Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-12-02
TWO YEARS FOR
n. A. CARNEAN
Such Is Sentence Pronounced
by Judge Burnham Late
This Afternoon
NEW TRIAL is DENIED
Court Believe. That tho Defendant Has
Had Fair Neutrality-suspicious. Re-
greet That Duty DevoIves Upon Him
in Passing Judsment-Defendant
Receives Sentence Without Emotion.

Very late this afternoon In the dis
trict court, N. A. Carmean, ex- presiden
of the Rhoades- Carmean Buggy Com
pany. of this city. was sentenced Ii
two years at hard labor in the peniten-
tiary at Fort Madison. by Judge G.
w. Burnham. for the crime of embez-
element, for which he was convicted by
a jury last week. Sentence was pass
ed Immediately after the court had de-
MED the motions in arrest of judgment
and to set aside verdict and new trial
The defendant excepted in each case
The appeal bond was fixed at $1,000,
and thirty days time was granted by
the court for bill of exceptions.
Judge Burnham, In ruling on the
motions that We're before him the
greater part of the day, said that M
had given the case careful considera
ton, and had been aided very mater
tally by the counsel on both sides. lie
believed that ne understood the law
governing a charge of this kind. There
was a time, the court said, when the
case first commenced, that he held a
very decided opinion as to whether or
not the defendant could be
convicted under the charge. The
general manner of doing BUSH
ness seemed to enter into the case
at great length, and his first impress
sions were that there might be some
question as to whether crime had
really been committed. He had con-
suited opinions of other courts, ana
after having heard the evidence his
first impressions were changed.
Il do not think that any court, or any
good lawyer, will dispute the fact. the
court continued, that If one gives Il
note to another and afterwards sends
TO the payee of that note money to
apply on the same, and that note has
been transferred to a third party, and
the payee takes the money sent ana
converts 1t to his own use or purpose
and 1t Is thereby lost to the maker Of
the note, that such a one Is not guilty
OF embezzlement. There Is no question
but that some one Is responsible and
the corporation can not be held so. Inc
defendant, as manager of the nnanicai
affairs of that corporation. directed the
of Its business and The
disposition Of its funds. II this Is true
when this money was received. by
whom was 1t received? BY the cor
poration? The corporation can only
act by its agetns. The one who directs
the head and hands OF the corporation
must be held responsible.
II think the case was fairly sub
mitted to the jury. and 1t must find
that when the makers of notes SEND
specific directions as to the disposition
OF the money to a corporation, the one
directing the nagemept OF that corr
poration must have known and d.
rected his clerks and cashier as to what
disposition must be made of that
money. he therefore becomes RESPONSE
bic. 1t is true. and lamentably true,
.hat the system OF doing business In
this country has reached dangerous
stage, that a great many corporations
receive money from people who can
lily AFFORD to lose 1t. and carry on their
business on that money.
81 am personally acquainted with
his defendant. and have known him
or a great many years. II there were
my way that could set aside this
,erdict and satisfy myself I would do
10. but can not. It is one of the
hings that presses down on the court
,ery strongly. to have to take away
he liberty Of one who has been held
n high esteem in any community. II
could escape the duty would gladly
10 So"
The court then pronounced the SEN
ence, which was received by the de-
endant. Before sentence was passed the
DEFENDANTS counsel reiterated that he
believed his client innocent, and that
here was no intent whatever to COM
nit crime.
Tho Arguments.
The counsel for the defense main
.ained in his argument that the verdict
lid not fix the value OF the property,
and that the statute ca monty be en-
forced against a defendant bearing a
relation to the party who lost
the money. General matters, as
brought out in the trial, were also re-
ferred to, and great stress was laid on
the point, as claimed by the defence.
that there was no proof that Mr.. Car
mean ever handled the money or knew
Of 1t.
The counsel for the state held that