Evening star., 1901-05-17
REV.BASSSENTENCED
1mprisonmerss for Three Years and
Fines Aggregating $1,000
USED MAILS TO PERPETRhfE FRAUD

Comment Of, Judge Barnard in Re-
view Of the Case.
AN PEAL NOT E D
Justice Barnard. in Criminal Court No. 1.
| today sentenced Rev. Liston D. Bass, con-
victed recently Of violation OF section 54SO
| Revised Statutes of the United States
using the mails for alleged fraudulent pur-
poses-to Imprisonment in the penitentiary
at Moundsville, w. Va, for total of three
| years and to pay fines aggregating $1,000.
When asked if he had anything to say be-
| fore sentence was pronounced, the defend
| ant. after declaring that he was not con-
| scious of having done any wrong, remarked
that he had nothing to say in addition to
| the plea submitted in his behalf by his
| counsel.
| When the sentence had been recorded
| counsel noted an appeal to the Court Of APP
| peals.
| The course pursued by Justice Barnard In
disposing of the case was decidedly out Of
| the ordinary, and was a topic OF general
| conversation about the city hall during the
remainder of the day The court at some
| length delivered what was considered
| scathing denunciation of Rev. DIR. Bass.
| 'In pronouncing sentence in this case
upon the verdict of the jury In finding you
| guilty" said Justice Barnard to the de-
fendant, 81 cannot well refrain from saying
| that, in my judgment, such verdict was
justified by the evidence. You nave had all
| the advantages of family, education, re-
| !igious training and the position of minis
ter Of the gospel; you have had experience
among many different classes OIL society, in
| different states; and there was no excuse
| for you to undertake the fraudulent meth
DDS and schemes shown by the evidence In
this case to rob the credulous, unwary and
| inexperienced. You could have made an
honest living. and given value for every
| dollar received had you not conceived the
| idea of getting something Tor nothing, un-
der the pretense Of performing use to
others You went to work shrewdly and
| Systematically to deceive people, and to
make them confide in your honesty. wisdom
and power by so mixing up truth with
| falsehood as to pass it all Off for genuine
! coin.
Shadows and FictiOns.
| ''I must believe that you well knew that
you were only dealing or Offering to deal
in shadows. fictions and worthless preten-
sions. AS to the scheme called the Union
Teachers Agencies of America, you man.
aged. by the Of the mails, to induce
| teachers and those who wished to be
! teachers to believe that you had valuable
and reliable information and exceptionally
great influence which you would furnish
them for the so-calied registration fees
and the contingent commission on first
| years salary, when in fact you had no
such information or influence and your So
called vacancies and so-called recommended
| tions you knew to be absolutely worthless.
| From the character of the circulars
sent out by you and the place and char
acter of the alleged vacancies to which
you referred those who registered with you
l cannot help believing that you knew all
the while you were engaged in this scheme
| that your alleged services were absol uteIy
without value and that you were not for
moment sincere in thinking you were
| doing good
Another Scheme.
"In the other fraudulent scheme known
as the Civil Service Bureau of Instruction.
the jury has also found you guilty of
using the mails to obtain money wrong
fully and to impose upon the community
| at large by your false and fiattering pre-
lenses. You have held out by your letters
and circulars that you maintained a school
or organized institution with able assist
! ants, and that you were capable of furnish
ing instruction which would, together with
| the political and personal influence which
| you could command, secure good positions
| under the government for all who would
| enroll as your pupils, young or old. You
| well knew, as l must believe from the evil
! dence, that you were not able to make
| good such representations and that they
| We're all made only to induce your victims
| to send you this money. You were not sim
cere in these widely circulated statements
and you have succeeded in depriving many
struggling and honest persons of their
money which was needed by them for the
| neceSsaries of life.
Il do not think the court would be justi-
| fled in imposing less sentence than the
maximum, and the sentence of the law is
| that you pay fine of $500 in each case
and be confined in the penitentiary period
of eighteen months in each case, the term
| in the second case to begin Immediately
after the expiration of the time Of service
in the first case
Illness of Juror Commented Upon.
In disposing~of the motion for a new trial
in the case, Justice Barnard stated that the
principal ground urged in behalf of the mo-
tion, the alleged disqualification of the
Juror Hallam, after the trial, and while the
Jury was in it's room celebrating as to the
proper verdict to render, is one that ap-
pears to be without sufficient foundation
| Il cannot believe 1t possible that Hallam
would collapse from nervous attack with
| out some visible physical indication said
| the court. "or if no physical sign certainly
| not without Indicating 1t in his manner of
| speech, his logic, his reasoning. If we are
! to believe the other eleven jurors or even
| our own eyes and ears when the jury was
polled at request of defendants counsel at
| the time the verdict was rendered III open
court. We must conclude that the juror was
| q
proper conclusion. That he may have diff
fered with a majority of the jurymen on
first retiring to the jury room proves moth
| ing. Until the twelve have had an oppor-
| tunity to hear each others views, reasons
and recollection of the testimony, there
must often be differences of opinion. When
! after full and free discussion, a verdict is
reached satisfactory to all, 1t is against
the policy Of the law to allow such verdict
to be disturbed by any mental reservation
| or any reason known only to an individual
juror. who had given his assent to the YER
dict. and who had not disclosed such reason
until after the jury was discharged.
Objects to AfHdavit.
~ am inclined to think that such an affi-
davt as is filed In this case ought not to
be allowed on the files; but inasmuch as
| the Court of Appeals may take a different
view, can see no harm In allowing the af
fidavit to remain ON the record and giving
the government the opportunity to file the
affidavits of the other jurors to contradict