Evening star., 1898-11-19
GIVEN THREE YEARS
John Price Sentenced for the Crime
of Grand Larceny.
His COUNSEL TO MOVE FOR APPEAL
Defendant Refused Bail Pending
Further Proceedings.
WILL REM AIN IN JAIL
WILL REM AIN IN JAIL

Chief Justice Bingham of the Supreme
Court of the District of Columbia this morn
ing refused to grant new trial in the case
of John Price recently convicted of grand
larceny in the alleged theft of some 81, 600
from the superintendent Of the Metropolitan
Street Railroad Company. The accused was
then sentenced to three years at labor in
the Ohio state penitentiary at Columbus.
Pending an appeal to the Court of Appeals,
which Mr. A A. Lipscomb of counsel for
the defendant said would be taken, Price
was refused bail and committed to the Dis
trict jail
Price, accompanied by Mr.. r. J. Menair
his former bondsman, and sMr. Lipscomb,
was in court early. Justice Bingham re-
viewed at some length the grounds taken
by the defense in their motion for new
trial, which included three specifications
to the effect of the alleged misconduct of
the jury in viewing the scene of the alleged
crime, and thus taking testimony in the alb
sence of the defendant: the alleged mis-
conduct of Foreman Harper of the jury
who said he would bet Prices picture was
in the rogues' gallery at police headquar-
ters, and, thirdly, the alleged misconduct
of the prosecuting attorney before the jury
in calling attention to the failure of the
defendant to take the stand and in saying
he was done"
The motion is not well taken.' said the
court, 'and must be overruled."
District Attorney Asks for Sentence.
4 feel constrained to ask your honor to
impose sentence said District Attorney
Davis, arising from his chair. And in
noins so it is my duty to call your honors s
attention to the fact that the defendant has
been convicted twice in the courts of the
country of similar offenses, and has served
portions of two terms in the penitentiary.
l, therefore, ask for the maximum SEN
tencc."
Mr.. Lipscomb interposed that Mr. Rose
with whom he was associated. was pre-
parlng bill of exceptions which would
be presented to the court in few days.
AS far as the sentence is concerned your
honor, We have nothing to say he added.
The maximum sentence appears to be
three years, Justice Bingham said. 1T
IS unnecessary to make any comment, un-
less you. Mr.. Price, have something to
say"
The prisoner maintained that stole silence
that has characterized his conduct during
all the proceedings against him.
The sentence of the court is that you
shall be taken to the Ohio state peniten-
tiary and there be confined at labor for the
term of three years from the date of ar
rival
Il ask that the prisoner be committed"
said Mr.. Davis.
Attorney LipscOnb's Objection.
Mr.. Lipscomb declared it was virtually
taking away the right of the prisoner to
appeal to make him begin the service of a
sentence the validity of which is being con-
tested in the higher court
There is no appeal before the court no
bill of exceptions said Justice Bingham
and there is here only the fact that the
defendant has been convicted and SEN
fenced. The court cannot with propriety
admit him to bail, especially when the
surety offered is a nonresident
An application for bail will be made in
aaI-
Price was taken to cell by Deputy Mar
shall Won Muegge.