Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-05-11
CABELL IS SENTENCED.
BAIL PENDING AN APPEAL DENIED,



Richard II. Cabell, convicted by a
Jury in the Federal court last Wednes-
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""S Vi Wv sii''e VI
sum OF SS'2lo.O6 while deputy hterhH
revenue collector for the district OF
Montana. in the State of Utah. was
al. ,,,a,,a,r. ,,a,,,,,,ao, ~, tnd,s MIR.
'n's i"Pi if'hs s'"'eHesu ny
shall 10 four years in the STATE PRISON
The defendant when requested by
the court to stand up, was visbly af-
fected, though he strove hard to CON
oeal II. He was asked nv Judge Mar
-.
shaii II ne hau anything 10 say pei'i
judgment was pronounced and in an
almost inaudible tone of voice he re-
,,l,oa ..r RAJ ,,,.t,t.,.n
,,,,
Inc case was called before Judge
Marshall at o O'Clock this morning,
when Attorney Varian arose and
,,,,,,a ~ -, a.. &C, IL, i,d,-
"o'eu '"e .'"i' io' d" ''te'' =" 'uNe
ment, on the ground that the lndict-
ment was insufficient in law and could
mot nossihlv sustat, a iudgment
r,,r.-,a, - -, ..,,,i. 60
Distr'ct Attorney Juuu' Replying "
MI Nariah' sHuu tne ihulctn'ent was
soou uhueI section o'4'o oi Tue heNiseu
Statutes OF the United States; but even
II 1t were not 1t was good under the
act of Congress of Feb q 1873 which
roads os founws, Az, on,cer co,,-
-
hecteu win or employed IN the inter-
nal revenue service OF the United
States. and any assistant of such Off
,ar u.ha .hou o,,...,. -, ,,,,,,,rs,,,t,,
'"i,. e'iioeH~'e VI "''''e ~
convert 10 MS own use any money or
property of the United States, shall be
punished by "A fine eoual 10 The value
-, ~. -. ..,-,.-, ,..,
Vi the money ehpezzieu OF py itnpilh-
ohiheht NOT Tess than three months nor
more imam ten years. or by poth sueh
line and imprisonment. In the discre-
ton of the court
~ - -
NUT Personal tlGHI'
Before concluding his argument
Judge Judd asked tbe conrt to ALLOW
49,. ...'.,,....t ......,,',,a,t,,
,,,hi,t 80 ,,'a r-'',.,an;
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" say that II mug peSh replesen'eu W
~ W Jus''.s
,v,., ~ 'ns ua, re ~ wa, "e n"s
pe' so.a, sney VI SuoeiI >, anu ma IA.
a ~as us'i NJ n,s olaeg ~ puSevuoe mn,
III, nis pea soiiii
MN these rePresentations,Juds Judd
s sa,I, VERY ih"ue .or me purpose vi ih-
a , cue oni'su SUITS a'.oi Ney
sen,ra, :" u'rsct MN 10 eohssnt 70
e 20 VI the cuse at Inns Tune
VI r ."ai ai.,o. ...a ,.,, 49,,
~ u's.,e. at.orney iufther stateu
w. Ina. ne Was nV' CONSCIOUSLY uniriehu-
-, ~ ~ M Hapei utu .hat ne Wns sur
paiseu 70 know tnaI such ciaim han
p .'' Iiiaue. As iurther proof tnht ne
w H's no. pe,soiln9Iy uhirlenuly TO tie
s usaenuaia, ne askeu 70 pronounce the
'he circumstances Oh the case
MOTION is OVERRULED.
After the court had again heard Mr.
Varlan on the motion for an arrest in
Judgment his honor ordered tbnt II
be overruled, and requested Caben to
stand up.
SENTENCED TO FOUR YEARS.
Judge Marshall then briefly reviewed
the case and among other things said
mat the fact of Cabell having been
convicted by jury was of Itself n
greater punishment than he could i'm
pose. II was impossible for his honor
10 treat II as light offense, when the
standing In the community was taken
INTO consideration. The court then or
aered that Cabell be confined In the
utah state prison for n period of