Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-05-21
JAEHNE SENTENCED
To Nine Years and Ten Months in
States Prison.
THE JUDGES REMARKS ON THE CASE.
A Stay of Proceedings Denied by Judge
DanielS---Jaehne Will Serve a
Little Over Six Years.


Oyer and Terminer this morning was filled
with spectators anxious to hear Judge
Barrett pronounce sentence upon Alder
man Henry W. Jaehne, who was convicted
of bribery in connection with the Broadway
railroad franchise. Jaehne was in attend
ance, guarded by a deputy sheriff. His
face was pale and his eyes had a weary
look.
After the Judge had taken his seat, the
District Attorney moved for sentence to be
passed on the prisoner. General Pryer, Of
Jaehne's counsel, made motion for an ar,
rest of judgment upon the following
grounds:
'First, That the indictment was insult.
cient in substance. Second, That the
counts ia the indictment upon which the
verdict was returned are insufficient to sus-
tain the verdict. Third, That because in
law there can be no judgment upon the
indictment and verdict"
Counsel moved for new trial upon two
grounds. First misdirection Of the ury
in matters of law, aud because the verdict
was contrary to law and against the evi.
dence. The motions were both denied Dy
Judge Barrett 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 SO years and bis residence
rs 43 Vaudam 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 &C.
cordipg to law. He made no reply but
kept his eyes fixed on the rail in front OF
him. Judge Barrett then sentenced the
prisoner nine years and ten months in State
prison.
JUDGE BARRETrs REMARKS.
He said the prisoner had been convicted
after fair trial That he had had every
advantage that defendant could have and
able counsel. He had the services OF two
Of the most eminent members of the bar,
one a veteran OF the criminal hsr noted for
his power and force aud another gentle
man 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 humiliating spectacle
that man who was selected to public
office in this city should have 80 heinously
betrayed his trust ss the prisoner had.
1t Was humiliatipg to the people, of the
city, State and country that such spects-
Gle should be presented in free govern
ment az a person betraying his trust as the
prisoner had. II was sad to see man with
the prisoners advantages in the position in
which he now was. II could not be un-
moved 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 hon.
eat minds OF your conviction. There was
not doubt in your guilt. 1t was univer.
sally conceded when the evidence was in,
that the case against you was clear, con
vlncing and overwhelming. There WAS no
doubt OF your guilt, but there was doubt
concerning the chances OF convictingyou."
STAY OF PROCEEDINGS.
Lawyer Newcomb, on attdsvits made by
himself and Jaehne containing legal polns
raised during the trial and the exceptions
taken, secured from Judge Daniels q tenn
porary gtay OF proceedings and an order to
show cause why the stay should not be
made permanent, pending appeal. Argu.
uent will be heard at clock this after
noon. Copies of the order were served on
Sheriff Grant. District Attorney MARITIME
and Warden Finn, OF the Tombs. Jaehne
is IN the custody of the Warden, who as
signed him to cell No. on the third
tler. According to the remission made
for good conduct be will actually have to
serve 6 years, months and II days.
The Stay of Proceedings Denied.
New YORK, May 20 The application
for stay of execution OF judgment on the
Jsehna bribery o2qe was argued before
Judge DanieIssin the Supreme Court this
afternoon. General Pt!oT argued for the
stay, and Assistant D's rict Attorney Nicol
appeared for the psop!e. Judge Daniels
denied he motion and Jaebne Will be taken
to Sing Sing in the morning.