New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-12
G SIMMONS FOUND GUILTY.
THE Jury WAS OUT THIRTY HOURS.
,,rru RAILoTs TAKEN-THE PRISONER
RECOMMENDED TO THE MERCY OF
THE COURT.

THE COURT
,r;.h q twitchng of the eyelids and sigh
=. half suppressed, James A. Simmons last
u1s .4S. lizard the foreman of the jury which had
.l'.d him pronounce him guilty of aiding in en-
Ns,;n, III the funds of the Sixth National Bank.
=. =. 49, wont out at ) o'clock Tuesday after
IN ond arrived at its verdict at Q 10 o'clock
Nv. w. ,;cbt Judge Benedict. of the United States
".~;t Court had gone TO his home in the Bristol,
r,..h-ovc and Forty-secOnd-st., leaving nstruc-
. that he be summoned if the jury came
Conclusion before L D. m. A telegram was
". +o the Judge at :2j o'clock, and he ar
80 in the Federal Building an hour and a
~, 1otor By II 10 o'clock the attorneys on
~ s;des had reached the courtroom, and Judge
n,.ad;ct took his seat on the bench. With the
.;.orsr sat Richard S Newcombe. Michael c.
r'rnhy and j. j. Joyce, his lawyers. and several
=. us friends Assistant United States District
.,,ornev John O. Mott and eX.Assistant United
60 District-AttOrney Abram j. Rose appeared
for the Government.
A. II 20 o'clock the jury fled in. Several
=, tbe men looked much the worse for their
,,rcnty-eight hours siege Mr. Thornton, Clerk
- tho Court called the roll of the jurors, and
then asked:
Gentlemen of the jury have you agreed on
verdict
The foreman, Herman F. Eppc, arose and said:
eWc have" lie drew from his pocket an en-
velope from which he took paper. This he
read as follows
Of the first count of the indictment. but innocent
- tho other four and recommend him to the
mercy of the court
Tho strain of the long trial and his vigil on
Ioo,, for y
yewcombe. and he had tainted away while mount
inc the stairs on his way TO the courtroom. AS
tho foreman read tie verdict, the lawyer lay back
N his chair his cyeds twitching 'convusivcly
and his face haccard and bloodlcSs. He brushed
his illness away. however at the jurors words,
and arising. asked that the jury be polled. Mr..
Thornton asked each man in turn il the verdict
read was the one agreed TO by him. Each man
said it was.
Mr.. Newcombe then said in a voice in which
here was no trace of weakness: "l will now
sk that the verdict may be set aside, upon inc
,round that il was procured by your Honor
improper and unjudical act to-day in directing
the jury that there was conclusive evidence eN-
istinr before your Honor that the crime had Deeh
committed"
To this Judge Benedict replied; Counsel must
bc aware that this is not the proper time 10 make
hat notion
Mr. Ncwcombe. however. insisted on making the
notion then. and il was denied. The lawyer theh
;ook the usual exceptions, saying that he would
lrgue them at some future time
The Jurors were then discharged and Simmons
was taken TO Ludlow Street jail \ MEMBER OIL
tho iprv said that a verdict was reached on the
thirteenth ballot. When the jurors returned on
Tuesday. eight were for conviction and four for
nrd1 a
had come over to the majority. Half an hour
after the Jury returned from the Astor House.
where they had dined, the twelfth mon gave III.
ard il was agreed To send for the Judge.
The first count of the indictment charged Sim
mons with aiding and abetting Peter } Ciaasscn IN
embezzng and misappr0priatlng securities OF the
Sixth National Bank worth S622,Ooo. These were
the stocks and bonds given by ClaasSen to george
H. Pell to sell The next three counts related 10
the three checks for 10000 each, drawn by thc
cashier of the Sixth National by or
der of Claassen and payable TO James
A. Simmons, Satterlcc a Co., and fell.
Wallack & Co. The collateral for these checks
was not furnished until several days after they
we're drawn. The last count charged Simmons
with being a party To the oVer-ccf'lhcauoh' 10
the extent of S20s,1OO Of the account OF tUe
Lepox Hill Bank with the Sixth National. The
checks sent 10 the Clearing HOUSE lhro"7"
the National Bank.
At noon Yesterday the jury sent cOmmunlca-
ton to Judge Benedict asking to be discharged
As il could arrive at no verdict. The judge
summoned the jury TO the courtroom ana asked
if there was any point Of law upon which any
Juror needed cnllghtenment lhere "dS 'lo
answer The Judge then SAID ,
This case is an important one ana mas laheh
I'D the time of this court for a long WhIlc: 90
not believe in discharging Il Jury wheh IL l9llS
10 a0ree except in Il case of necessity, ana
SEQ no necessity here. | cannot understand INC
failure to agree, if il arises from any dHcIchce
of OpiniOn based upon the lnSdlhciehcy Oh tHc
evidence in the WhencEer, IN the opinioh
of the Court the testimony Is CONVINCING, II Is
fhc duty of the Court to hold the jury together.
Therefore must decline 10 Grant yonr request
Richard :. NcwcOmbc counsel for the prisoner
took an exception 10 the JUDGES words.
" January, 1890, Simmons, Ga lSscn,
George H. PeI and others bought majority
of thc stock of the SNth National, Lemon llll
and EQUITABLE banks. They paid for the stock
by gaining possession of one bank and using its
president of the Sixth National, turned over 10
Pen securities of the bank worth SG22.OUo 10
be sold Simmons owned most OF the stocE ana
was the leading spirit in the enterprise. SUI, ms
counsel tried 10 make hIm OUT thc Nlc'lm ol
MISPLACED confidence in his associates.
Pcll was convicted in state court, and IS
now serving term at Sing sing. ClaasScn WIS
found guilty in the United states tlrcGll Oo1r',
but has NOT vet been sentenced. Application has
bocr ". S ,c o ~ the President for his pardon The
crime Of which Simmons was found guilty is pun
ishabc by Imprisonment for from i've to ten
years