. as was suggested,
whether they expected the reward-Grant to run
for Mayor and O'Connor for Governor"
In conclusion Judge Barrett said: "It only
remains for me TO now pass sentence. Ia yonr
case, the maximum penalty of the law will
not be imposed. Under recent statute. when
the maximum penalty is abridged. the prisoner
has this advantage--that in addition to his com
mutation for good behavior, he can leave the
State prison between the months of March and
May. Appeals have been made to me to be mer-
cifu in your case. l am not unmndful of the
sufferngs OF your family, and no undue severity
will be exercised toward you. l have therefore
instructed the sheriff not to remove you imme-
veyed to the city prison, where you will have an
opportunity to consult with your counsel in re-
gard to the pending appeal in your CASE
Lawyer Newcombe. on afidavits made by him
self and Jaehne. and containing the legal
points raised during the trial. and the exceptions
taken, secured from Judge Daniels temporary
stay of proceedings and an order to show cause
why the stay should not be made permanent
pending appeal. Copies of the order were served
on Sheriff Grant District Attorney MARITIME. and
Warden Fem, of the Tombs. Jaehne 10 in the
custody of the warden. who assigned him to cell
No. IL, on the third tier According to the re-
mission made for good conduct he will actually
have to serve six years, four months, and eleven
days.
The application for stay of execution
of Judgment was argued before Judge
Daniels. in the Supreme Court, this afternoon
General Pryor argued for the stay. and AS
sstant District Attorney Ncol opposed it for the
people. Judge Daniels denied the motion. and
Jaehne will 5e taken to Sing Sing in the morn
ing.
A Timely Removal
ST. LOUIS. May 20.-The inmates of the fe-
male hospital were thrown in to fusion, yester-