Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-06-23
W. BARTNETT
FOUND GUILTY
JURY RECOMMENDS MERCY OF
COURT
JupeETo PRONOUNCE SENTENCE
JUNE E 80
Main Attempt of Defense Is to Place
Blame on J. DaIzeIl Brown, Who
Is Serving Sentence for
Similar Crime
BY Associated Press.


SAN FRANCISCO, June 22.-Walter
j. Bartnett. former vice president of
the suspended California Safe Deposit
and Trust company and administrator
of the estate of Mrs. Ellen M. Cotton,
this afternoon was found guilty OF en-
bezzling securities and bonds owned
by the estate to the value of $31, 700.
The jury was out less than fifty min
utes and reached a verdict on the first
ballot.
Bartnett was recommended to the
mercy of the court and Judge Conley
fixed 10 a. m. Tuesday, June 80, as the
time for pronouncing sentence.
The greater part of the day was oc-
cupied with the closing arguments Of
the prosecution and defense. Assistant
District Attorney William Hoff Cook
spoke for the people during the morn
ing and was followed by Attorney Os-
car Cooper for Bartnett. Attorney
Seary made the principal argument
in the afternoon and Mr.. Cook closed.
Mr.. Cook quoted from the second
count in the indictment, charging Bart
nett with embezzlement as bailee, say
ing 1t had not been proved, as Bart
nett himself did not steal the money.
Cook pictured Bartnett as coward
who carried on his nefarious dealings
behind J. Dalzell Brown and his own
brother-in-law. James Treadwell.
The main attempt of the attorneys
for the defense was to place the blame
on Brown, the convicted manager of
the institution.
Jury Out Short Time
Judge Conley concluded his charge
at 5 o'clock and the jury retired few
minutes later They had been out but
twenty minutes when they sent into
court for the letters written by Bart
nett to j. Dalzell Brown in New York.
AS some portions Aof the letters were
not admitted in evidence 1t was neces-
sary to copy the extracts, and ten min
utes were required to do the work.
When the jurors received the required
evidence deliberations were again re-
sumed and 1t was but a short time later
when they filed into court to render
their verdict.
Foreman william Crocker announced
that the jury found Bartnett guilty on
the first count in the indictment and
not guilty on the second. He conclud-
ed with plea for leniency.
Bartnett received the verdict coolly,
showing little emotion. The court room
had been thronged all day and many
spectators fingered to await the action
of the jury.
Judge Conley asked Assistant Dis
trict Attorney Cook to agree to the de-
ferring of sentence until such time
as action should be taken in the other
indictments pending against Bartnett
Mr. Cook replied that as assistant dis
trict attorney he had no intention of
further prosecuting Bartnett, and un-
less he received instructions to the
contrary from the district attorney the
indictments would take the same
course as those against J. Dalzell
Brown. There is no intention of pro-
ceeding with any other charges against
Brown.
AS Judge Conley is called away Fri
day to try a case out of town, he set
Tuesday as the time for passing sem
tence.
Bartnett, who has been out ON $780,
600 bail. was allowed to continue his
liberty. The convicted financier left
the court room in the company of one
of his sureties.