Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-13
FRIDAY, The 18Th.
FOR BANKER WALSH
Motion For New Trial Over
ruled and Sentence is Pro-
nounced BY Court
PENALTY FIVE YEARS IN PRISON
Walsh to Be Confined in Federal Pen
itentiary at Fort Leavenworth =
Court Scores Bankers Who Speculate
and Promote Private Schemes With
Funds Entrusted to Them.

Chicago, March 13.-Federal Judge
Anderson today denied the motion for
a new trial in the case of John X.
Walsh, former president of the chi
cago National bank, who was con-
victed of misrepresentation Of the
banks funds. Wstlsh was sentenced to
five years imprisonment i'll the fed
eral penitentiary at Fort Leaven-
worth.
AS soon as the court announced the
decision refusing to grant new trial,
attorneys for the defense entered u
motion in arrest of judgment which
they argued for some time. 1t was
generally thought about the court room
that they would consume two OF more
hours in giving their reasons in grant
ing this motion, but Attorney Hart,
who presented it, ceased speaking IN
about thirty minutes. Judge Anderson
then promptly overruled the motion
and sentenced the banker.
Point Raised Too Late.
Judge Anderson, in denying the mo-
ton, first took uI the question of al
legged non-assent to the verdict on
behalf Of Juror Palmer, reciting cir
cumstances from the records Of the
court, and declaring:
1T can not be said for a moment
r. fI1
dict. To my mind there is but one
construction to be placed upon the
whole matter, and that is that he
assented to the verdict. If it had ap-
peared to counsel for defendant that
he did not do SO, they should either
have asked that the jury be sent back
for further delfberation or that 1T be
discharged. No such request was
made, and the court is therefore justi-
field in saying that counsel took, at
that time, the same view as was held
by the court-that was that the ver-
dict was entirely regular"
The court then further de-
clared that the charges of misconduct
on the part of the jury were not found-
ed in fact saying, that counsel for de-
fense had stated in open court that
they had no objections to offer to what
ever degree of liberty the court might
allow the jury at times when the court
was not in session. This being the
case he declared counsel was barred
from claiming that too much liberty
had been allowed particularly when it
had not been shown that any improper
use had been made of the freedom
granted
Given a Fair Trial.
On the point Of alleged error COM
mitted during the trial, the judge said:
Generally speaking, I want to say
now that this defendant has had fair
trial. Nowhere did the court allow evil
dence to go before the jury which was
calculated to prejudice the case of de-
fendant. In my opinion no reasonable
man could hear evidence in this case
and have any doubt that defendant in
tended to do things that are charged
against him in the Indictment. For
more than thirty years have taken
part in legal procedure as a lawyer
and Judge and it is my deliberate con-
yiction that more reckless, utter dis
regard Of law has never been shown in
q case within my experience. Defendant
was banker ard president of ma
tional bank Proof shows he loaned
to himself substantially seven-tenths
of three-fourths of the entire assets
of this national bank-seyenteen or
eighteen million tlollars-which was in
vested not in properties which had been
developed, but i'll railroads and other
propert es which he hoped to devel-
Oh. The banker was lost in the pro-
moter speculator and railroad man.
The evidence clearly establishes this.
To my mind there has been in recent
times no cleverer demonstration of the
statement that the man who is a bank
er ought to be nothing but a banker,
and that until at least those bankers
who own and manage national banks
understand that when they serve their
bank they can not serve other interests
until that idea prevails, cases Hike
this will probably continue to arise.
Under all the circumstances my duty
appears to me to be perfectly plain,
and this motion for new trial is ov-
erruled."
Stay is Granted.
Judge Grosscup. Of the United States |
circuit court Of appeals. today granted
Walsh supersadeas. and the latter +!
was released ur.der bonds of $4,000
pending a hearing on his appeal