The evening times., 1898-11-19
THE PETITION OF
JOHN PRICE DENIED
Prisoner Sentenced to Three
Years in the Penitentiary.
CONVICTED OF LARCENY
The Decision Was Rendered by
Chief Jrs.i ice Bingham.
The Case VIII BE Taken to the
Court of Appeals for the
District.

Chief Justice Bingham. of the Supreme
Court of the District of Columbia, this
morning denied the petition of John Price,
who was convicted of grand larceny on
October rs last. for new trial and arrest
of Judgment. Having refused the motion,
Price was sentenced to three years at Ia
Dor in the United States penitentiary at
Columbus. Ohio.
Price was charged in Criminal Court No.
1 with the larceny of 81 $50 from Arthur o.
Babendrier at the Yatoidi Cafe on March
30, 1891. After a trial extending over
week he was found guilty His attorneys
A. J. Rose. of New York. and Andrew A.
Lipscomb. of this city. filed motion for
new trial and arrest of Judgment, and
the questions involved were argued on
Saturday last before Chief Justice Bing-
ham who took the matter under advise
ment until today, when he announced his
decision
When the court decided that there was
no error in the exceptions taken by the
counsel for the defense, District Attorney
Davis moved that the prisoner be sen
fenced and committed. Mr.. Lipscomb OBJ
jected 10 Price being committed 10 jail
bGCduSt, dS ne SLdtEt, Il v a. l+-tAIt Iat-IfA
that in the event OF the motion for new
trial being oyerruled by the court. an ap-
peal would be taken To the court Of ap
peals for the District of Columbia. The
bin of exceptions. however, was not pre-
| sented, not yet having been completed.
Mr.. Davis took TO exception TO this, and
agreed that a reasonable time be allowed
for their presentation for signing by the
court. but insisted that il was a matter
purely within the discretion of the trial
judge. whether or not the prisoner should
in the meantime be admitted 70 bail.
Mr.. Lipscomb argued thar il would be
a mock Of justice TO compel the prisoner
to commence the serving Of his sentence.
| awaiting the decision OF the higher court
Mr.. Davis further objected To the bond
under which Price had been released for
trial, because the surety was not resi-
dent of the District Of Columbia and IN
the event of it being forfeited would
cause the court unlimited trouble in the
execution of the forfeiture.
The defendant asked for new trial
on the ground: First. because Of error in
the jury which considered the evid -n,e
and rendered the verdict was permitted
to view the premises where the crime
was committed in the absence of the aC-
cused: second. or account Of misconduct
of BENJAMIN F. Harper. the foreman of
the jnry. while il was il retirement co.,
sidering the testimony: and last Y b.
cause of error of the District attorney in
referring 10 the fact that the prisoner
made no attempt To prove an alibi
After reviewing each Of the exceptions
at length Chief Justice Bingham over
ruled them.
The Government was represented in the
different phases of the trial Of Price by
Mr.. Davis, assisted by Assistant District
Attorneys Joseph ShiFinEIon and John z.
LaSkey.
At the conclusion IF the hearing Price
was taken TO prison cell I'm the base
ment by Deputy John f Van Muesge-
Prices bOndsman, Robert F. Menair.
was also present at the hearing.