The morning call., 1893-10-14
ONLY FOUR YEARS.
Enoch Ct. Bidleman's
Light Sentence.
THE JUDGES KIND ADDRESS.
Attorney Longs Statements on Mo-
tion for a New Trial De-
scribed as Incorrect.

Superior Judge Wallace denied the mo-
| tion for new trial yesterday in the case
OF Enocb g. Bidleman. who in all prob
ability i'll pass the next few years of his
| life in the State prison at Folsom.
The Judge had taken such a long time
to consider the points presented by Attor-
ney j. 81. Long in his motion that the hope
ran high in the breasts of the defendant
and his attorneys that they would have
another chance to address jury. which
might on the next occasion take different
view of the case. However. Yesterday
morning all doubts and fears on his score
were set at rest by Judge Wallace, who
read his decision from typewriter copy,
which was afterward fled.
The principal points of the motion for q
new trial were these: First-That the
jury by Sigh tly altering the form of their
verdict at the suggestion of the court had
rendered special" and therefore mad
missible verdict. Second-That the court
had prejudced the minds of the jury by
putting the following question TO BidIe-
man. "If you did not embeZZle this money
why did you ruu away?" Third-That
certain questions inadmissibe in cross-ex-
animation were permitted to be put to the
defendant on the witness-stand d against the
The court decided against Mr.. Long on
all these points, but particular attention
was given TO the alleged question objected
to in the second count. Long had filed ali
affidavit in which he stated that he DIS
tincty remembered the question being
asked in the very terms mentioned. Judge
Wallace, however. stated IN his decision
that Longs affidavit in this respect was
untrue in point of fact, 'as no such ques-
tion was asked by the court nor by any
one else during the progress OF the trial"
The reporter had no such question In his
notes, and there was every reason TO be-
leve that his notes contained an exact re-
production of all that passed.
The fact was that Attorney Pillsbury.
special counsel for the prosecution, on
Bidleman's statement that he bad embeZ-
Zled DO money but could explain its dissp-
pearanee, asked him this question: Then
why did you take the steamer that morn
Ing for Mexico?" Again that question was
not objected to by the defendants counsel,
so that Longs assertion that an objection
and exception were noted 10 question OF
that description was wholly incorrect.
Judge Wallace then asked, Bidleman to
stand uD and state If he had anything to
say why sentence should not be passed
uUon him. Bidleman was silent, and the
Judge, in the most kindly. courteous tones
ever addressed 10 prisoner at the bar,
passed sentence.
MI BluiemaD, he Saiu, YOU nave
| been found guilty by jury iu this court
Of the embezzlement of S7l7 65. the moneys
belonging to your employer. ID. V. b.
Henarie. The Jury has recommended you
10 mercy, and that recommendation, |
may say. is in accordance with the incll.
nation of the court.
"It is always a disagreeable task TO
apportion the amount 0f punishment in
case of this kind. The conviction of en-
/ bezzlement of a sum Of S717 60 is about
/ equal TO conviction of grand larceny,
and the punishment may be any term
/ from one years up to ten years imprison-
menf. The taking into consideration IF
recommendation 10 mercy will OF course
materially affect the number of years
| allotted to you.
"Mr. Bidleman, you once stood high in
! this community. You had friends on all
| sides, and you had the respect and conf
| denee Of your employer, Mr.. Henarie, who
| had. And do not think you committed
any willful wrong. You took this money,
| intending, no doubt. 10 repay it. So many
get into trouble in this way. Perhaps if
you bad told the truth 10 Mr.. Henarle all
might have been well; but you chose to
pursue different course.
Now, as TO punishment. While / do
not wish to be severe upon you, yet the
law must be respected sufficiently to admit
of sentence being passed upon you that
will DE something better than a farce.
Now, a sentence of four years imprisOD-
ment will. no doubt, with a man like you,
only amount 10 three under the system Of
credits as praeticed in our State prisons.
You WILL of course, behave yourself in
prison, and thereby obtain the full advan-
tage of this diminution of your term. The
sentence of the court is that ynu be i'm
prisoned for term of ftAr years"
On the motion of Attorney Long stay
of execution was granted for one week.
Bidleman took his sentence very quietly,
ana said afterward that if he could not
get bail. pending another motion for a new
trial, be would go across the bay rather
than add to his term of Imprisonment by
wasting time in the County Jail.