The morning call., 1894-05-20
DECLARED GUILTY.
Three Emerald Snug
glers Convicted.
The Prisoners Recommended TO the
Mercy of the Court-Confined
in the Alameda Jail.

a sorrOwful little group OF prisoners
crossed the bay in the custody of Deputy
! United States Marshal yesterday. They
were Wichman, GreeEewald and Thomas,
the smugglers who had been convicted in
the United States District Court and who
were on their way 10 the Alameda County
jail, where they Will remain until they are
called to appear 10 court for sentence or
until their counsel induces the court TO
grant them a new trial.
While the dOwncast trio were crossing
the bay Harry Mensing, the mate of the
Emerald. who was accused with them and
had been acquitted. was celebrating his
release from custody on the water front.
When Judge Morrow, at 10 o'clock
Friday night, sent the jurors back to their
roOE for further delIberatiOD, they had
agreed upon the law but differed as to the
guilt of the accused. Ten members Of the
jury were in favor of eOnvicting all OF the
defendants, one was in favor of acquitting
all and one favored acQuitting Mensing,
against whom there was little evidence.
Five minutes after the Judge had left the
city on bis way home TO SauSalito the
jurors had agreed upon a verdict, but as
there was no one lawfully authorized to
receive IL they were compelled to spend
the remainder OF the night in their room.
The accused passed the night in the little
pen adjoining the Marshal's Office.
They we're literally supplied with cigars
and confidently looked forward not 10 a
verdict of not guilty, but TO the disagree
ment of the Jury. When court was opened
they entered with their attorneys and took
the seats they had OCCUPIED during .he
long trial. They and the few sympathizers
and spectators who entered with them
were convinced by one brief Look at the
jurors faces that nothing was TO be hoped
for from Them.
1--WE find" said the foreman, speaking
slowly ard impressively, Louis Greene
wald, George WichmaD and George w.
Thomas guilty as charged, and recommend
them to the mercy of the court"
The silence that followed was broken by
a low chuckling sound that proceeded from
the throat OF Sailor MeDsing. He was
laughing because he had been acquitted.
GreeDewald and Wichman's faces showed
that they were intensely disappointed, and
Thomas, who had hoped that he would be
acquitted, staggered out into the corridor
aud fell tainting upon the floor. When he
recovered his consciousness and was taken
back TO the courtroom Judge Morrow an
nounced that he would sentence the un-
happy trio next Tuesday. This respite
was given in order that their attorneys
might have time to prepare an application
for new trial.
There was great rejoicing among the
Government officials when the verdict was
heard. Garter and his assistant, Knight,
received congratulations, and Special
Agent PheDix wired the following mes
sage to the Secretary of the Treasury at
Washington:
Emerald trial concluded this morning.
Lasted eleven days. Jury convict Wich-
man, Thomas and GreenewaId. Harry
Mensing, the sailor. acquitted. Great
credit is due the United States Attorneys
Office"
Thomas Just before leaving the city de-
clared that he was innocent of the crime
of which he had been convicted IF had
OF been tried with the others | would
have been acquitted" he said. ut is very
hard for me- VINO have lived an honorable
life in this city for eleven years, to have 10
90 TO prison" Wichman and Greenewald
had nothing TO say.
The prisoners have been convicted of
three often ses-conspiring to defraud the
Government, smuggling and facilitating
the landing ana transportation of Struggled
goods. The penalty for the charge of con-
spiracy is fine of not more than $40, 900
and imprisonment for not more than two
years. The penalty for the other offenses
is fine not exceeding $4,000 and imprison.
naDt for m ha fuo