The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-05-14
Three MONTHS.
Light Sentences for the Men
Convicted Of Swindling
Colonial Company.
APPLICATION FOR RETRIAL DENIED
Writ of Error Served and
Heavy Bail Fixed Pending
Appeal Argument.
APPLICATION FOR RETRIAL DENIEl

The sentencing of DR.. Richard Jahr,
Undertaken VIM. Necker and Thomas ]
Kelly in the Court of General Sessions
yesterday afternoon came somewhat in
the nature of a surprise to the interested
parties. 1t was thought that if Judge
Blair denied the motion for a new trial
the imposing Of sentence would be de-
ferred until Thursday next, the regular
sentence day.
Lawyers James Gordon, William H
Speer, Jr., j. Emil Walsheid and George
A. Ryerson, the counsel of the convicted
men; Prosecutor James S. Erwin and
Assistant Prosecutor George T. vickers,
representing the State, and ex-Judge
William T. Hoffman and Counsellor
interests of the Colonial Life Insurance
Company during the long trial, were in
court at z:40 o'clock when Counselor Cor
don made the formal motion for a new
trial. He briefly referred the Court to
the briefs which had been previously pre-
sented as giving the grounds for the ap-
pllcation, but made no further remarks.
Judge Blair said:-'"The ordinary
grounds for an application of this kind
are:-First, misconduct of the jury; Sec
ond, insufficiency of evidence to warrant
the verdict, and third, an allegation of
newly discovered evidence.
1.-THE rule is that if there is any EVIL
dence of such a character as to warrant
the case going to the jury the jury should
be left entirely free, and under the law
the Judgment should be received with
credit, unless the court feels it should
overrule the verdict.
s'There is no allegation of newly dis
covered evidence in this case and the
question then narrows down to whether
the Court has confidence in the jury. The
Court feels that it should not disturb the
verdict. The case was heard with pa
tience and argued with ability and the
Court feels that it should not be asked
to set aside the verdict
Judge Blair then asked If the defen-
dants were in court and the three con-
victed men who were seated among the
spectators Immediately stepped to the
bar The Court said
''You were indicted for conspiracy,
charged with attempt to deferaud the
Colonial Life Insurance Company. Your
examination was before jury of your
own selection and after most thorough
trial you were all convicted.
1.-THE Court feels that there are certain
circumstances that justifes it in discrim
mating in favor of one of the defend
ants. Mr.. Necker has produced here &
great many people who testified to hi:
good character and their testimony has
had considerable weight with the Court ,
Judge Blair first sentenced Necker Il
pay fine of $500 and costs of court, ant
then fixed the penalty for Jahr and Kelly
at three months in the County JAIL 500
fine and costs of court.
Counsellor Gordon Immediately served &
writ of error on the court under the act
of 1894 which permits the entire recort
of the trial to be taken up on appeal.
Judge Blair fixed bail at $500 for eac1
defendant pending appeal. This is an in
crease of $500 over the amount of surety
furnished when the three men were await,
ing trial. The same sureties signed the
bonds for Necker and Jahr, but Kelly
who was unable to obtain a bondsman
was taken to the Jail.
The appeal will not be argued until The
November term of the Supreme Court.