The Montgomery advertiser., 1908-01-19
BANKER WALSH FOUND GUILTY Verdict Received With Little Emotion. 4 JUROR BURST INTO TEARS
 - This Incident Caused a Flutter of
 Excitement. Sentence Was Not Pronounced on Aged Defendant, owins te . Motion for New Trial Which
 Was Filed.
A JUROR BURST INTO TEARS

former presiuent of the Chicago Na- uonaI banK, which closed it's doors in DecemDer 1905, was found guilty to- day on nfty-tour counts of the inaict- ments against him. charging misap- plication of the banks funds. The ver- dict was returned by jury in the Fed eral District Court here.
 Walsh was permitted to remain at liberty under the bond furnished by him after the indictments nad been re- turned against him one year ago to- day. pending the hearing of arguments on January 24. on a motion by his counsel for q new trial
 The penalty fixed by the statutes for the ofEense of which the aged finaneier was convicted, isrimprisonmens for not less than nve years or more than ten for each count upon which his guilt was established. <
 The reading of the verdict was fol- lowed by scene intenseiy dramatic. When the jury was boiled at the re- quest of Attorney John s. Miller, of counsel for the defense. Ebert Palmer, juryman from Harvard. Ills. was overcome by emotion and wept as he signihed his acquiescencs In the finding. He sat with head bowed upon his hands during the preliminary proceedings and failed to rise to his feet as the others had done to reply to the interrogation by the clerk Was this and ia this now your verdict2"
 One Juror Weepes
 A bailiff touched his arm when his turn to answer came. He apparently had not heard the question and 1t was repeated. Palmer arose and stood un- steadily with eyes downcast and nut tered something unintelligible+ to the court and attorneys Under prompting by Judge Andersons the juror then re- piled with apparent effort at self-con- trol and while the tears coursed dawn his cheeks: 'sEes, under the instruct ions as interpret them" When the poll was completed, Palmer was further questioned by the court at the request of Attorney Miller and m answer to the 'oleation previously put to him. replied: 1T have to say yes"
 1t developed later that Palnasf was largely responsible for tAe long de. liberation of the Jury. So insiskent was he thAt Walah should be- aeaulftsa thaf he forced his fellow jurors to take sepafate ballots oh every one of fns' 15O counts in the Indictment .s
 s.EJa fs such an old man. over 70 wears is said to have beeh the cohs stant plea of Palmer He was. teGn-. nicaily guilty hut none of his deposit ors lost and what IS tne I use a. sSn1- St- ing an old man to prisong ne IS quot- ed as having urged upon the otner S,,rors lime after time. He is said to nave wept at times in the jury room as be be9red the others to consider the age of the defendant and have com Waish the subject of his compassion, wbn aat at a table surrounded Dy nAs sttornevs. appeared less moved py ytns ses,,it of the long trial than almosr anyhoav else concerned. He was inl- mediately surrounded by score s "a personal friends, who pressed IoEMa,u ..., tn offer words of sympathy and eneo0I' s,.,s,,. so ,ro thia. he made brief re- ssies' srniling faintIy as he shook the proffered hands.
 TFaa No COmmenf.
 Appealed to for an expression opinion as to the finding. he saia'
 "The flight has just begun ! haVe nothing further to say"
 Almost immediately he left the court
 9,ha verdict was the result of nearly thirty-six hours deliberatIon on thei part of the jurors. After having re- tired at o'clock. on Thursuay.f tnere was no indication that a decision was near until about o'clock this mornlhs when a request for pen and paper was SolIowed by the announcement that d xArdict had been reached. This. how ever, was all that was positively known until the announcement was maae n court.
 tton by Attorney Miller for new trial. Judge Anderson granted permission tor the a1inR of the motion and said that inc attorney would be permitted to make the formal application later, and that he would listen to arguments on tho same on January z6.
 The charge against Walsh grew out fo the closing, in 1905. of the Chicago National Bank, of which walsh was President and it's allied tnstitutions' the Home Savings Bank and the Equit- able Trust Company. Walsh was ac- cused of having loaned Iunas Q. tnsss nn institutions aggregating some sle,ooO.- 900 on fictitious and tnsufficientiy ss- cured notes to nearly 9 score of Jstrug- piing enterprises which he himself had founded and practically owned. Many of the notes 1t developed at the trial, were signed. without authority; m the names of various employees of Walsh.
 The directors of the bank testined that they were not consulted by Walsh as to the making of these loans ano - that they knew nothing of them. Fwen- tv-six of the notes were described as '.memorandum notes" and they formed one of the chief features of the trial. They represented more than S2,00o 900.
 Claim of Self Defense.
 The defense took the ground that all the walsh enterprises were built up in order to save and protect original loans made by Walsh in good faitn.
  did not hold the controlling interests fin the corporations which profited by inc loans, but that the Chicago Ma ttonal Bank held 1t. Walsh being only a trustee and eonservator of the banks interests. Walsh admitted nearly all of the transactions charged to him. but clung to the defense that all he did was for the good of the bank and concerns he headed and that all of the loans proved good.
 In standardization of the latter claim, tba defense offered evidence to show that since the closing of the banks walsh had bought back the collateral taken from him by the clearing house banks. amounting to SI.OOO'OOo. giving payabie fin five years. The collateral released. walsh was able to go ahead with the building of his railroads. An other fact brought out was that the associated banks of Chicago took a