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

| Wright, II, c. Whitney p. c. Christen
sen, Lewis NJ. Cannon, John Reid, JOS
S. Clark. Edward Morgan, e. Rush.
Thomas Sevy, and Richard Brerton. on
December 10th the jury returned its
verdict In these words:
We the jury In the case OF the Unit
ed States OF America against j. II. Ba-
con, say the defendant is guilty as
charged In the third and fourth
counts Of the indictment"
on the following day--December 18th
Mr. Bacon appeared IN court for SEN
tence. He was greatly agitated over
the verdict Of the jury and was pale
and haggard at the outcome of The
case Judge Marshall was very brief In
the discharge Of his painful duty, Com
manding Mr.. Bacon TO stand UP he
said:
You have been convicted Of a very
serious otfense 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 or
sentence in order to prepare q bill or
exceptions TO make a motion for a
new trial. IL 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 oyerdraft aud II was
monstTous 10 send the defendant 10
prison on an error of bookk eeping. The
verdict, he thought, should be sci aside.
Attorney McGinnls resented counsel's
Characterization Of the verdict and de-
clared tina, the finding was wholly
justihable. II was only one Of series
Of grave offenses. lie was OpL8zea- ~
any suspension Of sentence. AS TO ball,
that was a very unusual thing IN such
case as the one at bar.
The court said he saw no reason
for delay. Sentence could be imposed
and stiil all the rights ot the defend
ant be protected. The court. however,
would stay the execution of the SEN
fence. which was done after sentence
was imposed. The stay was for forty
days and pending that time the defend
ant was permitted TO have his liberty
on furnishing $4,000 bond.
Conviction was had upon the third
and fourth counts. The third charged
Bacon with entering in his report 10
the comptroller Of the currency s., 1883
as oyerdrafts, when the amount should
have been stated as Si4,4T9.S2 and with
an agent to be appointed by the comp
troller, The fourth charged him with
entering an overdraft upon his report
TO the comptroller Of the currency
s5,575.53 whereas the amount should
have been much greater" and with so
doing with the intent Of decelving an
agent appointed by law"
Mrs, Susan Il. Emery wealthy Salt
Lake woman, was on Mr.. Bacon's first
bond OF $50 600. The instrument. how
ever was not approved by the court on
account Of some legal technicality and
Mr.. Bacon gave new bond In the
same sum. which was duly accepted,
with the following sureties. jeremiah
Schenck. W. T.. Hubbard, j. W. Hous-
ton l.. w. Dittman. +. j. Leonard and
f w. Ross.
The bond simply recited that the de-
PENDANT abide the order OF the circuit
court OF appeals. When the case went
to this court Mr. Bacon had new at
torney in the person OF Hon. George
sutherland, who prepared the brief and
argued the case al ST. Paul on the End
Of May last before Judges Thayer,
Caldwell and Sanborn.
Attorney George Sutherland, when
apprised OF the courts decision.
promptly appealed 20 the Supreme
Court OF the United States on the re-
ceiDt Of the remittitur, and pre-
scented the case in the form OF an APP
plication for q writ OF certiorari.
The Supreme Court upheld the FORM
or decisions, and then a petition was
gotten up. asking President McKin-
ley to pardon Mr.. Bacon. This petition
was signed by some members OF the
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 as determination and pluck are
concerned, thoroughly deserved the re-
suit, which brings Joy to himself and
his family.