Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-11-30
Receives in Silence Judges Words
Offering Advice.
THE OTHER CASES PROCEED
No Interruption to Trials of Inven-
tor Heany and Solicitor Everding,
Under Joint Indictments.

Ned W. Barton. former assistant eX
aminer in the patent office. today pleaded
guilty to the four indictments pending
against him in conjunction with JOHN 4
Heany. an inventor of York. Pa. and
Henry f. Everding. patent solicitor of
Philadelphia. Justice Gould sentenced
Barton to serve three years in the peni-
tentiary at Atlanta, Ga.
BY .his plea Barton admits that he is
guilty of forging. in connection with
papers alleged to have been substituted
In two applications by Heany for certain
inventions. He also admits that he sub
stituted specifications covering ideas of
later applicants into the papers filed by
Heany. in December 1904. and January.
1909. He also pleads guilty to an indict-
ment charging conspiracy with his CO.
defendants to defraud the United States
In having patents issued to Heany on the
''doctored" specifications.
Barton received the sentence of the
court unflinchingly. He answered firmly
and without any show of emotion the
questions of Clerk Hawkins. He an
he desired to withdraw his former plea
of not guilty and to plead guilty to each
indictment.
Court Gives Advice.
Before passing sentence Justice Gould
told the prisoner tina. he had taken into
consideration his previous good record
and the fact that when the indictments
were returned Barton had come forward
and frankly admitted his connection with
the transaction. 1T would be a waste
of time. said the court, Ito tell you
how sorry l am 10 see a man of your
ability yield to temptation and fall as
you have. But you have the advantage
of youth and a chance to rehabilita, e
yourself after you shall have served the
term of Imprisonment which ] must inn
pose. The sentence of the law is that
you be confined in the penitentiary for
the term of three years"
Barton received the sentence In silence
and walked from the courtroom in Gus
room below. He was later taken to jail.
Attorney 4. E. l.. Leckie, who repre-
sented Barton. sta ed that Baron since
his discharge from The patent office was
employed as an expert by the Teeter-
Heany Company of York. Pa, and lately
by the American Electric Company Of
Philadelphia.
The plea of Barton will not cause a
postponement of the trial against the two
other defendants. Immediately after
Barton had left the courtroom the jury
was recalled it having been asked to
retire pending the pleading Of Barton.
and was sworn as to the other defend
ants. An adjournment was then taken
until tomorrow. Attorney Gibbs L. Baker
Of counsel for Heany said:
The action of Mr.. Barton in pleading
guilty was no surprise to the defense, in
asmuch as his conduct in the patent Of
flee, as disclosed by our investie alton. was
such as to make it clear that his princi-
pa4 aim and object was either to so fasten
himself to this valuable Invention as to
hxa fn
Of it or to destroy the patent for some
personal gain to be derived from COM
peting concerns.
1T cannot be too clearly stated now
charge made against him. and we believe
that not even Mr.. Barton will testify to
the contrary"
Plea Was Voluntary.
United States Attorney Baker today de-
clared that no overtures were made to
Barton by the government, but his deter
mination to plead guilty was announced
by his attorney. Barton made. state
ment in regard to his connection with the
case, voluntarily and without being prom
ised any immunity. He at that time asked
no clemency and was willing to submit to
the decision Of the court as to the term
of Imprisonment TO be imposed.
The case against the other two defend
ants will be tried without regard to the
plea.
Mr.. Baker declined to say whether or
not Barton will be called a witness for
the prosecution, but from the statement
of counsel for the defense it would ap-
pear that they anticipated such a pro-
cedure on the part of the government.
The statement made by Barton. 1T Is said,
cannot be introduced in evidence, unless
he is called as a witness.
Barton will probably not be taken to
the penitentiary until the trial Is COM
pleted. so that he may be on hand if
needed by the government. United States
Attorney Baker also declined to say
whether he would request Warden Har-
r.fS fn defaip ha Y1riSoner the jai1