The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-01
SANDERS AGAIN
FOUND GUILTY
The Forger Sentenced
to Fourteen Years
in Prison.
Judge Cook Expresses the Be-
lief That He Murdered
WOottOn.
One of the Witnesses for the De-
Tense Arrested on Perjury
Charge.

name TO Sl4O0 draft, which he passed on
the kutner- Goldstein Company in this
city in February, 1894. Time for passing
sentence was waived, and at noon Judge
Carroll Cook, who has been presiding III
the trial, sentenced the defendant to four
1een years imprisonment at San Quentin.
Judge Cook created a sensation imme-
diately after the jury had retired to de-
l1berate by ordering the Sheriff to take
into custody DR.. G. B. Mcintosh, the
handwriting expert who testified IN behalf
OF the defense, on q charge OF perjury.
The court ordered his bail fixed at $4,000,
and the doctor was taken to jail, where
he is now confined. Judge Cook stated
plainly that be believed the tiftieth stub
in the draftbook, to which great import
ance was attached in the case, had been
inserted by Mcintosh, and that while on
the stand the expert had testified falsely
as 10 his discovery" OF the stub.
Court convened in the morning at
O'Clock, and the reading of his instruc-
tons 10 the jury by the Judge occupied
an hours time. Judge attorneys and
defendant all remained in the courtroom,
which was packed with spectators Mrs.
Sanders was present, sitting a short dis
lance from her husband. She seemed to
feel her position keenly, but the man
whose fate was in the balance maintained
the same stolid expression which has
characterized him in all the ordeals he
has passed through in the case. The de-
PENDANT moved his chair closer to his wife
and whispered few words to her. The
attorneys chatted among themselves, but
every one was plainly affected by the dra-
matte situation.
The minutes wore on, and each added
its grain of hope. however slight, to the
defendant. He was expecting disagree
ment of the jury, and the longer it re-
manned out the better indication it was
that MS hope would be realized.
But at i've minutes 10 10 o'clock there
was a sharp rap at the door of the jury
room. In an instant all was hushed.
The defendant leaned forward little i'll
his anxiety, and closely watched the
baiiiff unlock the door and talk 10 the
foreman. For the first time the express
sion on Sanders face changed when the
verdict was announced, and for a moment
he was discouraged. He and his wife
embraced each other, and they both gave
way to Tears. The painful situation lasted
only few minutes, and then Judge Cook
discharged the jury. Judge Cook fixed
the hour OF noon as the time for passing
sentence.
At II o'clock court convened, and At
torney Short, for the defense, made a
formal motion for a new trial. TO preserve
his rights il the event OF an appeal. 1t
was denied, and Judge Cook then ordered
Mr.. Sanders to stand up. Coming from
the court, who is regarded as one of the
leading criminal lawyers in the State, the
remarks of Judge Cook to the defendant
are very interesting. The eminent jurist
expressed some important views in the
celebrated case. He spoke as follows:
Mr.. Sanders, the duty of pronouncing
sentence in this case on one of your age
and one OF your former standing III the
community and OF your reputed educa-
tion and knowledge OF matters in general
the position which you have held in the
past in this community of recognized
ability-is certainly painful duty to any
Judge, particularly so to me now. This
case, believe, cannot find lis parallel in
history. In my whole experience at the
bar, OIL over twenty years, and In my whole
reading, cannot recall ever having met
with or read OF case as strange in all lis
details as this one. Certainly, if You are
not guilty of the crime With which YOU are
charged, and in connection with that
crime of the murder of William Wootton-
because the one really carries the other
with it-you are the victim Of the most
peculiar and terrible chain OF circum-
stances that any man ever was the vic
tim o.
Two juries have concluded that you
were guilty. Before one of these iuries
there was certain evidence offered that
was not admitted on your behalf. That
has been admitted here, but this jury
now, even with that evidence admitted,
agrees with the first jury, and the jurors
are the sole judges as to the facts. What
ever verdict jury may render as to fact
settles the FACT so far as the court is con-
cd ry;ll .oO1r ~,
verdict, and from that verdict this jury
says that you are guilty of this forgery.
and being ullty OF the forgery, certainly
William Wootton must have been dead,
and the jury must have so found. Under
the rules of law prosecution for the MUIR
der of William Wootton is rot permitted,
because me corpus deficit could not be
proven, but in reality there is the crime
OF murder connected with the crime of
which you stand convicted. Also, in evi.
dence here there has been evidence reia-
tive 10 several other forgeries OF deeds, all
of which, if you were prosecuted for them
(if this one Is a forgery they certainly
are), would require a most severe sem
tence-in fact, to the charge of murder it
uGquestionably would be capital punish
ment.
But l am not permitted in passing
sentence in this case TO take into con-
sideration other crimes that NAV have
those other crimes was admitted not for
the purpose OF proving the guilt of those
crimes, but merely for the purpose OF
esta blishing your guilt of this crime, and
although you may have been guilty OF
murder and OF twenty forgeries, you NAV
not have been convicted of those, and, of
course, they can form no part of this SEN
tence.
ut is to me most perplexing case
throughout and it hardly seems to me
that any man who has moral mind
could have thought out or concocted the
schemes and the acts which have been
proven here and which the jury have
found you committed. l am satisfied in
this case if / should impose less than the
full penalty L would not be performing
my duty.
The judgment OF the law and the sem
fence of the court is tina: you, w. A.
Sanders, for the crime of forgery, Of which
you have been convicted, be imprisoned
IN the State prison of this State, at San
Quentin, Marin County, State of Cali
fornia, for the period of fourteen years"
Professor Sanders did not expect such a
severe sentence-ihe limit of the law. He
thought that the court would give him
about eight years, deducting the two
years he has been in Jail since he was SEN
fenced to ten years Imprisonment when
convicted on his second trial. When seen
at the Jail by.sa CALL correspondent this
afternoon he appeared very much per-
turbsd. He was pacing the corridor be-
tween the rows of cells in very i'm
patient manner. When called to the