The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-18
third time did the juror control his
Feelings sufficiently to reply.

AcSiiiSS SuInclently to reply.
formai motion for a new trial was
made by Attorney John s. Miller and
Judge Anderson set the hearing of
the arguments for February 4. Walsh
was allowed to remain at liberty on
the same bond $4,000, which had
been given after his indictment by the
federal grand jury.
dant arrived in the courtroom 10
minutes before the jury entered and
sat chatting with his attorneys and
personal friends at the same table
that he had occupied throughout the
proceeding of the long trial. He
seemed in the best of spirits and
looked more unconcerned than any
OF his attorneys. From appearances
he and his attorneys were confident
of acquittal. Suddenly the door open
ed and Judge Anderson, looking pale
and worn. entered and proceeded to
the bench. Several minutes later af-
ter a bafliff had held whispered
consultation with him, the jury was
brought in and court was convened.
AS the jurors took their seats ev-
cry one in the court room moved for
ward and eagerly scanned the faces
of the jurors. All Of the jurors ap-
peared unmoved with the exception
OF Palmer AID his state of mind was
noted by Walsh and his attorneys. A
moment later the verdict was read by
the clerk Of the court. Walsh sat
motionless and the crowd of specta-
tors was hushed.
After the reading of the verdict
and the moving for a new trial the
defendant arose from his seat and
Immediately was surrounded by
scores of friends. who pressed for
ward to shake his hand and speak a
word of sympathy. He received each
with a smile, but refrained from
making any comment.
Have you anything to say in re-
gard to the verdict? ?" he was asked.
mot a word" he replied with dig
nifty.
A few minutes later he left the
courtroom with his attorneys Attor-
ney John s. Miller pressed for an ex-
preston of his opinion as to the YER
dict replied that he had nothing to
say.
I'VE will be very busy for the next
for a new trial. If this is denied, we
will appeal the case to the highest
court in the land.
The emotion shown by Juror Palm
er on the polling of the jury caused
a flutter of excitement among the
spectators. As the juror sank into
his chair, burying his face in his
hands, Attorney Miller arose to his
feet and demanded that the juror be
further questioned.
MI. Palmer, IS This your verdict!
asked Judge Anderson. Answer
me?"
Palmer nodded his head weakly in
the affirmative and made a reply in
audible to any but the court.
- 81 suggest. said Attorney Miller,
that Mr.. Palmer be required to re-
peat his answer"
''That is not necessary" replied
Judge Anderson. He has answered
yes"
zone of my associates" said Mr..
Miller. understood him to say
something else. 1t is suggested to me
that the juror said he would have
to say yes"
'That is the same thing replied
the court. amy juror understands
that when he signs a verdict and has
agreed to 1t, he has to say that he
did So"
The remainder of the jurors were
pol1ed and each answered boldly in
the affirmative.
From four to ten ballots it develop
ed were taken by the jury on each of
the $50 counts in the Indictment. The
result of the first ballot was ten for
conviction, two jurors holding out. in
f1uenced chiefly by sentiment. In the
end 1t was finally agreed that Walsh
should be held guilty and the ques-
convicted was taken up. Those on
which the conviction was based in
volved nine distinct series of tranSac-
lions. The applicant Of approximate
ly 81, 100000 was the act of which the
Jury found the defendant guilty. The
maximum penalty of ten years on each
of the "a counts constituting this act
would make it possible for Judge An
derson to impose sentence of $40
years in the penitentiary.