New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-29
GOULDAND SAGE TO 60 FREE
TIE GRAND JURY FAIL TO INDlCr THEM.


roc MANY YEARS HAVE BLAPsED SINCE The Or
PENCE WAS SAID TO HAVE BEEN coMAiiiID
Il Is understood on excellent authority 'n"' '"0
Grand Jury decided yesterday oy vo'e VI ois"''
70 i've TO find no indictment against Jay 'ond ana
Pm, sell SAGE This was duo to the Interpretation
Al the Penal Code formally made to the Grand jury
nv Indigo Cowius The merits Of the case and the
ou.s.,ou nj the guilt or innocence OF Mr. Gou!d ana
Mr. sage were not considered simply the point
vhether or not prosecution was debarred oy the
lapse of years
IN. iury had sent a written question to Judge
Coving on Monday in which they asked:
Please explain the Grams Jury the statute otmauons
q. .nplynr to the Code section 64 Does the statute
:, ms,ious bsxin ru relation 10 Withholding from
the sre On committed OF from tho TIME
st t,- d soovery OF the facts in the casef
Foreman G. q. Haven and the other Trand
Jnrors entered the courtroom soon aitef judge
lowing took seat on the bench MI Haven
asked Tor Instructions as to the statute Oh iiih'a
tions. Judge Cowing SAID
You submitted the question In writing to me yeser
Ssy and NV reply you in the iaterva have care
fuy examined II and have come TO donnie conclusion
Will reference section 5ii o. the Pens Cie crime CON-
nted IN violation that section undoubtedly felony
ana the staut. OF citations OF five wears applies
As 10 whether statute OF hEtatlons has run
Agans offence Will read tho statute before making
sby iurher upon IT. The Judge then READ 'he
section. perfectly plain that the statute docs pro-
,cre hNe wears as The tino winch ndct nent can
be found pcoai ststuto Of this kind mnst se hDeray
construed In favor OF the defendant snd Srlc'v coz
suued as against him. That woul bS the rule OF oonsruc
lion and apply TINS statute were snoguous' ou"
s read H. fl ssens perfectly PLAIN Whenever there
1. fraudulent and eonoGs misappropuaen In my )"ux-
meat the statute onitatons co nnenecs to run from at
day you wond nited TO indici any person
usr OF the law. woald have to appear taa'
the alleged misapprOpriat hal taken place "thn nVe
years exception 10 that rule ii the person
who co an tel the oIence withou, the Jurisdiction Of
does not begin to run unh no reaches lh'
jurisdiction OF the court
THE MEANING OF TIE TERM WITHHOLDING.
Foreman Haven sad that one of the Grand
Jurors wished for further infDrmltion as to the
meaning of the word withholding" III the
section of the Penal Code under which the COM
plant Is made. The section makes the secreting,
Withholding or aOproprIatIng trust funds felony
punishable by Imprisonment IDr several years auu
Q Iine winch III gnt equal the amount APPROPRIATED
Judge CowIng SAD :
Withholding implied when act IS done indicating an
intention to Eisappropr;ale
Judge Cowing said that he could not advise the
jury as 10 any particular state of facts, but could
only declare the general principles or law Inc
Jury then Teured. lie general opinion OF thooe
who heard the judges cha. &c ana VINO were
familiar with the faces III the G0uld-Sage case Was
that ~ indie would probably be iound. ne
jury viii plooably maze It's report to-day ana 'hen
be discharged.
NIX. SAGE NOT AT ALL SURPRISED
Russell sage took the reported news or the
inrys decision as calmly as he would rake IN
S1OO 600 trom a favorable Turn III tho MARKET
He said:
am not At an surprised Indeed other result was 10
have been expected understood that tho vote was Is TO D.
The decision came measure. understand IRON Juuse
Cowugs views eatly proper that any cohPi'
Gated Legal phase should be presented 10 h
Yet the matter wnolo pcrects clear had no more
RESPONSIBILITY IN TIE chan s1ou nave mad bought
hun.rei shares Tue strange thing about this 10
tha raised that certain bondholders were
Injured when myse ese Of the heaviest holders
OF The Donis AMI continue 40 to-day
MI sage expressed his entire satisfaction with
the way COOnel Fellows had handed the case
throughout saying:
He certainly has most impartial manner through
ant amt considered with careful interest ior
TN rights o. all concerned
It's nov known that Jaw Gould reached GlOrai-
tar IN his Yacht last Thur day. From dlspat cnes
rece we'd bv hun before thai he had expected tnat
when he reached Gibraltar he wonld hear oil the
disposition OF the cas- by this Grand Jury, one way
OF the other. But he was DISAPPOINTED anu 80
day oy dag he has been wauns at that p"iht
10 receive tidlDgs of what was gong Oh
thousands of miles away In the brown buiolng
i'm the CIty Hall square, Mr. Gould dld MT WISH
70 sail for his next pOIGt for getting teIegTdphtto
news was Florida and ne could not get there III ess
than twelve DAYS. AS soon as the probable resuI9
of the Grand Jurys deliberations was, received
YESTERDAY message was sent to Mr. Gould.