New-York tribune., 1906-07-18
PURSUES HIS SENTENCE
GOES TO SUPREME COURT.
Broker Prepares appeal That He
Be Incarcerated at Once.
From The Tribune Bureau. ]

From The Tribune Bureau
Washington. July 17-Louis L. Gourdain, the
Chicago broker under sentence for conducting
lottery. who is resisting the efforts of his
friends to keep him out of Joliet Penitentiary,
came TO Washington to-day and did all kinds OF
unusual Stunts in his fight for immediate in
generation for a term of four and one-half
years Having telegraphed in advance 20 have
an expert stenographer ready for him, Mr. Gour-
oaln. on arrival at a well known hotel. where ne
registered as Louis L. Gourdain $500 Illinois
State Prison. Joliet. ILL., at once dictated a
most remarkable petition addressed to the Su-
preme Court of the United States. in which he
asks that the highest court in the land intervene
in his behalf to prevent granting of the ap,
peal taken from the decision of the Chicago
jury. and that he be allowed at once to enter
on the term of sentence which was imposed on
him.
Mr. Gourdain. apparently cool and collected
though visibIy affected by the nervous strain
ne has been undergoing in the last few days in
his efforts to break into the penitentiary, gave
copies of this writ of mandamus," as he called
1t. to newspaper men at his hotel He was des-
peratey anxious to have the paper fled with the
clerk of the Supreme Court at once and was
much distressed to find that the Office not
open tonight
thing is settled and am allowed TO begin my
sentence" said Mr. Gourdain, and his appear
ance indicated the truth OF the statement that he
had taken rest since he determined to bring
his case to Washington for a settlement. He
appeared to be faint and weak from long fasting.
His baggage when he arrived at the hotel was
all labelled "Penitentiary Annex" the place
which he has rented. adjoining the Joliet prison,
and which he says he will make his home
less he is allowed to become a convict.
SAYS HE WANTS TO KEEP PLEDGE
On arrival at the hotel Mr. Gourdain directed
that he be assigned to the best room, and i'm
mediately made q display OF generosity, sur
prising the bellboys and porters with astonish-
ingly large tips" From large roll of money
he peeled off bills for the attendants in most
liberal fashion. Mr. Gourdain then received
newspaper men in his room, and related TO them
the story of his trial and the pledge he had
made to the jury that he would abide by their
decision without appeal, which. he said, is his
reason for refusing the assistance Of his friends
in trying TO stave off his serving of the SEN
tence
Il promised to abide by the verdict of that
jury" said Mr.. Gourdain, land I am going to do
1t in spite Of everything. There a lot of
people in this country who make promises TO the
authorities and then break them and try 10
evade the consequences I was convicted on
charge of defrauding the mails in doing a bust
ness Of selling options on oil lands and intend
to abide by the consequences. Moreover. am
determined that every one who is alleged to have
lost money fraudulently through the business
that I conducted shall be reimbursed in full. I
shall make complete restitution, and with that
in view have asked for the assistance OF Post
master General Cortelyou."
Mr.. Gourdain said that he had sent the fol-
lowing telegram to Postmaster General Cortelyou
to-day:
Hon. George Cortelyou Postmaster General, WASH
Would like interview with you, tomorrow re-
gget1rng1e o 1b pbc e money U5 M wh heV i'm
Vested since the estabishment OF 6ne Louisia9a @
Loan and Trust Company.
APPEALS TO SERVE TIME
In his petition Gourdain prays the Supreme
Court to issue a writ Of mandamus directing
Judge Grosscup, Of the Circuit Court Of Appeals
TO set aside the supersedeas whereby Gourdaln
was released from Joliet Penitentiary. Prelim-
mary to this plea he recites that, acting as his
own counsel in trial before Judge Lands. Of
the United States District Court, at Chicago, he
made a closing argument to the jury in which
he assured it's members that Judge Landis'S con-
duct Of the case met with his approval and that
he was satisfied Of their intelligence and hon.
esty, and demanding that If they had the faint
est suspicion Of doubt" that he was less honest
than they, they should find him guilty. He fur
ther rectes that he demanded to be sentenced
to the full extent of the law and sent TO the
penitentiary Immediately, and that the jury hav-
ing within fifteen minureS brought in verdict
of guilty, he assured them on his word Of honor
as a gentleman that he would not appeal from
their Judgment. ''but that I would serve my
time and pay my fine and that when came
out Of prison I would give up all my fortune
consisting Of cash, real estate, national bank
stock stock of private banks and trust COM
panies and bonds and securities Of every civil
lied nation on the face Of the globe; then. by
unanimous consent Of the entire Gourdain fam
iy we would wipe ourselves off the face Of the
man of the United States, that this gov
eminent would never have any more trouble
with US"
He further relates that he was sentenced TO
four and one-half years at hard labor, was taken
to the penitentiary on June g. began such labor,
and never authorized any proceedings in his be-
half but that his attorney filed a petition be-
fore Judge Grosscup for a writ Of supersedeas.
which was granted whereby he was released
from the penitentiary and placed in jail He de-
manded that he be returned to the penitentiary,
which demand was refused, and he was COM
pelled to sign a bond to regain his liberty. On
being released he returned to Joliet with nuner
ous hacking cases. trunks and packages, and de-
noanded admission to the penitentiary. This
heing refused he came TO Washington 20 file
his petition with the Supreme Court
C5ourdain says he made $5O,O0O.0OO out of his
mail order business.