The daily morning journal and courier., 1904-04-23
CAREY FOUND GUILTY
ON ALL OF THE COUNTS BUT
 FORGERY.

Sentenced to Four and a Half Years in
 State Prison, but Sentence Was Re-
 tracted at Request of Counsel Until
 Next Tuesday Morning-They Will
 Appeal to Supreme Court at That
 Time-Aecused Not Allowed to Give
 Bond but is Locked Up.
 With the conclusion of arguments and the delivery of Judge Gager's charge. the case of George H. Carey of strat- ford. charged with perjury and forgery, was given to the jury in the criminal side of the Superior court about 2:3o o'clock yesterday afternoon. About l5:So o'clock the jury returned and stat ed that they had arrived at a verdict on all five counts. On the first count, that of forgery, the verdict was not guilty; on the second of uttering false note. the verdict was guilty. and on the three counts of perjury the verdict was guilty.
 After the verdict had been announc- ed all the attorneys in the case ap- peared to be willing that sentence should be reserved until next Tuesday morning. The question was then rais- ed whether or not the original bond un- der which Mir. Carey had been placed should be allowed to stand until sen tence was pronounced or whether he should be locked up Mr. Williams ob- jected to this and Mir. Hamilton and Judge DeForest argued in the afffma- tive. Judge Gager finally decided that the prisoner should remain at the jail until sentence was pronounced. Judge f DeForest then said that it was the in- tention of the attorneys for the ac- cused to appeal the case to the Supreme court on questions of law.
 l After considerable talk the attorneys asked the judge to infiict penalty in- stead of waiting until Tuesday. The judge acquiesced to this and sentenced the accused to IS months in the state prison on the second count and year on each of the other three counts, mak- I ing total of four years and half in the state prison.
 1 Attorney Hamilton then asked his honor to fix an appeal bond so that an appeal could be taken and the prisoner could have his liberty until the case was heard by the Supreme court in June. This State Attorney Williams objected to saying that the man had been convicted and 1t would be contrary to law to allow him to have his liberty. Judge Gager decided that the prisoner would have to stay in jail until the ap- lpeal was heard.
 A long discussion here occurred be- tween the attorneys and it was finally agreed to ask the judge not to have his sentenced entered until next Tues day morning at ten o'clock, and the Judge, agreeing, withdrew the sentence until that time. Sheriff Dunham then took charge of the prisoner and he was taken to jail.
 K Judge Gager stated before he pro- nounced the sentence that the plea for clemency appealed to him with almost irresistible force, owing to the fact of the high standing of the family of the accused and also from the fact that he was an attorney Nevertheless said his honor my duty is clear. It would be dangerous to establish and precedent in the matter"
 Beyond showing signs of extreme nervousness, both the accused and his wife, his mother and his mothers sis ter, all of whom were in court. seemed to bear the sentence bravely.
 |. ,rl1 ha hac Ixao r.,;t |, drawn there is little doubt that the ac- cused will receive the same penalty on Tuesday morning.
 Carey was accused of forging the names of his father, the late Charles H. Carey. and his sister-in-law. Mrs. Eliza beth c. Wheeler, to his bond for $s,OoO as exeeutor of the will of John w. Ford of Milford The perjury charge rested on the alleged presentation of false in- |ventories of the Ford estate, to the truth of which he had sworn in the Milford Probate court