The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-03-14
FIVE YEARS FOR
BANKER WALSH
Failed to Get New Trial Be-
cause Juror Removed Garter
of Actress.
JUDGE ANDERSON'S OPINION
GUILT OF DEFENDANT ESTAB-
LlsHED BEYOND DOUBT.
JUDGE ANDERS0N'S OPINION

/
} Former president of the Chicago Ma
tional bank of this city, who was con-
victed of Illegal use of the funds of the
] institution, was today denied new
| trial by Judge Anderson in the United
| States district court and sentenced to
! serve five years in the federal peni-
| tertiary at Fort Leavenworth.
| As soon as the court had announced
( the refusal to grant new trial, the at
| torneys for the defense entered a mo-
ton i'm arrest of judgment on which
! they argued for some time. 1t was gem
orally thought about the court room
| that they would consume three or four
more hours stating their reasons for
the granting of this motion, but Attor-
ney Hart who presented il, ceased
speaking in about thirty minutes.
Judge Anderson then promptly over
ruled the motion and sentenced the
banker to FIVE years in Fort Leaven-
worth
Conclusions of the Court.
Judge Anderson in denying the mo-
ton for a new trial, spoke without
notes, his decision requiring about one
hour in delivery. He first took up the
question of the alleged nOn-dssent to the
verdict of Juror Palmer, reciting the cir
cumstances from the record of the court
and declaring: 1T cannot be said for
a moment that Palmer dissented from
the verdict To my mind there is but
one construction to be placed upon the
whole matter and that is that he as
scented TO the verdict. If it had appear
ed to counsel for the defendant that
he did not do so, they should either have
asked that the jury be sent back for
further elaboration or that it be dis
charged.
An Afterthousht.
mo such request was made, and the
court is therefore justified in saying
that counsel took. at that time, the
same view as was held by the court
and that was that the verdict was en-
tirely regular"
The court further declared that
charges of misconduct on the part of
the jury were not founded on fact, say
ing that counsel for the defense had
stated i'm open court that they had no
objections to offer to whatever degree
of liberty the court might allow the
jury at times when court was not in
session. This being the case, he de-
clared that counsel was barred from
claiming that too much liberty had been
allowed, particularly when ii had not
been shown that any improper use had
been made of the freedom granted
Different Kind of Misconduct.
1T is claimed by the defense that
the alleged fact, that while in variety
theatre. one of the jurors in this trial
removed the garter of an actress. What
that has to do with this case I cannot
imagine. and why dignified counsel
should bring it into this case is beyond
my comprehension 1t has no logical
or possible relation to the deliberations
of the Jury.
Much has been said about the incon-
sistency of the verdict, il being claimed
that the defendant was found guilty
upon several counts which charge the
same offense to have been committed
in different ways. 1t seems TO me that
the verdict covers all the points in the
case and that there has been no incOn-
sistency as alleged"
Walsh Had Fair Trial.
On the point of alleged error COM
mitted during the trial, Judge Anderson
said.
Generally speaking, / want to say
now that this defendant has had a fair
trial. Nowhere did the court allow evil
dence to go before this jury which was
calculated alone to prejudice the case
of the defendant.
IN my OplliOur llO ItdSOiidDit man
could hear the evidence in this case and
have any doubt that the defendant in
tended TO do the things that are charged
against him in the Indictment. For
more than thirty years, l have taken
part in legal procedure as a lawyer and
a judge and il is my deliberate convic-
ton that a more reckless, utter disre-
gard of law has never been shown in
any case within my experience. Feel
ing thus it was with considerable mis-
giving, if l may so@speak, that | sat
here yesterday for more than three
hours and heard counsel for the defend
ant argue that the government had
failed to show criminal intent.
Truth of the Matter.
Il had occasion to say in ruling upon
a motion made by the defendants cOun-
sci that no man can serve two masters.
To nv mind that is the key of this
whole situation. The defendant was
Continued on Page 2.