The Brunswick times. [volume] (Brunswick, Ga.) 188?-1900, 1898-01-14
MABRY SENTENCED
TWO YEARS TERM.
extraordinary Appeals for Clemency
Made in Prisoners
Behalf.
GRAND JURY ASKS FOR MERCY
Attorney Kay and Solicitor Bennett Made
Touching Remarks Mabry's Ex-
culpatOry Affidavit.

Z. H. Mabry was yesterday sem
tenced to two years in the state peni-
Tertiary, for The embezzlement of $751;
600 from the Southern Express Go.
The case, which has been the leading
topic of discussion in this city since
Mabry'o unfortunate defalcation, came
to an impressive termination iu Glynn
superior courtroom yesterday after
noon.
Through the whole proceeding,
which condemned him to penal servl-
tude, Mabry remained unmoved, with
the same fixed expression OF reslgna-
tion and fortitude on his face,
When Judge Sweat called the case
he asked if counsel on either side had
anything to present for the considera-
tion Of the court before sentence was
passed.
Col. Joseph W Bennei, counsel for
the defendant, arose and read petit
tion from the grand jury, now IN
session, which returned the indictment
against Mabry. The petition asked
for the clamency of the court, and was
signed b. all the grand jurors.
Uolonei 22nnet also read an excul-
patorf affidavit, sworn to hy-tbe pris.
oner. In 1t Mabry alleged that he bad
been IN the employ of the Southern
Express company for fourteen years;
that he had, in order to be with his
family, asked, a few years ago, for
transfer from the position Of messen-
ger to that OF local agent, and was
assigned TO the agency at Brunswick; ;
that he found himself incompetent to
attend to the arduOus duties of the
position; that shortages, for which he
was by no means responsible, occurred
and that he was obliged to make these
shortages good. He further alleged
that on discovering this final shortage,
he was driven to desperation, and,
without considering the consequences,
committed the crime for which he had
just been convicted; that he had not
spent one cent of the money taken.
He alluded to the effort to take his
own life in the jail at Savannah, as
serted that he was not deliberate
criminal, and registered purpose to
abstain in future from even the sem-
bance of wrong doing.
The reading of the affidayit made an
impression IN the courtroom, which
was increased by the remarks of Col
w. E. Kay, counsel for the prosecutor,
the express company, who rose to make
a statement in the case.
Colonel Kay's remarks were marked
by deep feeling He said that he had
been, as the legal representative of the
Southern Express company, frequent
ly thrown with the defendant, and
that he had trusted him and respected
him. "No one" said Colonel Kay,
could have been more surprised and
shocked on hearing Of the defalcation
Of this man than /. But" continued
the lawyer, "the Southern Express
company asks only vindication; and,
in this case, it is satisfied that the
vindioation is complete. We do not
care to pass from the role Of prosecu-
tors to that Of persecutors-and per-
secutors Of a wife and two little chill
dren. / assure the court that if, in
this unfortunate case, justice should
be tempered with mercy, my clients
Will not complain"
The feeling Of the people of Bruins
wick toward Mabry Was evidenced By
the storm Of applause which came
from the assembled crowd as this
statement fell from Colonel Kay's ips
It was an irrepress'ble expression o
sympathy.