The San Francisco call., 1895-08-03

Yale University and the Columbia Law
School.
In his address before Judge Wallace the
prisoner said:
May it please the court: I have only few
words to add to what my attorney has said in
support of his motion for new trial. That is
to request that you will give 1T the considera-
ton that the importance of the case deserves.
II have committed forgery and have beep
proved guilty of that offense, deserve no SYM
pathy or clemency, for have enjoyed all the
advantages that wealth and education give.
graduated with honors from an Eastern
college and afterward from Columbia Law
School. l served four years in the Senate of
my State, and was member OF the Judiciary
Committee. AT the expiration of that time
received the unanimous nomination of my
party for Congress, and was elected Chairman
of the State Committee and delegate TO the
National convention. / have been o director
in three National banks and vice-president of
one, and If a man of my antecedents and ex-
perlence has been guilty of the heinous crime
of forgery there is nothing that can be said in
eXtenuation or in mitigation, but, If through
over-confidence in the justice of my cause and
in the consciousness OF my innocence of this
charge, allowed my case to go TO speedy trial,
and was unprepared for the admission of ex-
traneous matter in evidence, humbly submit
that should have an opportunity to prove
my innocence beyond a reasonable doubt.
Your Honor may recall that in letter which
I have written 10 the District Attorney, and
which was admitted in evidence, requested
an immediate or speedy hearing and stated
in that letter that if was guilty of this charge
should be on the road TO San Quentin, and if
was innocent should have my liberty at the
earliest possible moment. But then l did not
know where Frank Dixon was.
did not know he was in the employment of
a reputable firm in Chicago and l did not
know that there were reputable men in
Chicago who were familiar with his hand
writing and his signature, and who were will
ing to testify to that effect; but l did know
that Dixon had sent me that check in good
faith, and also knew that he had had an ac-
count at the bank on which this check was
drawn, and / knew that ii any witness came
on here from that bank to testify in that case
he would be obliged to admit that such was
the fact and that the check was in the hand
writing of Frank Dixon.
In other words, / knew that the corpus deficit
OF this charge could not be proved; at least
thought it could not. Relying on that fact
went to trial. confident of acquittal. No man
ever was SO surprised at the verdict of q Jury
as | was. During the six weeks that have
elapsed since that trial, by continuances which
your Honor kindly granted me, l had this
check photographed and | sent it East, and |
obtained the afidavits of Dixon after finding
out where he was, and other reputable men Of
Chicago who knew him.
Now, have not referred In these few remarks
to the determined effort that has been made
and will be made to send me to prison. | do
not wish to pose as a prosecuted man. / Ws.h
to speak OF the matter solely on lis merits !;
but you Will remember that the prosecution
was taken out OF the prosecutions hand and
conducted by one OF the leading criminal
lawyers of the State.
1t is unusual to grant defendant in erimi-
nal action new trial, but / believe that the
circumstances which have been called to your
Honor's attention are worthy of the serious at
tention of the court
Your reputation as an able jurist and as an
impartial, upright and fearless Judge is not
bounded by the confines of your State. There
is not student OF Jurisprudence in New York
who is not familiar with your name, and the
decisions of the Supreme Court of California
during the time your Honor adorned the bench
are second in weight and Importance to those
OF no other State in the Union.
Therefore, submit the issue with the abso-
lutte knowledge that it will be decided on it's
merits, unmoved by sympathy or unswayed
by prejudice, and also with the firm conviction
that you would not put the brand of a feon
upon man who had not been legally con-
victed of crime.
This address followed motion made by
Attorney Hinkle for a new trial, and at
the conclusion of it Judge Wallace con-
tinued the matter to August 16. An affi-
dayit from Frank Dixon, whose name was
signed to the check, is promised by the de-
fense, and Carroll Cook, the special coun-
sci for the prosecution, says he will move
for dismissal if the affidavit is genuine.