Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1909-1911, 1909-11-05
CONVICTED CHICAGO BANKER DE-
CLARES VERDICT WAS BASED
UPON MISCONCEPTION.
TOO MANY COUNTS CHARGED.
Application Cites That Law Does Not
Permit Defendant to Be Embar-
raised at Trial.
REFERS TO HIGH COURT DECISION.

CHICAGO, Ill, Nov. A petition
for hearing in the case of John r.
Walsh, the convicted Chicago banker,
was filed today by attorneys for the
plaintiff in error in the United States
circuit court of appeals.
The petition on behalf of Mr.. Walsh.
flied by John Miller, Merritt Starr and
e. G. Ritsher, o. counsel for the former
president of the Chicago Nationa. bank,
sets forth at the outset that the opln-
ion of the court in its decision urnoldlng
the verdict of guilty from the cout:
below was based upon a miscon2aptlon
of the case and the rules of law aEp1-
cable"
Gist of the Petition.
The petition submits:
I'm the case at bar, plaintiff in error
was placed upon trial before a single
jury upon an indictment containing $50
counts, each upon its face purporting
to charge distinct offense. In addition
thereto, the trial court admitted in evil
dence hundreds of other transactions
and matters not any part of the transac-
tons counted upon, but admitted upon
the question of intent or other theory.
''It is respectfully submitted that both
the trial court in it's rulings and conduct
of the case, and this court in passing
upon the same, have overlooked the prin-
ciple which was stated and declared to
be fundamental by the supreme court in
Poindexter VS.. United States, 151 u. S.
396, 4O3, that the court must not permit
the defendant to be embarrassed in his
defense by a multiplicity of charges en-
braced in one Indictment and to be tried
by one jury
Based upon this the petitioners sug-
gest that the number of charges or
transactions which may be included in
the trial of a criminal case before sin
gle jury, without error, is limited, and
not unlimited, and that 1.-The number,
when the matter is left to the courts
discretion, may be SO great as to be be-
yond any discretion of the court and pos
ltlvely forbidden, because obviously
traught with injustice or with a too
dangerous probability of Injustice
Points of Error Cited.
The petitioners ask the court to re-
consider the following points of error:
The assignments of error based upon
the repugnancy in the verdict and iudg-
ment, because by the verdict and judy
ment plaintiff in error stands convicted
twice and more for single offense, con-
tutional' rights of person. the assign
ments OF error based upon the charge
and action of the court in submitting to
the jury counts which We're unsupported
and disproved by the evidence and the
issues thereon, and assignments of error
for the admission in evidence sof a null
tiplicity of transactions and matters not
a part of or involved in the transactions
covered by the counts before the jury -
Guarantors Of the Walsh note for ST.
100000 Chicago clearing house, it was
learned today have transferred $1,000
GOO in real estate to the First National
bank, as agent for the clearing house,
to secure the interest on the note.
This interest, running over 81 900 per
annum, was recently defaulted. Income
from the property turned over will pay
this interest, and care for further similar
charges.
Walsh's Close Friend Dies.
John NJ. Smyth, a pioneer millionaire
merchant and politician of Chicago, who
has been i'll of pneumonia for week or
more, died at his home today. MI.
Smyth, who was a close business associ-
ate of John r. Walsh, and is said to
have suffered impaired vitality by work
ing night and day in an endeavor to help
straighten out Walsh's tangled financial
affairs.