Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-29
MUST SERVE SENTENCE
PRESIDENT DECLINES TO GRANT
PARDON TO MATTERN.

John Z. Mattern, proprietor of a It'll
street cigar store, who was convicted OF
making handbooks on the races must serve
hfs sentence of three months in jail The
last hope for a pardon for him was lost
last week. when the appeal 10 the Presi-
dent was decided unfavorably. II was an
nounced yesterday from the White House
that the President had taken up the appli
cstien of Mattern for pardon. as to that
part of the sentence which involved a jail
sentence. and had refused TO grant the
quest.
The strongest influence of prominent local
men was brought to bear to secure a par
don for Mattern. and his friends were hope
full that he would get on with the payment
of the fine of 500. Even after the Depart
ment of Justice refused to recommend a
pardon Attorney III. Il. Davis carried the
appeal direct to the President. The fact
that the Judge who sat In the trial of the
case before a jury in the Police Court and
the United States attorney refused to
recommend pardon was the basis for the
refusal of the Department of Justice to
interfere. as explained by the Attorney
General at the time.
AS the result of this decision of the Presi-
dent not to Interfere Mattern must pay the
penalty imposed by Judge Kfmball In the
Police Court-three months In jail and 500
fine or six months more in jail 1t Is ex-
pected that the United States attorney.
upon being officially advised OF the denial
of the application for pardon, will sum-
mon the defendant into court, to be COM
mitted to Jail to serve his sentence. Mat
tern has been out on $500 bond since his
arrest.
Attracts Wide Attention.
The Mattern case has attracted wide at
tention In the District both on account OF
the prominence Of the defendant and the
seriousness of the crime charged against
him. He was arrested on November IL. last
year, in raid on his store at 436 7th street,
led by Precinct Detective Mullen and Ser
geant Hartley of the first precinct. After
securing a continuance of his case at first.
on November Is, Mattern was arraigned in
the Police Court and demanded trial by
jury.
He was tried February / by a Jury before
Judge Kimball In the Police Court and was
found guilty no evidence having been sub
mitted by the defense. motion for new
trial was made. but on February Ii that
motion was denied and the sentence or
ninety days Imprisonment and 500 fine was
imposed.
Denied by Court Of Appeals.
The case was carried to the Court or
Appeals by Attorney Ambrose, for the de-
PENDANT; but that tribunal refused to grant
a new trial, and ordered the sentence to be
carried out. Then it was that an appli-
cation to the Department of Justice was
made for a pardon as to the Imprisonment.
That was denied by the Attorney General.
and later by the President, as has been
stated before.
In imposing the sentence in this case
Judge Kimball stated that he followed MS
announced. attention to impose both I'M
prisonment and fine on persons guilty or
making handbooks on the races; and ne
imposed the same sentence as had been
given Manuel Kane sentenced previously.
At the time, also his honor made mention
that Mattern had been arrested before on
a similar charge, and on being allowed to
forfeit collateral was warned not to re-
peat the offense.