New-York tribune., 1903-02-15
KIMB4LL TO PAY So, 900.
Er- r-President Of the SeUenth National
Fned-Rose's Sentence Suspended.

To paw fine of $1,000 was the sentence i'm
posed Yesterday by Judge Thomas, in the Grim
inaI Branch of the United States Circuit court
upon ex-President William H kimball OF the
Seventh National Bank, who, with Gamahel W.
Rose the former paying teller OF the instlluIloii
pleaded guilty few weeks ago TO charse ot
having overcertifed the checks of the firm OF
a,a-onand E. Co to the amount of S12oOoUo.
Sentence in the case of Rose was suspended
The proceedings were opened by Judge
Thomas calling the two defendants to the bar
and saving that he would hear anything couh-
sci had to say before imposing sentence
Edward Lauterbach then made long ao-
dress in behalf of Mr. Kinball, his client and
incidentally in behalf of the defendant Rose
He said his client had pleaded guilty to the
federal charge of overcertifcaton, and had
thereby saved the court from long and TEDIOUS
trial and that that fact should be taken into
consideration by the court. It might have been
nossihIe the LAWYER continued, to have set the
attendants free through habeas corpus proceed
inps but that strong as the temptation was the
LAWYERS representing the defendants hao oe-
eided not to avail themselves of such privileges
but to present the case upon its merits alone'
Mr., Semple also pleaded for Ienlency
Assistant District Attorney Baldwin said ne
hod made n careful examination of the books
Of Marouand & Co, the Seventh NatlonaI BANK
and of the National Park Bank, in so far as the
latter related to the affairs Of Marquand & Co.
or the Seventh National Bank and ne mad oeeh
unable to find any evidence that either MI
Efmbau or Mr. Rose had profted personally py
the transactions in question
Judge Thomas, in passing sentence sdlo III
part:
The defendants have pleaded guilty to an indict-
charging them Win sixteen
nf The checks OF Marquand & Co. drawn upon the
Seventh National Bank, OF Which the deleloal e an :
ma wing teller Since the plea was received a care
fui research has been made at the instance OF 5ne
cTfninality beyond that inferable from the actuaI
disobedence Of the statuLet IL aS 1SorsI ITrntude
has been found TO attach TO either oeLenua1l
ia either shown to have made any personal gam
In saving this it is not intended to diminish a
inst sense of the gross misjudgment which was
53isplaved in the extension of credit to Marquand
Ruf the appreciation of affairs was somewhat d3r-
1e9ent al cuseer sne Of the Seventh National Bank,
and was of apparently strong credit ana resposI ~
fnancial circles and his private wealth ana contrl-
button to the capital OF the rn ec nag were pad
until the last one. which was on June a
After going into long history OF the case
Judge Thomas continued:
The defendants have taken nothing that did not
belong TO them; they neither sought nor Qeslreu
personal benefit there Is not tne tsen NO secIIr
of corrupt motive NO money Wa roTi(Ien+ ~
i+ies were diverted. They disobeyed a proVl9uenII
statute and did an act on fbe State of New
Yorl following the customs OF the ocaLty, -
Inns ms - ne to niInish and do not think that i'm
prfsonment is required Inc t IF tba rris
& ee oIs md fame of trial in this court. the pub
Ucify and condemnation or tne pLaccTTI TI + oy + ~,
press anu m the nractce future offenders cannot urge
the absence or warning