The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-05-21
SENTENCE PASSED
aMEx.A1DERMAN JAEHNE,
With Communication for Good Conduct he
WIN have to Serve over siz1YsATs ImpriS.
onmsnt-Jadgs BArrstrs Remarks.
Motion for stay of keen ion.

NEW YORK, may 2U.-Ihe Court oil oyer
and Terminer was filed this morning with
spectators anxious to hear Judge Barrett
pronounce sentence upon Alderman
Henry W, Jaehns, who was convicted OF
bribery in connection with the Broadway
Railroad franchise, Jaehne was in at
tendance guarded by q deputy sheriff
His face was pale and his eyes hSda weary
look, After the Judge had taken his seat
the District Attorney moved for sentence
to be passed on the prisoner, General
Pryor, OF Jaehns's counsel, then made q
motion for an arrest OF judgment upon
the following grounds;
Eirst-That the indictment was Insult.
Clent In substance.
SeCond-That the count In the indict.
ment upon which the verdict was re.
turned was insufficient to sustain the yer.
dict,
Third-That because in law there can
be no Judgment upon the indictment and
verdict,
Council moved for a new trial upon two
gronndSi first, misdirPCtion Of the Jury In
matters OF law, and second, because the
verdict was contrary 10 law and against
the evidence, The motions were both de-
MED by Judge Barrett The counsel then
took exception to the denial Of each mo-
tion.
Jaehne then stood up for sentence, and
in reply to the usual questions OF the clerk
gave his age as So years and his residence
as 4S Vandam street. He said also that
he had learned the jewelry trade. He
was asked what he had to say why judg.
ment should not be pronounced against
him according to law. He made no reply,
but kept his eyes fixed upon the rail in
front OF him,
JUDGE BARRETT's REMARKS.
Judge Barrett then sentenced the pri.
soner nine years and ten months in States
prison, He said the prisoner had been
convicted after fair trial that he had
had every advantage that u defendant
could have, and able counsel. He had
the servicts OF two OF the most eminent
members OF the bar, one a veteran OF the
criminal bar, noted for his p)wer and
force, and another gentleman Of equal
ability, whose services werd ever ready at
the command Of the poor, unfortunate
and oppressed. The case was sad one.
1t was Initiating spectacle that a man
who was selected TO public office In this
city should haYe 80 heinously betrayed his
trust az the prisoner had. 1t was humll
iating to the people Of the city, State aud
country that such spectacle should be
presented 10 free government IA a per.
son betraying bis trust as the prisoner had
done. II was sad 10 SEE q man with the
prisoners advantage In the position in
which he nowwas. II could not be un.
moved vt the spectacle Of your weeping
vile and broken,haarted mother, but the
saddest thing about your case is the doubt
which pervaded many good and honest
minds OF your conviction. There was not
doubt In 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
oil your guilt, but there was q doubt Cou.
corning the chances Of ConviCting you.
The first doubt seems TO have arisen from
lack OF faith In the efficacy Of our Jury
system, the zeal OF our public prosecutor
and the efficiency oil our police. These
doubts llbsdispslled your conviction.
AN IMPORTANT LESSON.
"It teaches an important lesson. The
majority Of our people in public life have
not their price. Let me sgaln say ct this
point that your ohsnca was not technical
bribery, but stupendous bribery for the
iurtherance Of q stupeRdous transaction.
Have the people of this city ceased to re.
member the fate Of Tweed, OF Genet, OF
Crowly, OF Fish, and Of Ward. The peo.
pie are not all honey. .C6mbed with cor.
Eruption. According to the testimony in
your case the two only honest men In the
Board were sneered at by you aS dudes.
Our worthy SberiG--Grant-reiused the
proGsred bribe, and 1t 10 entirely imma.
terial, as was suggested, whether they ex.
peCted the reward-Grant to run for
Mayor and 0'Conner for Governor"
In conclusion Judge Barrett said: "Tt
only remains for me TO pass sentence. In
your case the maximum penalty OF the
law will not be imposed. Under recent
statute, wherever the maximum penalty Is
abridged the prisoner has tho RdYantage-
that In addition TO his Communication for
good behavior, he leaves the State prison
between the months Of March and May.
Appeals have been made to me to be mer.
cif1l In your case. am not unmlndiul Of
the suiEerings Of your family. No undue
severity will be exercised toward you.
have therefore instructed the Sheriff not
to remove you Immediately 10 the State
prison. You will be conveyed To the city
prison, where you will have an opportun.
ity 10 consult with your cpunsel In regard
to the pending appeal In your case.p
STAY or PROCEEDINGS GRANTED.
Lawyer Newcombe, on aaidaylts made
by himself and Jaehne, concerning the le.
gal points raised during the trial and the
exceptions taken, secured from Judge
Daniels q temporary stay OF proceedings
aud an order TO show cause why the stay
should not be made permanent pending
appeal. Argument will be heard at three
| O'CLOCK this afternoon. Copies OF the OF.
der were served on Sheriff Graut, Dis.
trict Attorney MARITIME and Warden Flinn,
OF the Tombs.
Jaehns is in the custody Of the Warden,
who assigned him 10 cell No. II on the
third tier. According 10 the remission
made for good CONDUCT he will actually
nave 70 serve SIX years, lour months anu
eleven days.
| The applicationfor q stay Of exeCutionoi
the Judgement In the JAehns bribery
case was argued before Judge Daniels III
the Supreme Court this afternoon. Gen.
eral Pryor argued for the stay and AS
bistant District Attorney HIOol opposed Il
Tor the people. Judge Daniels denied the
motion and Jashne will be taken 10 Sing
Sing Ia the morning.
THE CHICAGO Hlor.
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