Los Angeles herald., 1908-03-14
AGED BANKER
SENTENCED TO
PENITEN7LARY
NEW TRIAL FOR WALSH Is
DENIED
FIVE YEARS TERM IMPOSED ON
cHIcAGoAN
Judge Anderson Refuses to Grant
Stay, but Higher Court Acts Fa-
vorably and Defendant Is
Released on Bail
Ry Associated Press.

By Associated Press,
CHICAGO, March 13.-John r..
Walsh, former president of the Chicago
National bank of this city, who was
convicted of illegal use of the funds of
the institution, was today denied new
trial by Judge Anderson In the United
States district court, and was SEN
fenced to serve five years in the federal
Wrison at Fort Leavenworth.
AS soon as the court had announced
the refusal to grant a new trial, the
attorneys for the defense entered a mo-
ton in arrest of judgment, on which
they argued for some time. 1t was
generally thought at the court room
that they would consume three or four
hours stating their reasons for the
granting of this motion, but Attorney
Hart, who presented it. 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.
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-assent to
the verdict by Juror Palmer, reciting
the circumstances from the record of
the court, and declaring:
No Dissent Shown
"It cannot be said for 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 assented to the YER
dict. If it had appeared to counsel for
the defendant that he did not do so,
they should either have asked that the
jury be sent back for further delibera-
tion or that it be discharged. No such
request was made, and the court is
therefore justified in saying that coun-
sci took, at that time, the same view as
was held by the court, and that was
that the verdict was entirely regular"
The court further declared that
charges of misconduct on the part or
the jury were not founded on fact, say
ing that counsel for the defense had
stated in open court that the had no
objections to offer to whatever degree
of liberty the court might allow the
jury at times when the court was not
in session. This being he case, he de-
clared counsel was barred from claim
ing that too much liberty had been al
lowed particularly when it had not
been shown that any improper use had
been made of the freedom granted.
"It is claimed by the defense that
while in a variety theater one of the
of an actress. What that has TO do
with this case 1 cannot imagine, and
why dignified counsel should bring it
into this case is beyond my apprehen-
sion. 1t has no logical or possible re-
lation to the deliberations of the jury"
On the point of alleged error COM
mitted during the trial Judge Anderson
said
Fair Trial
Generally speaking, l want to say
now that this defendant has had fair
evidence to go before this jury which
was calculated alone to prejudice the
case of defendant.
''In my opinion no reasonable 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 lave TAX
en- part in legal proceedings as lawyer
conviction that more reckless utter
disregard of law has never been shown
in any case within my experience.
Judge Anderson then overruled the
motion for 4 new trial.
The defense made a motion in arrest
of Judgment. but after Attorney Hart
had spoken for thirty minutes the court
interrupted him, saying:
81 think you may place those matters
before the court of appeals. Mr.. Hart.
You are making no showing here
The court further decreed that all the
count; in the indictment be served con-
currently and further directed that the
defendant pay the entire cost of the
trial.
An application was immediately made
TO Judge Grosscup of the United States
circuit court of appeals for a writ OF
supersedeas, which was granted ana
Walsh was released under bonds OF
s5o,OOO pending the hearing of his ap-
peal.