Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-18
MBRIDE is SENTENCED.
E-Asslstant Postmaster Given -Four Years II
the State Prison.
BAIL PENDING AN APPEAL is DENIED.



master for Salt Lake City, was this
morning sentenced by Judge Marshall
to four years in the state prison. Bail
pending an appeal was denied. Mo-
lions for n new trial and an arrest
In judgment We're also denied,
The crime for which young Mcbride
was today sentenced Is the embezzle-
ment OF $s.O72 while assistant post
master under the late c. NJ. BaTatt,
covering n period OF from May list,
1895. to January i4th. 1897.
on the 9TH Inst. after trial lasting
several days, the Jury found the de-
PENDANT guilty MS charged In the frst
count of the indictment. The date of
his sentence was, by the court, fixed
for today.
Mcbride has been confined in the
county jail since his conviction, bail
having been refused. He was escorted
to the Federal court this
morning by United States Mar
shal Miller, and took seat along
side his attorneys. Arthur Brown. r.
/ H. Williams and o. w. Powers. Later
Mrs. Mcbride came into the court room
and after affectlonately greeting her
husband, sat beside him, remaining I'M
til after the sentence was pronounced.
She was perfectly calm and collected,
but tears forced themselves to her eyes,
and 1t was with great dlfficulty that
she controlled her emotions.
The proceedings opened promptly AT
! nine O'Clock and lasted two hours. AS
soon as Judge Marshall had announced
that this was the day set for the SEN
fencing of Frank NJ. Mcbride, Mr..
Brown arose and moved the court Tor
| q now trial, on the following grounds:
THAT the evidence presented at the
trial was insufficient TO Justify the YER
I dict of guilt.
2-Errors of law In the charge of the
court.
L.. "a. al. as.t.N 10
testimony.
4--That the verdict is against the In
structlon Of the court
The theory Of the prosecution. Mr.
Brown said, was founded entirely upon
n shortage In the postoffice of Salt
Lake City. The evidence. he said, was
founded upon documents based en-
tirely upon the testimony of Inspector
Nichols and upon papers not properly
| receivable in evidence.
Mr.. Brown further cOntended that the
quarterly statements introduced was
not good evidence for the reason that
they were not McBrides statements,
but were those of Postmaster Barratt
| The bookkeeping upon which they were
based is the act of the auditor of the
postofiice department, and were not
properly authenticated.
"The mere fact of the shortage" Mr..
Brown argued, was not evidence
against this department, unless 1t was
also shown that he had such exclu-
sve possession of the funds and affairs
of the postofiice as to be accountable
for the same.
"All the evidence shows that he had
no such possession or control, but that
all was under the control of c. X. Bar
raft, who had equal access with Nc
Bride.
1.-The balance unaccounted for can
not be shown until 1t is afflrmatively
| oh at N
form disposed of It.
at may be that the government Is
no longer able to this proof by reason
of the death of Mr. Barratt. but that
is n misfortune of circumstances and
is must be made clear before this de-
partment can be called upon to explain
the shortage"
Mr.. Brown further contended that
the prosecution had not made out even
prima facie case; that 1t did not
change the case because Mr.. Barrati
was deadI Two men had charge of the
funds and the government had only
attempted to pr!ng II to the door of the
least responsible of the two, Mcbride
He did not wish to say aught against
the man who was dead, but counse
felt certain that had the defense beer
given an opportunity of examining Mr.
Barratt, he would have admitted thai
he did not use the most diligent care II
the disposition Of the funds of TIL,
? office. The testimony showed that up
wards of 1891 900 had passed through
Mr., Barratts hands while he was post
master. and 1t had also been shown
that the system was an imperfect one
Mr.. Brown then referred to the ties
timony of Inspector Nichols and con
cluded by saying no weight should b'
, placed in his evidence. because the!
were the statements Of an uncertaii
man.
Counsel also contended that tn
2 prosecution should have alleged tn
! assistant postmaster's duties in tn
l indictment and proved them at tn
/ trial. The United States statutes ha,
: no bearing upon the case; it ought t,
: have heen left to the State laws. 70
Mcbride was responsible to Mr.. Bar
raft, the man who employed him, an'
to no one else. Concluding, Mr.. Brow
said:
e your honor, Frank Mcbride is a,
Innocent man. l feel as certain of tina
0 as 1 live. / never defended man will
= n greater confidence of securing al
acqulttal. 1t may be, in my zeal AM
belief In his innocence, have mistaken
= the evidence"
e Mr. Brown then asked what MoBrid
= had done with the money. His repu
e tatlon was shown to have been good
I No one had said he gambled, foole,
n with women, drank or specialized. TIL
;. prosecution did not have the testimon.
| 10 ulldCh MCbIlutS CNdrIcIer, else !
= would have only been too glad to hav
e introduced 1t. Mr.. Brown concluded
o with an urgent appeal to the court T.
= give Mcbride another trial and on
r more chance of proving his innocence
: Judge Powers followed Attorne,
I Brown. He said that like his associates
I he was distressed at the verdict. II
! took up the various phases of the cas-
| and attmepted to show the absurdlt,
r Of the verdict under the testimony
outside of Nichols, he commended, tn
prosecution had no testimony and yer,
little confidence ought to be placed ii
. his statements or in the man. Judg
Powers then read the brief of Judg
John Il. Mcbride, father of the ac
cused, and concluded by saying tina
the defendant was the victim of cir
cumstances Mr. Brown was unwell an
had been for a year past. Mr.. William
was called away after the trial had be
gun and he himself had to be absen
the first two days.
Judge Judd was ready to reply T.
the arguments advanced and had hi
authorities all piled up and arrange,
in front Of him. He was not given al
opportunity. however. for as soon n
Judge Powers had taken his seat
Judge Marshall decided in the distric
attorneys favor. His honor said tina
his view of the law as expressed a
the trial had not changed any an
that unless manifest Injustice APP
peared the verdict of the Jury woul