The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-06-16
Guilty Of ENLIGHTENMENT of Funds
From the DOnOhOe- Kelly Bank.
END FOR THE PRESENT OF A MOST
REMARKABLE TRIAL
The Sealing Bark Sea Ranger Wrecked
on Hidden Ledge or the Coast OF
Alaska-The Crew Barely Escape
From the Sinking Vessel in Time to
Save Their Lives.
Special to the REcoRD-UN1oN.

Special to the RECoRD-UNIoN.
SAN FRANCISCO, June I5.-Judge Sea-
wells courtroom was crowded again
this morning, when the consideration of
the charge of embezzlement against j. w.
Flood was resumed.
The trial practically ended yesterday
afternoon, and this morning the Judge
delivered his charge to the jury. After
reviewing the accusation made against
the defendant, the Judge proceeded to de-
line the law governing the case. He in
structed the jurors, that, in order to find
the defendant guilty they must be salts
he'd beyond reasonable doubt that the
crime charged to have been committed on
April 1, 1898, was actually committed
by the defendant.
1t would not be sufficient to find that
there was a shortage in the funds of the
Donohue-kelly Banking Company. 1t
was necessary to determine that Sl64. 900,
or some part thereof, belonging to the
banking company, had been appropriated
by the defendant on or before April 4th.
The fact that there was shortage in
the banking company's funds would not
warrant the conviction of the defendant.
The jury must be satisfied that the de-
fendant, and no other person, had taken
Sl64,C or some portion of that sum,
within three years prior to April t. 1893,
before they could bring in a verdict Of
guilty.
Every clerk, agent or servant of
corporation" said the Judge, "who ap-
propriates any money intrusted to his
charge, is guilty of embezzlement."
The jury at 1915 o'clock retired to de-
liberate. This afternoon the jury brought
i'll verdict of guilty.
The jury recommended the prisoner to
the mercy of the court.
The verdict was unexpected by ali
those who had awaited it. The demeanor
OF the jurors at the close of Judge Sea
wells charge, the long delay and rumors
which from time to time crept out OF the
jury-room, all seemed to point to dis
agreement. Flood evidently expected a
mis-trial. Some of his friends even
hoped for acquittal, and the prosecution
felt dubious as to the result.
y crowd hung about the court all
day, whispering, specializing and gazing
with curiosity at the defendant, who bore
himself well and seemed little affected bv
the strain. There were half dozen false
alarms about the Jury, which brought
the attorneys and hangers-on into court
on the run, with their nerves on edge.
but it was $40 P. NJ. before the iurv re-
ported.
Judge Seawell accepted the verdict and
discharged the jury. He fixed the 23d
instant for passing sentence.
Flood was evidently taken aback. He
sat for while with his head bowed and
his hands nervously playing with the rail
OF his chair. Almost Immediately, how
ever, he recovered, and taking a fresh
cigar from his pocket lit 1t and smoked
calmly. He shook hands with his friends
and remarked that he was glad it was
over.
Then he surrendered himself to the
custody of the Sheriff. This has ended
for the present at least one of the most
remarkable trials in the history of Califor-
MIA. Floods lips have been sealed
throughout, and, although the trial is
over, the people are just as wise as before
as to where the money went to.
Tomorrow morning Attorney Chap
man will move the court to have Flood
released on bonds, pending a motion for
a new trial