Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-13
Judge Anderson Denies Motion for
New Trial and Arrest of
Judgment.
WILL SERVE FIVE YEARS.
Former President of Chicago National
Bank Must Pay Penalty in Fl. Leav-
enworth for Illegal Transactions.

Chicago, March 1S.-John r.. Walsh,
former president OF the Chicago Ma
tional bank Of this city, who was con-
the institution, was today denied q new
trial by Judge Anderson in the United
States district court and sentenced to
serve five years in the federal peniten-
tiary at Fort LeaVenworth.
AS soon as the court had announced
the refusal to grant a new trial. the
attorneys for the defense entered a
motion in arrest OF Judgment on which
they argued for some time. II was
generally thought about the court
room that they would consume three
or four more hours stating their rea-
sons for the granting of this motion,
but Atty. Hart, who presented 1t, ceas'
ed speaking in about 30 minutes.
Judge Anderson then promptly over
ruled the motion and sentenced the
banker TO five years in Fort Leayen-
worth.
SPOKE ONE HOUR.
Judge Anderson in denying the mo-
ton for new trial, spoke without
notes, his decision requiring about ono
hour IN delivery.
He FIRST took up tho question OF tho
alleged non-assent to the verdict or
Juror Palmer, reciting the ciroum-
stances from the record OF the court
and declaring: 1T cannot be said for
n moment that Palmer dissented from
the verdict. To my mind there is but
one construction Ia be placed upon
the whole matter ana that is that lie
assented 10 the verdict If II had APP
peared to consul for the defendant that
he did not do so, they should either
have asked that the jury be sent back
for further elaboration or that II be
discharged. No such request was made
and the court is therefore justified IN
saying that counsel took, at that time.
the same view as was held by tho
court and that was that the verdict
was entirely regular"
NO MISCONDUCT SHOWN.
The court further declared that
charges OF misconduct on the part OF
the Jury were not founded on fact,
saving that counsel for the defense
had stated In open court that they
had no objections 10 oIfer 10 Whatever
degree Of liberty the court might allow
the Jury at times when court was not
in session This being the case, he de-
clared that counsel was barred from
claiming that too much liberty had
been allowed, particularly when II had
not been shown that any improper use
had been made of the freedom granted
II Is claimed by the defense that
J while I'm a variety theater, one or the
Jurors In this trial, removed the garter
uf an actress. What that has TO 90
with this case ] cannot Imagine ana
why dignihed counsel should bring II
into his ease Is beyond my oomprehen-
sion. II has no logical on possible rela-
ton 10 the deliberations OF tho jury
Much has been said about the neon
slstency OF the verdict, IL being claim
ed that the defendant was found guilty
upon several counts which charge the
same offense to have been committee
i'm different ways II seems 20 me thal
the verdict covers an the points In the
case and that there has been no neon
sistency az alleged
on the point of alleged error commit
ted during the trial, Judge Anderson
said
HAD A FAIR TRIAL.
Generally speaking ! want 10 say
now that this defendant has had fair
Trial Nowhere ala the court allow evil
dence TO go before this Jury which was
calculated alone 10 prejudice the case or
the defendant
In my opinion no reasonable man
could hear the evidence IA this case
ana have any doubt that the defendant