The San Francisco call., 1901-10-13
D|MM|Ck GUILTY
ON TWO COUNTS
Ten Years Imprisonment
Is the Maximum
Penalty.
Victory for Posecution in a
Well Fought Legal
Battle.

Walter N. Dimmick, ex-chief clerk of
the Mint, was found guilty yesterday by
a jury in the United States District Court
Oh the first and fourth counts of the in
dictment. The first count charged that
the defendant April Z, 1900 presented
to Cashier Cole of the Mint a false, ficti-
tious and fraudulent voucher for S498 81,
and the fourth count charged him, not be-
ing a depositary of public money, with
having appropriated and used that sum
for a purpose contrary to law.
The result of the trial was a substan-
tial victory for the prosecution after a
battle brilliantly fought on both sides.
The counsel for the Government, United
States District Attorney Woodwork, ex-
Judge S. {. benson and his law partner,
Bert Schlesinger, were handicapped by the
fact that according to the testimony OF
Cashier Cole, their chief witness, the
finacial and clerical affairs of the Mint
were conducted in an extremely unbusi-
nesslike manner and by the further fact
that Cole paid out $49S 81 to Dimmick on
a worthless voucher without making any
entry of that transaction, although at the
time he thought it pecunar. and tnat Cole
made no report of the affair to Superin-
tendent Leach until ten months after
ward.
The task of removing this handicap was
intruSted to MIR. benson, who mace the
concluding argument for the Government
yesterday forenoon. 1 he counsel opened
the matter with tact and discretion.
ney Collins had read to the jury garbled
extracts from the evidence he would have
no hesitation in submitting the case to
the jury without argument.
Replies to Attack on Leach.
In reply to the attacks made upon Su-
pernte nuent Leach, Mr.. benson made the
following statement In substance:
1t had the custom in the United states
Branch Mint in this city for many years be-
fore Mr.. Leach took charge To sell the old
lead and other ma terial to junk dealers, but
MIR. Leach conceived the idea OF saving it TO
the Government by having it shipped to the
new material 1t was therefore impossible to
ascertain what due to the Mint Tor such
refined. The Government had never questioned
this method OF doing business, and 1t should
be presumed therefore to be lawful and
proper. Even if this methcd of disposing of
the old materials irregular, it does not
Justify the defendant in using the money OF
the Government for his own purposes.
Judge de Haven charged the jury, but
he read the charge in tone so low that
the majority OF the persons in the court
room could barely CLEAN the context He
advised the jury that the second count of
the Indictment had been stricken out OH
demurrer and that the Government had
failed to prove the third count, which
charged embezZlement He therefore in
structed the jury to render verdict of
not guilty on the second and third counts.
Charge to the Jury.
With reference to the first count, charg-
ing the prisoner with having presented
false, fraudulent and fictitious voucher,
part of the Government tended to SHOW
that the United States was indebted to
the Selby Smelling and Lead Company in
the sum of $49S 81 and a bill therefor had
been presented for payment, and by an
agreement between the Selby Company
and Superintendent Leach the same was
en 5ee bs by sa~ foT the
against the United States for material
furnished. and this bill had paid March
26. 1900 indorsed upon it and was there
upon returned to the Mint. The court
continued:
charge you that if the claim of the United
states against the Selby Company was settled
effect payment satisfaction, of the claim,
and after such settlement the Selby Smelling
and Lead Company had no further charge
against the United States. l further instruct
you that there was no excuse defense for
the defendant presenting that claim thereafter
for payment, with full knowledge of the set
tlement. If the jurors are satisfied beyond a
reasonable doubt that he Dimmick, presented
this voucher. knowing that the same had been been
satisfied and that money due thereon,
and demanded payment OF S49S 81 and received
said from the cashier. you must find the
defendant guilty on the first count of the in
dctmeut
With reference to the fourth count the
COulC CHdlSeu tiidl IL the jury were SatlS-
fed that Dimmick. not being the depos-
itary of the money, had received it from
the cashier and used it in a manner not
prescribed by law. they should render
verdict of guilty
Mr.. Collins took all the exceptions that
the law allowed him. The jury was out
less than half an hour. and stood on the
first ballot ten for conviction and two for
acquittal. The maximum sentence that
can be imposed is five years imprison-
ment each count
Next Tuesday al II a. m. was the day
set for sentence.
Maurice Leibmann Sued.