Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-20

Wright. II. q. whitney. T.. G. Chrlsten.
sen. Laws NJ. Cannon. John Reid, Joa
=. Clark. Edward Morgan. Il. Rush.
Thomas SEW. and Richard Brerton. ON
December 10th the Jury returned its
verdict In these words:
We. the jury In the ease OF the Unit
ed States OF America against J. II. Ba-
con, say the defendant In guilty az
charged In the third and fourth
counts OF tho Indictment"
ON the following day-December 18th
Mr.. Bacon appeared In court for sem
tence. lie was greatly agitatcd over
the verdict OF the jury ana was pale
and hnSgafd at the outcom. OF the
case. Judge Marshall was very brief In
the discharge OF his painful duty. Com
manding MIR. Bacon to stand up ho
said:
you have been convicted % very
serious onensc and the court now sem
fences YOU to seven years confinement
In the Utah state prison"
Col. Ellis made brief but earnest
and eloquent appeal for a suspension OF
sentence In order 10 prepare n bill Of
eNceptions TO make motion for q
new trial. n the present bond OF $4,000
were considered insufficient. they would
give one In any amount that the court
would desire. The finding OF guilty re-
lated solely to the oycrdraft aud Il was
monstrous to send the defendant 10
prison on an error OF bookk eeplng. The
verdict, he thought. should be sct aside.
Attorney McGinnis resented counsel's
Characterization OF the verdict and de-
clared that the finding was wholly
Jurtiiiable. II was only one OF a series
OF grave offensea lie was oSl,Ss,. 20
any suspension OF sentence. As 10 ball,
| that was very unusual thing In such
a cese a. the one nj bar. f.s.Ir
| The court said he saw no reason
| for delay. Sentence could be Imposed
and ssiii all thu rights ot the defsnd-
ant be protected. The court, however.
| would stay the execution OF the SEN
sence. which was done after sentence
was imposed. The stay was for forty
days and pending that time the defund-
ant was permitted to have hts liberty
| on furnishing "A $4,000 bond.
Conviction was had upon the third
and fourth counts. The third charged
Bacon with entering In his report to
the comptroller Of the currency t5,75s 90
as overdrafts. when the amount should
have been stated as si4i1g.s2, and with
| doing this with the intent OF decelvlng
an agent 10 be appointed by the comp
troller. Tho fourth charged him with
entering an overdraft upon his report
20 the comptroller OF the currency
s5,b5b,53 whereas the amount should
have been much greater" and with so
/ doing with the intent OF deceivlng an
agent aDpolntcd by law"
Mrs. Susan u, Emery. a wealthy Salt
/ AssAh' MRNlAlls was ATs NutOn
bond OF S2O0c0, The instrument. how
ever was not approved by the court on
account OF some legal technicaiity and
| Mr.. Bacon gave new bond In the
| same sum. which was duly accepted
with the followin. surcties; jeremiah
| Schcnck. w. u. Hubbard, J. W. Hous-
ton. l.. W. Dittman. +. J. Leonard and
| r. W. Ross.
The bond simply rccited that the de-
! PENDANT abide the order OF the circuit
| court OF appeals. when the case went
| to this court Mr.. Bacon had u new at
| torncy In the person OF Hon. George
| sutherland. who prepared the brief and
| argued the case at ST. Paul on the End
| Of May last before Judges Thayer
| Caldwell and Sanborn.
| Attorney George sutherland, when
apprlsed OF the courts decision,
| promptly appealed to the Supreme
/ Court OF the United States on the re-
| ccigt OF the remittitur. and pre-
| scented the case In the form of an APP
| pllcation for writ OF certiornri
The Supreme Court upheld the form
or decisions. and then petition was
gotten up. asking President McKin-
| ley 90 pardon Mr.. Bacon. This petition
was signed by some members OF tho
| jury. nearly all the bankers OF Salt
! Lake and many prominent citizens. For
some time Mr.. Bacon has been In
Washington pressing his case and. so
far rs determination and pluck are
| concerned. thoroughly deserved the re-
suit. which brings 10y TO himself and
his family.