The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-11
SEVEN YEARS FOR FLOOD,
The Embedding Cashier of the
Donohoe Kelly Bank
Sentenced.
HE SAID, II AM NOT GUILTY. :"
Judge Wallace Failed to See Any
Mitigating Circumstances
Whatever.

There was a big crowd in Judge Wal
lace's courtroom yesterday morning to
witness the passing of sentence upon
John w. Flood for embezzlement in his
capacity OF cashier for the Donohoe- Kelly
bank. The specific charge was altering
the records of a corporation by making it
appear that the estate of Della Hope had
drawn $4,000 on check, when no such
paper had passed through the bank. The
prisoner was represented by Carroll Cook,
and General w. H. L. Barnes appeared as
special counsel for the prosecution.
The court having denied motion by the
prisoners counsel for arrest of judgment
on statutory grounds, Carroll Cook made
plea for leniency. He represented that
Flood, although tried twice, was practi-
cally unconvicted, and up to his arrest
had stood high in the community. The
false entry, if it had been made by the
prisoner, had not been made in one of the
regular books of the bank, but in mem
orandum- blotter. At any rate, he claimed,
the fault was a misdemeanor, and could
be construed by the court either as that or
a felony. AS a miSdemeanor the sentence
for conviction was one year in the County
Jail or $500 fine, or at the discretion of the
court the penalty might be made not less
than three nor more than ten years i'm
prisonment in the penitentiary.
The court said that he knew nothing
about the previous character of Flood or
the defense that he only made the entry to
conceal past transaction. Technically,
the making of the entry was fraud under
the law.
Attorney w. H. L. Barnes stated that
the offense for which John w. Flood was
to receive sentence was very serious one.
1t practically amounted to the embezzle-
ment OF $4,000. He had no right to any
special consideration. lie had been made
a partner and stakeholder in the bank, put
ting in nothing but his integrity which
had been found to be pretense.
"lf this prisoner had confessed his fault
to Mr.. Donohoe," continued the counsel,
that old man who shed tears in court at
being required to testify against one he
loved like his own boys, would have put
his arms round him and said, We'll, John,
we'll do what we can But Donohoe is
dead and Flood is living; it would have
been better had this been reversed.
81 don't want to see this man sent to
wear the devilish livery of San Quentin, but
at the same time L cannot ask your Honor
to treat this as a bagatelle. Don't say to
the young mel of this mercantile COM
munity, riddled as it is with frauds of this
nature: Steal $4,000, falsify records,
and Judge Wallace will only send you to
the County Jail for six months, as if you
had been engaged in brawl.' l don't
want my pound OF flesh, but leave the
matter to your Honor on the facts"
The court asked the prisoner whether he
had anything to say why sentence should
not be passed upon him.
Flood, who stood close to the bench. said
twice, II am not guilty."
The court said that in refusing to plead
the prisoner had placed himself in the
position of not being able to gainsay the
charge, and must be held guilty. He then
reviewed the offense, which, in a mercan-
tile community, he considered particularly
heinous Flood was an elderly man, and
knew what he was doing. In his discretion
he would impose the sentence of seven
years Imprisonment in San Quentin.
Cook made fight for stay of execution
and writ of probable cause. Both were
denied by the court, and the prisoner was
removed in the custody of the Sheriff.