The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-21
GIVEN THE FULL PENALTY
DREW SENTENCED TO FIVE YEARS
AT HARD LABOR.

[
sake Of white man to get hold OF $4,000,
which was sent here from the Third Ma
tional Bank of New York by check against
the Bank of New Hanover. N. c., Nov. IL,
1891, was convicted in three minutes by a
jury in the United States court yesterday.
Judge Speer gave the prisoner the maxi
mum sentence, five years in the Ohio peni-
! tertiary. George A. Mercer, Jr ESQ de-
tended Drew in a mastery manner, but the
evidence against his client was over
! whelming.
The jury which tried the case was As
follows:
J. 8. Collins, c. l. Jones.
J. w. Fretwell, George Cossns.
Frank Lowell, A B. Hull,
J. H. Richards, r. D. LaRoche,
| Ia. b. Glover. W. g. Srrobhar.
THE CASE SHORT ONE.
The taking of evidence did not occupy
much time. Cashier Henry Chaplin, Jr., of
the Third National OF New York
testified to having honored the
check; Cashier Rockwell Of the Mer-
chants National of this city identified
check on the Identification OF Messenger
Snelson OF the custom house; the
| letter carrier remembered having de-
llvered the letter to Drew; the
rightfuI Drew told how, after waiting
here several days for his money. he made
the inquiries which led to the discovery that
| a negro bad secured his money, and Detec-
tive Hsntey told of his hunting tho fugitive
down and capturing him near Wilmington.
| y. u, and the recovery of 81 900 which
Drew had given his father.
The testimony OF Snelsou was sensational
and brought out a peculiar state of affairs
| which may lead to further prosecution in
the matter with Snelson as defendant.
After he told his story of how Drew had
| taken him into his confidence about the
legacy of "a 900 which he had secured, Smell
son said he went willingly wi tn his friend to
the Merchants National Bank and identified
him.
TOOK FEE, PRESENT AND LOAN.
But you got something for 1t, - remarked
| District Attorney Erwin.
Snelson did not like to answer at first,
but on being pressed admitted that he mad
charged Drew $40 or SIP for the identifca-
ton. little further questioning brought
out the additional fact that Drew rad, after
securing the money made Snelson present
of $50 and that Snelson had borrowed 800,
for which he gave Drew a note The wit
ness admitted be had never paid the note.
After all the evidence was in Mr. Mercer
demurred to the indictment on the ground
of lack of jurisdiction. He claimed that
there was no error on the part of the
the cOlored Benjamin Drew, because they
had no way of distinguishing one from the
other by the address, nor did Drew violate
the postal laws in accepting the letter and
using the check.
| THOUGHT 1T A STATE OFBENsE,
After the letter was out of the hands of
the postal authorities. Mr.. Mercer o1n-
tended, any embezzlement which folio wed
OF the contents was state offense, so long
as Drew, ia receiving the letter, did not
| know IL was not for him The attorney
asked the judge to quash the indictments
aud refer the case to the state courts He
| read numerous United States authorities to
sustain his position, and made such a strong
argumentas to call forth compliment from
Judge Speer. who pronounced it q scholarly
effort.
District Attorney Erwin replied to the
demurrer that the violation of the postal
law was in the fact that after Drew opened
the letter and discovered that an error had
been made he had no right to make use of
its contents, but should have returned it to
the poStoffce.
Judge Speer took the same view as that
CT the district attorney and overruled the
| demurrer.
Mr.. MERGERS argument to the jury for
his client was on the same line with his po-
sltion in the motion for the quashing of the
indictment District Attorney Erwin made
no argument. telling the jury that he was
willing to submit the casa on the facts
brought out on the witness stand.
Judge Speers charge was brief, but to
| the point, and the jury only remained in
its room long enough for the foreman to
write its finding.
| VAIN APPEAL FOR MERCY
Mr.. Mercer appealed to Judge Speer to
take into consideration in passing sentence
that Drew had already been in jail nine
l he ITu hAA-
ment TO the attorney and then ordered the
prisoner to stand up. He spoke to him as
follows:
you have been indicted and fairly tried
Tor the otfense of embezzlement, a violation
OF the postal laws of the United States. OF
your guilt there can be no doubt and your
oleuse Is very serious one. You paid no
attention to the fact, which>you must have
known, that this check did not belong to
you. You knew very well q man in your
station 10 life ordinarily would not receive
$1,000. You knew OF no one who would
send you that amount, and when the car
rier made the mistake of giving Won the
letter containing the check you saw an OBJ
portunlty OF robbing an unsuspecting and
honest man, at the same time OF violating
the laws OF the country, which made you a
free man and citizen, and you immedi-
ateIy awaited yourself Of that opportunity.
NOT THE ONLY GUILTY PARTY.
ut may be true that you are not the only
one criInlnally connected with this trans
| action. The court is strongly inclined to
believe that you are not. But, neyerthe-
less, your guilt Is complete and aggravating,
and 1t Is just such transactions as this that
make it SO difficult for men of influence and
character TO aid men of your race just
such rascally transactions on the part of
young men like yourself who have received
a smattering of education and whose moral
nature has been in no sense improved by it
THE only benefit your education has
been to you, apparently. has been to en-
courage your sharpness toward a criminal
disposition. You have learned how to
write and you utilized your knowledge to
forge the name of Benjamin Drew on the
back of that check.
LUCKY TO GET OFF AS HE DID.
If the statute was two or three times as
severe in its punishment as il Is the court
would give you the full benefit OF it, As it
10, 1t VIII give you the maximum penalty
Of the law.
ut is adjudged by the court, that Won be
imprisoned at hard labor In the ohio state
penitenttary for the full term Of five years.
Drew never f1inched during the ordeal
and smiled as he heard his condemnation.
de is young man with an intelligent face