Evening journal., 1893-04-18
SEVEN YEARS FOR SMITH
The Embezzler Fined $40, 900
in Addition to Imprisonment.
SILENCE REIaNs DURING SENTENCE

National Bank Has Sentence Passed on
Him In the United States Court at Noon
To-day-The Coleman Case Exciting
Considerable Interest.
William T. Brennan was on the stand
for the government yesterday afternoon
when the United States Court went into
session, on the case Of Henry Coleman.
Mr.. Brennan stated that Coleman was
registered as a qualified voter on October
90, 1892 He read from a book showing
that Coleman regis tered on tax receipt
No 81, ,S72 This book was offered In
evidence, but Mr.. Biggs objected. The
objection was not sustained. Clerk OF
the Peace W. p Bggs was the next
witness He testified TO the original
assessment book Of the Second ward
showing that Coleman was on for 1899
and 1890 and not on for 1891 and 1892
A delinquent's name would not appear
on the certified book. The delinquent Is
designated on the assessment list by two
red marks. The book was handed tC
Judge Wales who said after an examina
tion it looked as If erasures had been
made before the name Of Henry Coleman
A magnifying glass was brought and the
page was examined by the Judge and at
torneys. The book was offered il
evidence and allowed to so in.
The witness was cross examined b,
Mr. Bggs the attorney. He said h,
went into the Office In June, 1890, and
therefore, had nothing to do with max
ing the records of 1889. A general as
sessment is made every four years. On,
was made in 1899 Colemans name wa
on the general assessment of that yea
and was. therefore, assessed for 1889
1892. 1891 and 1892.
When the Levy Court revises the list
IL examines the delinquent lists reportsC
by the collectors and certifes TO IL.
is handed TO the clerk of the peace AM
the delinquent names on the assessmen
list are designated with two red in
marks. He said the Levy Court recor
is the only evidence whether or not
man is a delinquent. Mistakes might b
made in marking the assessment list.
Attorney Biggs addressed the court, sa,
ing 1--WE request your honor TO instruc
the Jury to return a verdict Of not guilt
in this case. The first ground is this
nobody has been identified by the nan
Of Henry Coleman. Whom would III
judges sentence in case Of convictionq"
"Whom do you representa- asked th
judge.
Il represent the man supposed to /
: Henry Coleman
Judge Wales said he would try TO sci
tence the right man
He held IL incumbent on the prosec
J tion TO Identify the prisoner as Hen
; Coleman
The court adjourned until 10 o'clo,
, this morning.
In the court room this morning wa
strewn a cart load of various law bool
and assessment lists. They were us,
} principally as evidence by the prosecl
tion and at other times by the defendaI
counsels
p. 4. E. smith Comes Into the Cou
Room.
The court opened at 1910 o'clocl
Before Judge Wales took his seat on q
bench Levi C. Bird. Esq. counsel for
4 Il Smith, the alleged embezzler, wi
, altered the books of the First Nation
Bank of this city, and viii,
showed, when examined,
. falcation of sos, 500 took seat befoi
the lawyers tables and Mr.. Smith 81
beside him. District Attorney Watsl
went over to where they sat and sho,
e hands with both the counsel and pri
oner.
Ex. Teller Smith wore black coat al
waistcoat. and light trousers. A lig
Q felt hat, which he carried in his hand
. | relieved him of no little nervousness
he toyed with IL while waiting for q
q Judge. As the time for the Justice
e appear had not arrived. the two m
e stepped into the Office of Marsh
Mahaffy
y Coleman Case Temporarily suspends
When the Judge seated himself on t
!, bench the case Of Henry Coleman, W
was indicted for fraudulently regist
ing on October %, 1892, was opened.
! Progress in the case was tempOrar
!. | suspended by consent of counsel
either side, when Mr. Bird and his ellie
again entered the room. Upon bel
% seated, District Attorney Watson ar'
" and slowly said:
smith Enters Plea of Guilty"
"If your honor please, p 7. +. Smi
who is indicted on four charges of e
bezzlement, is here with his counsel o
ID wishes to plead guilty to one indictme
That is No. I. l shall enter a nolle p
IF in the other indictments.
TX Sentences Deferred.
L. Judge Wales-"I shall not pass {
10 sentence now He may return TO
marshals Office until 12. 3d."
a. Mr.. Smith accompanied Mars
ID Mahaffv to the latter's office. Then
case of Coleman was again taken up.
Courts Intention of AcquittaI for CO
man.
as Previous to the Smith case be
he taken up Judge Wales stated that in
p" cordance with the intention he expires
he yesterday he would instruct the jury
in acquit Henry Coleman of the cha
- against him. First, because
defendant had not been idei
d. fed, and second because
rt- man may have been assessed in 80
AZ other hundred outside Of Wilmingt
The last reason was that it could
be proved that this man did the act
knowingly aud willfully. Yet it
only necessary that the crime she
come under the statute as a crime.
pe feel quite satisfied that counsel for
defendant has advanced enough
ng acquittal
ne Opening OF the Defense.
Mr.. Biggs then addressed the jur
u behalf of Coleman, explaining the