The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1908-03-19
WALSR'S SENTENCE
. IS FIVE YEARS
Judge Anderson Refuses to
Grant New Trial to Chicago
Banker.

Chicago, March 16.-FederaI Judge
Anderson today denied the motion FOR
o new trial in the case OF John r.
Walsh. former president Of the Chicago
National bank, convicted Of misappli-
cation OF the banks funds.
MIR. Walsh was sentenced to Ave
years Imprisonment in the federal pen
ltentiary at Fort Leavenworth. AS
soon as the our announced the decis-
Ton refusing to grant q new trial, the
attorneys for the defence entered mo-
ton for arrest Of judgment, which
they argued for some time. II was
generally thought about the court room
they would consume two or more hours
giving their reasons for tho granting
OF this motion, but Attorney Hart, VIII
presented 1t. ceased speaking In about
80 minutes.
Judge Anderson then promptly over
ruled the motion and sentenced the
banker.
Judge Anderson. In denying he mo-
ton, first o Up the question OF alleged
~nonassent to verdict on behalf OF
Juror Palmer. reciting circumstances
from the records Of tho court, and
declaring:
TT cannot be said for q moment
that Palmer dissented from the verdict.
70 my mind there is but n construc-
ton to be placed upon the whole mat
ter. and that is that he assented to.
the verdict" The court further de-
clared charges OF misconduct on the
part OF the jury were not founded
on fact. On the point OF alleged err
ror committed during the trial, tho
Judge said: -
Generally speaking. ! want to saw
that this defendant has had a fair
trial. Nowhere did the court allow
evidence to go before the fury which
was to prejudice the case
w the defendant. In my opinion, no
reasonable man could hear the evidences
IN this case and have any doubt that
the defendant intended to do the things
that arc charged against him in the
Indictment" a
For more than 30 years 1 have taken
part in legal procedure as lawyer and
Sudge, n 1t is my deliberate con-
Viction that mo~e reckless and utter
disregard OF law never has been shown
IN a case within my experience. The
defendant was a banker, and president
OF q national bank. The proof shows
he loaned TO himself substantially
seven-tenths or thre%e-fourths of the
entire assets Of this national bank
81, 00o, 900 or $1S,0 00, 900, which was In
vested not In properties which had been
developed, but in railroads and other
properties which he hoped to develop.
The banker was lost in the pro-
moter. speculator. railroad man. Evil
dence clearly establishes this. To my
mind there has been In recent tines
no clearer demonstration of the state
n1ent that q man who is a banker ought
to be nothing but q banker, and that
until at least these bankers who own
and manage national banks understand
that when they serve their bank they
cannot serve other interests-until thar
idea prevails, cases like this win prob
ably continue to arise.
Under all circumstances MI duty
appears to me to be perfectly plain, and
this motion for a new trial IA over
ruled"
Judge Grosscup, Of the United States
circuit court OF appeals today granted
Mr.. Walsh a s~upersedeas. The halter
was released under bonds Of $4,000
pending the hearing OF his appeal.