Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-02-04
THREE YEARS FOR SCHROEDER.
Some of the Jurors Write to the Judge In
His Behalf.

Some of the Jurors Write to the Judge in
His Behalf.
This morning Messrs. Robert Christy, W. P.
Williamson and d. W. Classic. counsel for
George G. Schroeder. convicted in the Grim
inal Court last month for false pretenses,
made motion of rehearing of
the motion for new trial on the ground of
newly discovered evidence. Counsel for the
defendant submitted affidavits tending to
show that note for 800. which it was
alleged was n part of the transaction,
the defendant had given to the prose-
cutting witness in the ordinary course of bust
ness and had been discounted by the prosecut-
ing witness, and that a number of the jury at
least had based their verdict on the belief that
the said note had been part of the money re-
ceived through defendants alleged false pre-
lenses.
Under date of January 10 Messrs. F. H. OPP
penheimer, j. j. Appich, James A. Monkey
and August Gross, of the jury which convicted
the defendant, wrote Judge McComas
that after more mature consd-
Grafton of the matters and things brought 10
their attention at the trial they had been forced
to the conclusion that they did Schroeder
stood the case when the verdict was
rendered or as well as they did later from
a reconsideration of the evidence they
would have voted not guilty. The four Jurors
explained that they addressed the court to
enable 1t to correct the wrong which they I'M
consciously did the defendant before it was too
late. This letter was made a part of the
papers submitted in support of the rehearing
and the granting of the trial.
Col. Christy contended that if the negotia-
ton OF the note was as alleged by the defend
ant the guilty knowledge requisite to complete
the crime was lacking.
Judge McComas denied the motion, stating
I n IA hat Sl,a hi
matter had been gone into during the trial, and
the materially of the alleged new evidence would
be doubtful in the event of new trial The
trial had been unusually protracted and
every point both during and following the trial
most patiently heard and carefully consid-
cred, and III the opinion of the court
nothing had shown to justify reversal
OF the verdict. After Schroeder had de-
clared his entire innocence in the matter,
and counsel for the convicted man had sub
mitted a letter from the jury asking the elem
ency of the court. Judge McComas sentenced
the prisoner to three years in the
Albany peuitentiary, remarking that while
it was very hard that in such cases the wrong
doing of the offenders worked most painfully
against innocent ones. still the community
must be protected; and he was convinced that
in the present instance a severe penalty should
be inflicted.
The wife of the prisoner, a re.ine6-looking
young woman. was In court, and when sentence
waspronounced was led Fl ora the room in faint
ing condition. The severity of the sentence was
evidently great surprise to Schroeder and when
bis counsel. to console and encourage him. re-
marked that for the purposes Of pardon
severe sentence was best, he replied with
deep sigh, "Not if you have to serve it,
Sixty days were granted in which to
prepare bill of exceptions. and sentence YVES
suspended pending an appeal to the Court in
General Term. 1t IS understood that an ap-
peal to executive cemency will also be made.