The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-20
PRISON SENTENCE
PASSED BY Court
Richard B. Shepard, Attorney
and BOOkman, Is Severely
Dealt With.
VIOLATING POSTAL LAWS
THE CHARGE AGAINST HIM
Stay Is Granted and the Case
viii Be Promptly Ap-
pealed.

Thirteen months In tho State prison
upon each OF two counts for violating the
United States postal laws was tho sem
tenco imposed upon Richard b. Shepard,
a wcll-known attorney and bookseller OF
Salt Lake. by Judge Marshall In the
United States court Saturday. The SEN
tence. however, run concurrently. which
Will only mean thirteen months imprison-
ment-
Motion for New Trial.
The passing OF sentence came UP at 10
O'Clock Saturday morning. Mr. Shepard
and his attorneys being In court. When
the matter was called up s. PD Armstrong
OF counsel for the defendant. argued
motion for q now trial The motion was
based mainly upon the contention tnet
tho Government OF tho United states was
estopped from prosecuting the defendaht
because of the fact that It's own officers
postofice nspectors-procured by letters
the Violation OF the law complained OF.
Sent One Invitation.
1t was not apparent Mr.. Armstrong
urged that Mr.. Shepard was engaged IN
circulating the class OF literature com
plaiued or but that his letters relating
10 the same were sent out at the INVITA-
tion Of partIes-postotiicc inspectors-who
had written to him concerning certain
books,
Motion Is Overruled.
This motion was overruled by Judge
Marshall the court stating that he was
not prepared to say but that the conten-
tion as TO estoppcl was valid, and addlng
that many authorities had held that way
He knew that 1t would apply to larceny
and embczzlement cases, but he doubted
II II would apply to cases of the character
under consideration, where the oifenSe
was purely against the public.
Intimation by Court.
Judge Marshall intimatcd that he
thought the head OF the department could
estop the Government. as claimed by the
defense. but he doubted II such a grade
OF officials as postoficc inspectors were
clothed with such power and could be
said TO be acting for the Government In
such manner as to estop II.
Judge Powers Heard.
When asked II he had anything to say
as TO why sentence should not be passed.
Mr.. Shepard did not reply in person. but
Judge Powers also of counsel Tor me
defense. addressed the court briefly, call
ipg attention To the previous good chGrac-
ter of Mr. Shepard. as testified 10 by n
number of witnesses for the defense.
Good Character Hurts.
Judge Marshall then announced that he
was ready to pass sentence, and re-
marked that he was aware OF the good
character OF the defendant. Mr.. Shepards g
good character. however, Judge Marshall
said, instead of appealing to the court Tor
leNlenCN, eNcIClSeu upon MS ullllu liAt Up
posite effect and he felt that the fact OF
Mr. Shepards high standing required the
court to punish him more severely than
otherwise,
Sentence Is Imposed.
A sentence OF thirteen months upon
each of the two counts was then imposed,
the sentences to run Concurrently, and,
upon motion of the defense n stay of ten
days was allowed. and the defense also
was allowed ten days in which TO flo n
bill OF exceptions, preparatory to an ap-
peal,
Gist of the Charges.
The counts upon which Mr. Shepard
was convicted charged the sending OF two
letters through the malls, informing two
postoflce inspectors. whose identity no
did not know, where they could secure
certain books, which could not be sent
through the malls without violating the
postal laws
Mr. SheparPs letters were written in
reply TO letters written to him by the In
SDpCtOTS,