The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1895-09-14
THE END OF THE SMUGGLING CASE
Mr.. Lotan is Fined Eight Thousand Dol
lars.

Judge Bellinger passed sentence yes.
terday upon James Eotan and Seid
Back for their completely in the SNUG.
Cling conspiracy. Lotan was SEN
fenced to pay a fine of $4,000 and Seid
Back fine of $4,000. There was no
Imprisonment imposed in either case.
|. A week ago when the case was
called, sentence was postponed in or.
der to allow Judge Durand to examine
the bill of exceptions, on which the
proposed appeal to the supreme court
was grounded. A copy of the bill of
exceptions was forwarded to Judge
Durand, at Flint, Mich, but no word
has been received from him. 1t was
| thought therefore that there would be
| another pOstpOnement. However,
Judge Bellinger had made up his mind
TO pass sentence, and let the appeal be
perfected afterward.
Yesterday forenoon few minutes
| before II o'clock Mr.. Lotan and Seid
| Rufus Mallory. Judge Raleigh Stott
room. Soon after the attorneys repre-
senting the government filed in.
| These were United States District At
torney D. R. Murphy, John M. Gearin
and G. J. Schnabel.
AT II O'Clock Judge Bellinger en-
tered the courtroom and took his seat.
There were several attorneys, and a
few interested spectators present.
care there any motions in tha
United States distric nsr> oe
heard this mornings? ked Judge
Bellinger, in his usual prompt and
busineSS-like manner
United States District Attorney
Murphy rose and said:
"This is the time, your honor, fixed
for passing sentence ON James Lotan
and Seid Back"
A short pause followed, and then
Judge Bellinger said:
"Mr. Lotan, stand up!'
Mr.. Lotan, who was sitting by the
side of his attorney, Judge Raleigh
Stott, arose. He was looking pale,
but betrayed no unusual emotion.
"Have you anything to say, Mr.. Lo-
tan, why sentence should not be passed
upon you at this time?" asked the
judge.
mo, sir,'' promptly responded the
defendant, in clear tone of voice.
"Then it is the judgment of this
court that you pay fine of $4,000. You
may be seated"
Mr. Lotan resumed his seat. Before
Judge Bellinger could request Seid
Back to rise to receive his sentence,
Seid Back had risen and advanced to
point within a few yards of where
Mr.. Lotan was seated, and stood ready.
"Have you anything to say why SEN
tence should not be pronounced
against you at this time?" asked Judge
Bellinger.
"No, sir, your honor" replied Seid
Back, without perceptible quaver in
his voice.
"Then it is the Judgment of this
court that you pay a fine of $4,000.
You can be seated"
A few minutes later both defendants
walked out of the room. Mr.. Lotan
proceeded directly to the Office of the
Ed. D. Mckee, clerk of the United
AS that Cancelled the fine and appeased
the vengeance of the law, Mr.. Lotan
walked forth free man.
AS there was no imprisonment in
cluded in the sentence, there will be
no appeal taken to the supreme court,
and further litigation in the noted
case ends.
Seid Back did not have such an easy
time in extricating himself from the
clutch of the law. He was not able to
liquidate his fine, and, was accordingly
placed in the custody of the court.
He was allowed to go out in charge of
deputy United States marshal, and
is endeavoring to raise the amount of
his fine. Seid Back has considerable
property, but it is claimed that, owing
to the depression in the real estate
market, that some difficulty may be
experienced in. realizing the amount
of the fine, either by sale or mortgage.
In case of failure to raise the amount
of the fine, there is no alternative but
to go to jail.