The San Francisco call., 1908-07-02
BARTNETT GIVEN
LIMIT: 10 YEARS
Judge COnIey Rules, However,
That He May Be Admitted
TO Bail

Almost without visible emotion, Wal
ter J. Bartnett stood yesterday morning
calmly before Superior Judge Conley
of MADEIRA county presiding Tor Judge
Carroll Cook, and heard himself SEN
fenced to ten years Imprisonment In
San Quentin penitentiary for his part
Ia the enlbezzlement of the Cotton Sc
curities. one Of the sordid chapters
IN the wrecking Of the California safe
deposit and trust company.
As he sat down listlessly at the con-
clusion of the words Of the court, he
drew from his pocket little black
bound book on Spiritualism. Reading
il with absorbing interest, he seemed
10 forget all else. Even when Judge
Conley ruled that he was entitled TO
bail pending an appeal TO the ap-
pellate court his face only frightened
for a second, before his eyes again
sought the printed pages. He read un-
I'll he had finished a chapter before he
closed the book and slipped II back
into his pocket.
Once during the court session his
eyes rested on the face Of James Tread
well. named by the prosecution as the
man in whose hands Bartnett, Brown,
and the lesser actors in the drama were
the catspaws, handled as he willed,
but there was neither welcome nor re-
proach in the glance.
Immediately after sentence had been
pronounced Attorney Thomas Geary
gave notice Of an appeal and asked that
his client be allowed his release on bonds.
With the stipulation that the amount
should be on surety bonds Of 100000,
Judge Conley assented TO this despite
the protest Of Assistant District At
tOrney Hoff Cook, who declared that it
would be contrary TO all the precedents
Of the San Francisco superior courts.
To this Judge Conley replied that II was
a precedent Of his own that a prisoner
was entitled to bail until his case has
been decided by the highest court.
Although Attorney Geary promised to
have the surety bond ready this morn
ing, the district attorneys office Is con-
6dent that Bartnett will not be able
10 induce any surety company TO go
on so heavy a bond.
Judge Conley began his remarks with
few preliminaries at 9:45 O'Clock. The
court did not order Bartnett to stand,
but of his own accord the prisoner rose
TO his feet. Judge Conley said:
Tho jury in this case returned a verdict of
guilty as charged in the first count Of the in
dicmenr. but recommended the mercy Of the
cOlrt ia the rendition OF the sentence. / have
tried 10 reconcile myself with the view that
light sentence would perhaps meet the end Of
Justice, but ] have NOT been able TO do so.
Gm of 5he belief that the jury made this recon-
ulenCati tiOn on tie evidence. and particularly upon
the comments Of the attorneys for the defense
that the prisoner personally never had used any
Of fhe funds But IL is not necessary under the
law that you should have done The sale
MADE under your direction. You have enjoyed
reputation for honesty and integrity that
recommended ron to the confidence Of Mrs Col
ton. You violated that confidence. Ii is there
fore the Judgment Of the court that you be
sentenced 10 serve 10 years in the states
prison at san Quentin.
In resisting the release of Bartnett
on bail pending appeal Hoh Cook de-
clared that 1T had been an established
rule Of the superior court never so to
release a prisoner, and quoted decisions
of the supreme court to the same ef-
feet.
I am always Of the opinion" said
Judge Conley In reply, that every Of
Tense is baIlable. until final convic-
tiOn. If the appeal OF the prisoner
should be well taken in the higher
court, he might have TO suffer confne-
ment for year or more pending the
appeal. II tie appeal should be de-
MED, then year or more of confine-
ment would be added to the sentence
which is already the maximum. This
has always been my practice"