The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-28

threat at the time of his conviction
that he would never go to jail, his
bandsnlen. and his friends have full
faith in him, and they believe that he
viii return here within ten days. He
saw the bondsmen on Tuesday after
noon and satisfied them that he was
going on legitimate business and would
come back again. The fact that these
gentlemen are Unidentified by Mr. Bal
ley and MIR. Tennerciiffe, Bacon's
brother-in-law of Macomb, Ills, may
account for their serenity.
The decision was handed down Tues
day by Judge Thayer, Judges Caldwell
and Sanborn concurring. The exact
terms of the opinion and the mandate
which it contains are not yet known,
and will not be officially known until
the decision is received at the Office Of
the clerk OF the United States court.
Mr.. Bacon's offense.
Mr. Bacon was president of the
American National bank, which subse-
quently became the Bank of Salt Lake.
He was indicted on Nov. "A, 1896, on
eight counts for fraudulent transac-
lions and violations of the national
banking act. At the trial, over which
Judge Marshall presided, Judge John
w. Judd was the prosecuting attor-
ney and Colonel Ellis of Dickson, Ellis
Ellis Represented Tue ut1enSt. Al
ter a trial of many days the defendant
was convicted on two of the eight
counts, Nos. s and 4 They charged
him with having made false reports to
the comptroller CT the treasury in stat
ing that the overdrafts of the bank
were So, 1888, instead of $14, 479.S2 One
of the counts charged him with de-
frauding the public and the other with
Misrepresentation TO the comptroller
by this statement.
Given Seven Years.
Judge Marshall sentenced Bacon to
seven years in the peniten tiary, but he
has not yet seen the inside of that in
stitution. Judge Marshall granted a
stay of execution for forty days on a
bond of 500, 900, during which an appeal
was taken 10 the United States court
of appeals at st. Paul. These men
went on the bond: jeremiah Schenck,
j.. w. Dittman, F. J. Leonard, ]. W.
Houston, Frank Ross and w. E. Hub
bard. The court of appeals granted q
farther stay and since that time the
case has been pending.
MIR. Bacons attorneys, George Suth-
erland and John NJ. Zane, argued be-
fore the court of appeals that the diff
ference in the two statements of over
drafts was made up by demand notes
OF the parties from whom money was
due. They held that the distinction
was merely technical; that though
there were overdrafts to the amount of
$14.479.S2, the bank held notes which
offset them. so that the real and ma
terial amount of overdrafts was as
stated in the report, S5.575.53.
But the court, as is evidenced by its
decision of Tuesday, holds another
view of the case. It holds that there
were no errors in the trial, and that
the verdict was warranted by the evil
dence.
Case VIII Be Appealed.
The case win not resi- here. The ex-
banker viii not give up his fight for
liberty yet. He is going TO take the
case to the supreme court of s.ie Unit
ed States. And that, it is said, is the
cause OF his visit TO Chicago to see At
torney Zane.
He received a dispatch on Tuesday
from the clerk of the court of appeals,
telling him of the decision. and he at
once consulted with Attorney George
Sutherland and communicated with
Gr. Zane in Chicago, from whom he re-
ceived a dispatch at midnight telling
him to come 10 Chicago. But in the
meantime he saw the six bondsmen and
telling esch one of the decision of the
court, said that he was going to see
Mr.. Zane.
Bondsmen Not Alarmed.
'All the bondsmen were perfectly sat
isfied," said jeremiah Schenck Mr.
Bacon has not run away, and he will
be back in eight days. unless he must
go on to Washington. He has been
keeping books for me az he hurriedly
Strengthened them out before leaving
He met me at the Sauitarium at 6
n.clnck this morning hs- q c1enraanf as