Democratic Northwest and Henry County news. [volume] (Napoleon, O. [Ohio]) 1894-1905, 1895-01-03
sAUR SENTENCED
To Four Years in the Peniten-
tiary.

rest of Judgment was argued yester-
day in the Saur perjury case.
This morning Judge Mooney passed
on the motions. He said the State
had argued that a motion for new
trial and q motion in arrest Of judg-
ment presented at the same time were
at variance and inconsistent. The
Judge held that presenting these TWO
motions at the same time did not
place them at variance and they did
not conflict. He said these motions
must be filed within three days after
a verdict had been rendered, hence
thew must be presented almost stimuli
taneously, and the filing OF them at
this time he considered proper.
He said he had given the PROPOSE
tion of granting a new trial IN tnls
case much thought and consideration.
The rendering of a verdict by jury
necessarily bound the court to GER
tain extent to abide by the verdict,
although the court was allowed the
range of his discretion. The Judge in
such cases become the 18th juror If
the court afirms verdict it becomes
Judgment. If he would approve of
the finding the motion would be over
ruled. A dissension would mean the
granting of a new trial. He review
ed the testimony at some length.
Said Sauf was an Interested witness
and in his opinion Saur's statement
was corruptly made. The oath, in
his opinion was not duly administer
ed. The several elements that go to
make up the crime charged did exist
! n fA t1V's
affidavit was prima facie evidence
and must be so considered. The
Judge took occasion to score the no.
tary, and said in his opinion the wit
ness was not unduly biased in favor
of the State, but was for the defense.
He thought the notary should have
identified his own signature when he
was positive about another's sigma
ture. The Judge said the defendant
had denied making affidavit. He did
not come as witness whose verasity
was unquestioned; he was testifying
as a defendant.
If the witness Dyarman had not
been sworn there would have been a
reasonable doubt in the mind OF the
court. Dyarmans answers were not
in his favor. His statements were un-
reasonable and certainly discreditable
to Saur. The jury was justified in
disbelieving Dyarman, as the court
disbelieved him. Dyarman was in
clined to favor the defeuse. The jury
was justified in believing the affidavit
was actually sworn to as the notary
says he does not believe Dyarman
was there on the date mentioned. In
concluding the Judge said he con-
CURED in the jury's verdict and the
motion for new trial would be over
ruled and exceptions noted.
The motion in arrest of judgment
was discussed at some length. The
Judge said the form of the indict-
ment could be criticised, it. having
many repetitions, but it did charge
the offense alleged. No requisition
was probably necessary for Saur to
make the report. The bank made re,
port through Saur as it's cashier. The
motion in arrest of judgment was
overruled and exceptions noted.
The Judge then asked Mr.. Saur if
he had anything to say. Saur stood
up and replied, Nothing" Mr.. Hub
bard, in reply to a question from the
court said, I'VE have said all we had
to say in the natter The Judge
!. then defined what constituted PERU
ry under the laws of Ohio, and said
the maximum penalty was ten years
and the minimum three years. The
law intended to punish violators OF
the statutes and the way of the trans
gressor was hard No crime could
find less excuse than perjury; it de
prives men of security and destroys
confidential relations. The purpose
of the law is to protect, and banks
should make truthful statements. In
passing sentence much depends on
the character One day to some per-
sons would be more than ten years
to others.
Mr.. Saur had occupied high po
sition and he would not infiict ex
treme punishment. On the Other
hand it must not be permitted to &C
, abroad that Saur had escaped pun.
ishment. The Judge concluded by
saying Considering your character
and position, slight punishment, / an
satisfied will be effective. 1t is the
sentence of this court that you be
confined in the Ohio Penitentiary fol-
a period of four years, no part of the
time to solitary confinement
Mr.. Saur's counsel Immediately
moved a suspension of sentence unit
the convening of Circuit court in this
county.
The sentence was suspened unit
March 4th, at which time Common
Pleas court will convene. Circuit
, court will convene January Goth al
which time motion for a new tria
will be argued, Mr.. Saurs bond was
fixed at $4,000, and he will be at lib
erty until March 4th.
J; Don't forget your cash during thi,
January sale. Nothing else goes.