The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-14
MAILMAN TO SERVE A TERM.
HIS PLEA OF GUILTY. GETS HIM
TWO YEARS IN THE PEN.

Admitted Taking Over $1,000 of the
Money of the SchwarzehiId and
Sulsberger Beef Co.-His Uncle
Would DO Nothing For Him in the
Case Unless the Amount Was $500
or Less-A Negro Given the Same
Term For the Larceny of a 81 Gun.
Patrick Kearncy Files His ApDII-
cation For New TriaI-It Will BE
Heard Feb. 23.
Joseph K. Mailman will have to sepnd
two years in the state penitentiary. That
was the sentence pronounced upon him
yesterday by Judge Robert Falligant,
when he pleaded guilty in the superior
court to the offense Of larceny after trust
to the extent of $1,0O2.76, and put himself
upon the mercy of the court
The circumstances of Hallinan's case
are quite peculiar. He was the confiden-
tall bookkeeper for the agency here of
the Schwarzchild and Sulsberger Beef
Company, under the management of J.
w. Wyness, who was shot and killed by
Patrick Kearney, and as such gave bond
in the sum of 5000 on which the Fidel-
ity Trust and Deposit Company of Balti-
more was surety.
After Wyness' death the company sent
the auditor, a Mr.. Colwell, here to look
into the accounts of the agency. 1t did
not take him long to discover that there
was a shortage and he had Mailman ar
rested on a warrant charging larceny
after trust. Mailman admitted that he
had used some of the money belonging to
the company, and being unable to give
bond went to jail.
Following this he had some correspond
ence with an uncle of means in Rochester,
N. Y, and 1t was thought at one time that
he was going to pay up the amount and
endeaVor to make arrang ementS TO settle
the case. But it appears that in the end
Hallinan'S unc.e wrote him saying he
would pay the amount or pay his fine pro-
vided it was not more tham $500. 1t APP
pears, however, that he would not have
the opportunity of settling in any event,
as Hallinan's crime was felony, and he
being under indictment there was no
chance for settlement. AT any rate, It was
soon found that the amount involved was
more than $500 and having admitted his
guilt there was nothing before Mailman
but to plead guilty and take his sentence
whatever it might be.
An investigation into the accounts show
ed the, defalcation to be about S,50o Hal
Imam, however, admitted only $l,00276 bHt
this made little or no difference in the
principle of the thing. Hallinan was a
pleasant bearing, about "a years old, and
was well liked by many people who knew
him. He had large circle Of acquaint-
ances who regretted very much that he
had put himself in such position.
Along with Mailman negro named Jim
Vincent Pleaded guilty to similar charge,
that of larceny after trust. The negro, 1t
appears, took charge of a gun which was
left in his possession by C. J. Wall. The
gun was sold by Vincent and he appropri-
ated the proceeds to his own use. Its
value was only ST. Vincent was also SEN
fenced to spend two years in the peniten-
tiary.
Patrick Kearneys counsel filed a motion
for new trial in his case in the superior
court yesterday The motion was in the
skeleton form, stating merely the statu-
tory grounds, that the verdict was con-
trary to the law, contrary to the evidence
and contrary to the weight of the evil
The petitioner for a new trial asked
further time in which to file his brief of
evidence and amended grounds of motion,
which was granted by the court. Judge
Falligant, in his order, directed the solici-
tor general to show cause before him on
FEB: e. next Tuesday, why, a new trial
for new trial is determined, the mo-
ton under the courts order, will act a S
q supersedeas, and the sentence will not
for the present be executed.
the verdict in the Kearney case was
very generally discussed yesterday on the
streets. 1t was in fact the principal topic
OF conversation, and while many express
ed some surprise at the result, taking
into consideration the fact that the defen-
udhl was -Wnlle man, as wen as Otner
circumstances, the verdict was quite gen.
orally approved.
It's time this shooting was stopped"
was one of the comments heard every
where on the streets, and many of the
people are grateful that juries are at last
realizing that they are the servants of the
public and the community. The counsel
for the defense interposed a good many
| objections during the progress of the trial
but every one OF them was carefully con-
sidered and ruled upon. 1t remains 10 be
seen what they set forth as detailed
grounds for a new trial.