The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1886-12-31

scash.r Naacve iipnn the nnT"srs |
NcOunsle's Crlsne. ump0ses sentence"
seven Years Isnprlsonment - nsra
IAhor and o5.ooo Fine
INV YoRK, Dec S0--lntercst in the fate
AZ the convicted boodler took large crowds
again to tho Court Of General Sessions
this morning. Az 1o:45 .. m. the court
was 30 crowded AZ 20 scarcely admit even
a standing spectator.
Before the proceedings began the ~
cordcr held long conversation with
Lawyer Newcomb
General Tracy, for the defcnse, asked Tor
q reading Of the minutes OF the last sea-
sion, id they were read.
General Tracy then moved Tor new
trial and stated, In order, many reasons
for the motion. Among them the most
prominent were that the verdict was con.
trary 70 law and against the evidence tna'
the court made misstatements OF law that
the court committed error in admitting
Jurors not qualified for duty. etc
District-Attorney MARITIME then rose and
read an affidavit made that morning by
Mr.. Roscnburg and nine other jurors
swearing that when they rendered the
verdict, which they honestly believed 70 %
lust, they had no knowledge or intimation
whatever that the daily papers or any one
accused the Jurors Of being manipulated,
and though Nesbit and Vickcrman came IN
court they had no idea Of the reason tnat
brought them there. Juror Musgravc said
he had read paragraph In a paper 70 the
effect that Rosenberg had been bought,
but that when Nesbit and Vickerman ap
reared in court Rosenberg said 70 him
athere are two men ! discharged for
drunkenness,n but that neither he nor
Rosenberg imagined why they were In
court.
General Tracy replied that he had hoped
"a hear nm affidavit from the district attor-
new as 10 why he had not produced the ac-
cusers Of the jurors during the recess ano
not while the trial was proceeding
AFTER denying the motion 70 set aside
the verdict and grant a new trial
Recorder Smythe ordered McQuade TO be
called for sentence. The prisoner then
stood up, and General Tracy, OF his coun-
sel. said: ssThe defendant has nothing to
say, except that he bows 70 the verdict OF
the Jury, and further to call your honor's
attention to the fact that many o. MS
neirhbors are here ready and anxious 70
| bear testimony 70 his previous good CHAR
| acter."
The Recorder then passed sentence as
| follows:
| s.Mcouadc, after fair and impartial trial ~
| . Jury Of unusual intelligence ana strict m
| tegrity, 90 far as l have been able 70 ascertain
YOU have been convicted. and properly conv'o'ed
| Of the crime charged in the indictment Nov
| 70 man OF your intelligence. and = man oc
| cupying the position which you did y
| this community, IL Is unnecessary x
repeat what you heard me prooaol,
say 70 the jury-shat was
grave crime. one Of the eravest crimes wncL
could possibly BE- committed by aperson &C
cupying the high position tnat you u'o - sns
time the crime was committed You occupied
4 public position. You were intrustcd BY tn
people OF large district 70 look after their IN
terests. ana 10 look generally after the pupli'
interests. and.instead OF doing so, you violated
the oath which you took when you entered upo'
the discharge OF the duties OF that once an
you committed the crime Of bribery pupii
ofncer. intrusted with public trust who sio
lates the law in respect 70 his duties, should
aad must be punished more severely than
private individual Is punished who commits
crime. and the sentence am about 70 pas
noon Won must necessarily be more severe tina
II would be upon private person, Tor the rea
sons which have just named
l sincerely sympathize with your family
They will suffer probably more man you -
. the consequences Of your crime: but 70
should have thought Of that. You shout
have regarded their position and N
consequences which would naturally folio
from any wrongd0ing on your part 80 mr ?
. they were concerned And while have ever
J sympathy for them and every respect for then
still must not, sitting here as judge perm
, ! my sentiments 10 get the better OF my ludl
. | mens and OF my sense Of duty 70 the position
occupy.
There il evidence before me, ard II was COZ
| ccded upon the trial Of this case by the al
trict-atforncy, that up to the time that 70
transrressed the Law upon this occasion yot
character stood high in the community
| which you lived, as q business man. A. citize
I and as . father and husband Evidence
that character Is entitled 70 great weight, 81
always receives az the hands Of the court y
weight that II Is justly and properly entitled
Your case differs from the case Of Jaehre
that respect. He was man OF bad charactt
! YOU presented evidence here OF good characts
: and The statute giving 70 . Judge large discr
tion in that respect intended that that usc'
ton should be exercised in just such case
this Is.
Another fact IN your favor Is the fact IN
YOU did not take the witness stand % Jaeh
> aid. and add 20 the crime w.iich you had
" ready committed the crime Of wiiful and @
; rnpt perjury.
1 Intend 10 give you the benefit as far as 4 @
do II. Of those two facts IN passing the senten
NJ WuiCu i Am auout W VIulouANt.
The money which you received, and there
7 evidence upon which have the right 70 I'M
= that Won received as much. at least, as Du
did. He testified - the fact that ne recciv
!, s1o.O0O IN different instances. Fullgran testif
: TO the fact that he received $1,000 ana there
evidence, In the absence OF any pr
I 70 the contrary from which I have
n right 70 Justly and properly infer, that
received m amount II least equal 70
| amount that Duffy received That money
not yours. II II not yours ~ " moi
: corruptly and improperly obtained BY you.
Is money that you have no right either
n morals or law, 70 give your children even
4 apparent benent OF. and no conscientious y
would transmit 70 his children money wh
, must ultimately result instead OF blessing
n being curse upon you.
You have lived IN this city and lived <
. enough 70 see that other men who have a.
!. similar acts 70 the one OF which you have D
convicted transmitted their money imprope
y obtained 70 their children, and you kr
what the result has been. The 10
> riable result was q curse instead o.
n pleasing. and therefore, IN compelling yos
nay back q far - can BY the imposition
n fine, portion - least Of that money,
n that am not doing any injustice 70 either y
a wife or your children.
The sentence OF the court Is that you be
prisoned In State prison 1T hard labor Tor %
& years, and that you pay nnc Of 5000.
- McQuade bore the ordeal with the g