Evening star., 1908-01-18
IN CHICAGO THIS MORNING
Sequel to Trial for Misappropriating
Bank Funds.
JURY OUT SINCE THURSDAY
Penalty Is Imprisonment for Period
of Not Less Than Five Years
on Each Count.


president of the defunct Chicago National
Bank. was today found guilty of misappro-
priatng the funds of that institution. The
jury, which had been considering the case
since Thursday afternoon, reached an
agreement shortly after 3 o'clock this
morning, but the verdict was not an
nounced until after court reconvened at
10 o'clock
The penalty under the law for the crime
of which Walsh was convicted is impris
onment for period of not less than five
years on each count. 1t does not permit
of the substitution of fine for the prison
term.
He was found guilty on ffty-four
counts.
The original indictment contained 1872
counts. Demurrers were sustained as to
32 counts, which left $50 upon which the
jurors were required to pass.
The verdict was read by the clerk of
the court at 10:17 Immediately after the
reading OF the finding attorneys for
Walsh asked that the jury be polled. This
was done.
Walsh Present in Court.
Walsh was present in the courtroom
and received the verdict with little show
OF emotion. On the contrary one of the
jurors. Albert Palmer of Harvard, H.,
burst into tears as he took his seat in the
jury box and was SO overcome during the
proceedings that he was scarcely able to
answer the clerk when asked il the find
ing represented his view as to the guilt
of the defendant.
As the clerk read off the names the
jurors in turn answered his question in
the affirmative. When it came Palmers
bowed, swayed as though about to fall.
and muttered something behind his hand.
Not until the question had been repeated
third time did the juror control his feel
ings sufficiently to reply.
Motion for New Trial.
Formal motion for an ew trial was made
by Attorney John S. Miller, and Judge
Anderson set the hearing of the argu-
ments for January %. Walsh was al
lowed to remain at liberty on the same
bond-$5O, ,OOO1Which had been given after
his Indictment by the federal grand jury.
John r. Walsh. the aged defendant, ar
rived in the courtroom ten minutes before
the jury entered, and sat chatting with
his attorneys and personal friends at the
same table that he had occupied through
out the progress of the long trial. He
seemed in the best of spirits, and looked
more unconcerned than any of his attOr-
neys
From appearances he and his attorneys
were confident of an acquittal. Suddenly
the door opened and Judge Anderson.
looking pale and worn. entered and pro-
ceeded to the bench. Several minutes
later after bailiff had held a whispered
consultation with him. the jury was
| brought in and court was convened
Jurors in Court.
AS the jurors took their seats every one
-, no ar.
vantageous positions. Walsh leaned for
ward and eagerly scanned the faces of
the jurors All of the jurors appeared
unmoved with the exception OF Palmer.
and his state of mind was. noted by
Walsh and his attorneys. \ moment later
the verdict was read by the clerk of the
court Walsh sat moti6nless and the
crowd OF spectators was hushed with
suppressed excitement.
After the reading of the verdict and
the moving for new trial the defendant
arose from his seat and was Immediately y
surrounded by scores of friends who
pressed forward TO shake his hand and
speak a word of sympathy. He received
each Wit, a smile, but refrained from
making any comment.
Have YOU anything to say in regard
to the verdict?" he was asked.
Not a word" he replied with dignity.
A few minutes later he left the court
room With his attorneys and disappeared
in the orowu that thronged the corridors
about the courtroom.
Arguments for New Trial.
Attorney John S. Miller, pressed for an
| expression of opinion as to the verdict,
replied that he had nothing to say.
I'VE will be very busy for the next few
days preparing our arguments for a new
/ tr.al ~ this is denied we will appeal the
case - the highest court in the land.
The emotion shown by Juror falmer
| upon the polling OF the jury caused a
I hutter of excitement among the specta-
| tors As the juror sank into his chair,
| ourying his face in his hands. Attorney
| Miller Rose 10 his feet and demanded that
1 the juror be further questioned.
/ Mr.. Palmer. is this your verdict?'
asked Judge Anderson. Answer me-.
Juror Palmer Affected.
| Palme- nodded his head weakly in the
| affirmative and made a reply. inaudible
| to any but the court.
| Il suggest said Attorney Miller, that
| Mr. Palmer be required TO repeat his
| answer.
7 That is not necessary replied Judge
! Anderson RE has answered Yes
One OF my associates said Mr.. Mile.
| 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 tn
| court. ANY juror underst anGS that when
| he signs a verdict and has agreed to il
| he has TO say that he did So.
/ The remainder of the jurors were polled
and each answered boldly in the af-
firmative.
| Later the judge expressed To the jurors
| his appreciation of their long service as
jurors, congratulated them upon the man-
ner in which they had attended to their
duties, and declared that he felt con-
tident that they had reached their con-
| cluson without any influences from the
outside. He then discharged them
| The jurors remained in their seats until
adjournment of court. When he had spck-
en- his final words to the jurors Judge An
derson turned 10 Mr.. Miller and asked
whether ne had any motions to make.
IL the court please. we desire To ente,
motion for new trial. ne replied
You may note your motion now and file
formal application later. ] will hear ar
guments on the motion one week from
next Tuesday.
Court was then adjourned.
History of the Case.
The charge against Walsh grew out OF
the closing in 1908 of the Chicago Nation
al Bank, of which Walsh was president
and its allied institutions. the Home Saw.