The sun., 1891-03-12
JAMESA.SIMMONS CONVICTED
1OUzD GUILTY OF EMBHABLIN0 e6sS.-
900 SrxTM NATIONAL BAMK BONDA


RecomneaaeA 60 Mercy-Lawyer New.
eombe Asks 60 Have the Verdict Set
Aside On the Ground or Judge Benodiet's
Inproper Instructions to the Jury-A
Remarkable scene In the Court Room.
James A. Simmons. who has been on trial
before Judge Benedict and q jury in the
United States circuit Court for three weeks.
charged with embezzlement and misappropri-
alton Of S622000 Of the funds OF the Sixth Ma
tlonal Bank among other things. was found
guilty last night ON the hrst count OF the In
dictment.
On the second. third. and fourth counts. each
Of which accuse him Of embezzlinR $4,000 In
checks on the Sixth Nstionel Bank. and on the
nth and last count, accusing Simmons OF
overcsrti6ostion Of checks on the bank
amounting to S207.S00 and sending them to
the Clearing House. the jury found Simmons
not guilty. Simmons was recommended to
tho mercy Of tho Court
1t was p. NJ. on Tuesday when the jury re-
tired to deliberate. and 1t was 0:20 P. II. yes
terday. more than twenty. eight hours after
they went out. whom Judge Benedict. who
lives at the Bristol. was sent for. He did not
arrive until about II p. NJ. and Lawyer Now
combs OF counsel for simmons and District At.
torney Rose came later.
30 great was Mr.. Neweombs's a&itation that
on arriving at the top Of the stairs on the
third floor near the court room door he faint
ed. He was soon restored By his associate.
Mr.. Murphy and entered the court room and
eat down In his accustomed seat, twitching IN
every limb and pale as sheet
Simmons sat near his lawyers. and on the
announcement Of the verdict By the foreman
seemed moro solicitous - to Mr.. Nswoomb.
the result Of the verdict.
At the moment the foreman read from . "a.
Dor. Guilty ON the first count" Simmons
reached out his right hand and put It on Mr..
Nswcombe's arm Is II to keep him In the chair.
Simmons showed emotion In no other way, OF.
cept by blinking his eyes and looking very
solemn.
Lawyer Newcombe was on his feet and lean
ing on tho back Of chair for support the In
stant the verdict Was announced to ask that
the jury be polled. and each Juror replied that
the verdict was his own. Then Mr.. Nswcombo
said to Judge Benedict:
II will now ask that the verdict be set aside
upon tho ground that II was procured BY your
Honor's improper and injudicial act to-day in
directing the Jury that there was conclusive
evidence existing before your Honor that .
crime had been committed"
Judge Benedict with very red faeeHCoun-
sci must be aware that this is not proper
time to move TO set aside the verdict.
Mr.. Newcombe-I am not aware. your Honor.
that 1t is an improper time to make the mo-
ton. on the ground that your Honor procured
the verdict by improper conduct.
Judge Benedict tseizinG his gavel and hold
ing 1t suspsnded,-If you have . motion to
make will hear IL and deny It Do you wish
to make Il now?
Mr.. Newcombe-I make It now Of necessity
n the ground stated.
Judge Benedict deny It
Lawyer Newcombe took An exception. and
Judge Benedict discharged tho jury with the
thanks OF the Court. It was nearly midnight
when the weary jurors descended the etairs.
Several Of the jurors said that there were
thirteen ballots taken before . verdict was
reached.
The first ballot on Tuesday resulted in eisht
for conviction on the first count and four for
acquittaL Subsequent ballots constantly re-
ducsd the number fRvorinR acQuittal until
eleven for conviction.
For five hours the single juror held out
while the others pleaded with aud stormed at
him. 1t was after p. NJ. when the Jury re-
turned to tho Federal building. after tho best
dinner Marshal Jacobus could buy for them at
the Astor House. The obstinate Juror hold
out less than an hour after dinner. The SOIL
tsry Juror was Number Three.
Simmons WAS taken to Ludlow street jail. A
close carriage was driven up to the southern
entrance OF tho Federal building and It re-
mained until the verdict was announced. and
was then driven away. 1t was said that Mrs.
Simmons WAS In the carriage.
The jury entered the court room at HAS A.
M. yesterday and said that they could not
agree. Judge Benedict refused to discharge
them.
Judge Benedict told the jurymsn that the
trial had occupied long time and was Of great
importance. Under such clrcumstano oes he felt
himself bound to hold the Jury. especially as
the testimony was convincing and the law
clear.
Mr.. Nswcombe. counsel for Simmons. i'm
mediately asked for an exception to Judge
Benedict's statement that the testimony was
convincing. It was granted. and the jury was
locked up again TO remain until they could
como to An agreement.
Lawyer Nswcombs. bsfors the trial began.
addressed written remonstrance to Judge
Benedict requesting that another Judge
should be procured to try Simmons.
MENewbombe's reason was that In charging
the jury In the Claasssn case Judge Benedict
had practically prejudiced the case OF Sim.
mons. by reference to him In the conduct of
the bank.
LAWYER Murphy. Mr.. Newcombs's associate.
handed up the rsmonstrancs. and Lawyer
Newcombs rather expected that Mr.. Murphy
would be arrested.
In the Tweed trial Elihu Root. David Dudley
Field. and other lawyers were arrested for con-
tempt Of court. and fined for presenting
similar rsmonstrance to Judge Noah Davis In
tho Court Of Oyer and Tsrminsr on the ground
that Judge Davis had expressed IN opinion OF
tho guilt OF Tweed.
judge Benedict however. took no such
course. and remarked that he would give
Simmons nothing moro nor less than Justice.
Mr. Newoombs had bail ready In the event of
Mr.. Murphy's arrest