The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-09
SENTENCED DOR
THREE YEARS
q. HENRY FISCHER GETS TERN IN
PENlTENTlARY FOR EMsEz-
ELEMENT OF FUNDS.

PARKERsBURG, Oct. s.-Judge
showalter yesterday afternoon in the
criminal court rendered an elaborate
decision, refusing to set aside the YER
diet in the Fischer case. All the points
raised by the defendants attorneys
were considered at length, and author
tiles were read to sustain the ruling
of the court
On the question Of the admlssibility
Of evidence the Judge read a written
opinion Of his own, holding that under
the peculiar circumstances of the case
the introduction Of the blotter and
other books kept by the officers Of the
building association, and not in the
handwriting OF the defendant, were
admissible. They constituted the best
evidence which the nature Of the case
permitted, and were therefore proper
1y received. The same reasoning APP
piled to the report Of the witness, War
nick, and to his oral testimony.
The separation of the jury was con-
sidered also, and the court held, after
minute investigation of the evidence
and the authorities, that the separa-
toln did not amount to a sufficient
ground to set the verdict aside. In de-
livering his opinion upon that point
Judge Showalter said that he inves.
tigated the matter as soon as 1t was
brought to his attention, and after in
quiring into 1t, both from the juror
himself, and from the prosecuting at
torney, John Laird, who had seen the
Juror while away, he had made up his
mind that the facts did not warrant
the dismissal of the juror. and the
empaneling of a new jury. According
ly, he then decided to allow the juror
to remain on the panel. Several ad-
Indicated cases were read TO sustain
the decision. 1t appeared in this case
that there was no evidence to show
that the prisoner was prejudiced in
any way by the separation of the jury
and where such is the case, the courts
have held that new trial should not
be granted.
All the minor points raised by the
defense were also examined, and on
each of them the court cited authority
to show that they were wrong. 1t had
been claimed by the attorneys that the
evidence failed to show that the Home.
stead Building Association was cor.
poration as charged in the indictment.
Mr.. Gordon, however, had sworn of his
own knowledge that II was duly inCOr.
porated, and the court held that this
was sufficient in an action Of this kind.
1t was also claimed that the evidence
failed to show that Fischer was in fact
treasurer. The evidence did show that
he acted as such, and this, the court
held. was sufficient.
One of the first points raised was
that the attorney assisting the State,
Mr.. Meats, had held a conversation
with a Juror in the absence of the
court, and in the absence of the pris.
oner. AS 1t was also shown tnat the
conversation related solely to matters
foreign to the case the court held that
there was no such improperly in that
act as to avoid the verdict.
The court considered briefly the OBJ
lection that the verdict was in con
fict with the instructions. AS the in.
structions were upon the whole ex'
ceedingly favorable to the defendant,
the defense could not claim to be dam
aged by any thing IN "ornoot'"~ ''''+''
them. They were based upon the facts,
as the Jury might understand them.
and only applicable, in case the jury
found the facts upon which they were
predicted to exist. The jury had not
so found, and the defendant could not
be heard to complain,
AS soon as the motion to set aside
the verdict was overruled. the attor'
ney for the defense, T. A. Brown
moved in arrest of Judgment, but as
signed no grounds therefor. The court
overruled this motion.
Fischer Sentenced.
The court sentenced the defendant
to confinement in the penitentiary fol
the term of three years. The attorney
for the defendant then asked that the
sentence be suspended for the period
of ninety days, to allow the record tc
be prepared.
Think of DR.. Shops Catarrh Cure