Arizona republican., 1904-11-04
THOMAS SENTENCE
Fifteen Months in the Ter
 TitOTial Prison
Notice of Appeal Given and Bond Fixed at $2,OOO, Which Will Be Given Today.

Attorney Bisseu Thomas was yesse-- day morning sentenced by Judge Kent to fifteen months in the territorial prison at Yuma, having been found guilty of the embeZzlement Of the H. W. McDonnold trust fund. This sen tence came after a denial by the court of various motions designed 10 bring the matter before another jury. Thus is ended the first round of enc of the most stubbOrnly fought cases ever tried in this county.
 It is possible that it will all have to be gone over again. The court grant ed a motion by the defense for a certi- hcate of probable cause. and fixed the bail of Thomas on appeal a $2.C99. The money will be received from St. Louis by wire today, and Thomas will be at least temporarily a free man. A motion in arrest of judgment was argued the day before, and the court announced that a decision would be given yesterday morning. The motion was denied. It had been made mainly on the ground that the indictment was defective; that 1t was not sufficiently direct and certain; that it did not sp@- officially aIege that the defendant was ! the conversion Cf the fund, and that f. did not state the purpose for which the fund was to be used The ccurt said that while the indictment perhaps ui Sht have been more explicit, yet i.e believed it to be good. He cited from Bishop, on criminal pleadings several indictments open to the same Cbjec- tious made by the defense.
 Thomas was asked 10 stand u2, end then he was asked if he had anything to say why sentence should not be passed upon hir.. He replied, My own consciousness of the rectitude of my course in this matter and the approval of it by my father with whom l hove gone over all the circumstances, relieve me at this time of the disgrace and shame which otherwise this moment might bring to me.
 The sentence was preceded by an ad- rress by the court on the luties of att torCCys and their relation to their cli- ents. No other member of the commu- nifty, Ee said, holds position or great CT responsibility than the lawyer. He holds the liberty and hor8v Of his cli- ent in his power. Then. addressing Thomas. the court sai1. The jury iu this case las found you guilty of a vio- latiou of such a trust The act l Eow
 
 self, your family, your friends and you profession. Your act is not likely to decrease the respect in which law yc-s should be held. There are SO few instances, as to be exceptions. of eases iu which lawyers have betrayed the trust put in them The bar and is members stand high in the estimation of the people. and feel confident thzt whatever judgment ] have determined upon will not tend to lessen the conf dcnce Of the people iu the bar ol this place
 There a.e many reasons which l can call to mind why a Ien.ent sen tence should be imposed upon you. I know you personally. Your conduct before the bar has always been i,roper. You have been an able advocate os the causes Qf your clients You have been dilige-t and industrious in defending their rights. have been informed that Of late your habits have not been such as would tend to increase conf dcrce in you. You have allowed you appetite to lead you to dG-art from your usual course. While not an cx- cuse, it affords a lesson for leuieucy. You have been led into this thing Whan you were not the master Of yourself
 "The judgment and sentence Of the court HHlCn Is now passed upon you i- that you serve fifteen months in the territorial prison at Yuma. your term of confinement to commence today"
 Thomas received his sentence NiIh- out any other display of emotion than a nervousness which i5 natural to him. He took his seat and whispered briefly to one of his attorneys.
 It was then that notice.of appeal was given and the certificate of probable cause asked for. Judge Ken said that while the matters set forth iu the mo ton for a new tr.al and for an arrest of judgment were not sufficient to war rant the court in granting them, yet there was in the circumstances a sui 1cient element of doubt SO that he would find no difficulty in signing the certificate Then the bail was fixed at $2.OCo. Judge C. W. Thomas, the fath- CT of the defendant. said that it would be wired from St. Louis and the money would be received not later than tn- Gay. IL was possible that 1t woul come last night.
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