The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1907-05-08
CHISHOLM
CONVICTED
Young Defaultr Gets
Six Us
SAID vN.f WAS JUST
Has 4 - Had Decisions Nor Is
He Insane.
Judge HundIey in Passing Sentences
Spoke Feelingiy of Family-Pe-
tition fe- pardon Ii Cir
cuIated by Brother.

| Birmingham. May 7.-(SpeciaI. >
The jury in the case of Alexander
Chisholm, charged with misappropriat-
ing and embezzling funds of a nation
al bank. something like 100000 being
taken from the First National Bank,
brought in a verdict this morning of
guilty, and Judge Hundley fixed the
penalty at six years in the penitentiary
| at Atlanta.
| A dramatic scene followed the ques-
ton by Judge Hundley In the Fed
eral Court as to whether the prisoner
mad anything to say why sentence
should not be pronounced. Pale, but
| salm. Chisholm declared that he con-
sidered the verdict of the jury a just
one, and insisted that he had never
been insane and had never suffered
| sucn delusions as to render his sanity
doubtful He asked for the mercy of
the court in affixing the sentence.
The jury returned the verdict of
guilty at 10 o'clock. The foreman. r,
j 3. Hickman. read the verdict deliber-
ately. The prisoner on hearing the
! verdict did not move a muscle. AS
coioriess as marble he resumed his seat
after having pleaded for the mercy of
the court and while a death-like sill
ence prevailed in the court room Judge
Hundiey pronounced the sentence OF
six years in the Atlanta penitentiary.
A petition for pardon was immedi-
ately prepared and the foreman of the
jury was the first to offer to sign 1t.
and little later did so.
! me jury came into the court room
at $3.50 o'clock this morning and ask
ed Tor further instructions The fore
man arose and asked the court for an
explanation as to whether the law car
ried the presumption of intent at the
time the act was committed.
| Chfsh0lm's Statement
When asked why sentence should not
be passed on him. Alexander ChIsboin,
court: w 'ne
Il am very sorry for what I have
oone. potn on account of the bank and
on account of my family. / thrust my
seh upon your mercy. / am extremely
either to the doctors or to nv family
1 ask Tor mercy. l think the verdict
is right"
AS the prisoner took his seat Judee
aundiey began to speak. He stated
tnat the duty now imposed upon him
was painful one. That he had known
the father of the prisoner long and
Wen. He expressed sorrow for the
FAMILY in this trying hour and statad
that IN view or the youth of the pris
oner he did not feel called upon to i'm
pose the extremity of the law.
When the Jury went to bed at IL
| O'CLOCK last night 1t looked as III tbev
would be unable to reach an agree
ment. The vote stood ten for convic-
tion and two for acquittal This morn
ing atter some discussion one of the
Jurors was won over and the vote
STOOD eleven to one. The latter con-
| tended that no criminal intent had
been shown. 1t was on this noin+ tbat
additional charges were desired and
| sought
The prisoner was sent to the county
Jan ana at personal request of the
prisoner or relative he VIII be sent
to the penitentiary at Atlanta tomor-
row morning.
Judge Hundley's Sentence.
Judge Hundley in sentencing Chis-
ohm, spoke as follows:
This Is very unpleasant duty TO
| me. No sentence that / can imnose
upon you would be oue-half so hard as
the anguish which you have brought
upon yourself and your friends ana
your family. If you. were a man Of
mature years and committed this Of
Tense, you would be entitled to the
severest penalty known to the law and
1t would be my duty to impose 1t upon
you, however much 1t would hurt me
to do 1t, 1 would have to do that. ]
cannot forget in this case that you
are young man, that your character
has been proven to be above renroach
prior to this offense. 1 cannot forget
that you, like all young men, are open
to the temptations and snares that APP
pear in the way of all young men. 1
have been young man myself 1 can
not forget that there is testimony In
this case which went to show that YOU
were induced, verbally and by letter, to
enter into these speculations with a
hope held out that you could reap a
gain by 1t. All these things appeal to
me most strongly. I wish IT were in
my power to feel that I were doing
right to give you the lowest penalty
designated by the law, but with the
trial you have had. after the strenu-
Gus defense you have made, and that
has been made for you, I would be rec
reant in my duty II 1 gave you the
lowest penalty. This is by no means a
i pleasant task for me. / assure you I
have known your father for many
! years. and while I have not known
your family. 1 sympathize with them
from the depths of my heart and with
out saying more I shall sentence you
Tertiary at Atlanta. This Is all have
to say"
Before the jury haa been discharged
| Hayward Chisholm. a brother OF Alex
ander r. Chisholm. stepped in front
| of the jury box and made a short talk
to the jurymen. What his words were
could not be determined. as he smoke
in a very low tone. 1t deveioped later
that he had asked them to sign a par
don for the Communication of his broth
| er's sentence. He let the matter drop
temporarily. but afterwards asked the
4 turymen to sign the petition. It is un-
derstood that some of the iurymen.
and probably all of them, acceded to
this request
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T.. c. and 1. Meeting.
T1roo1, Cit1y