Golden Valley chronicle. (Beach, Billings County, N.D.) 1905-1916, 1909-07-23
DECLARED HIS
Innocence
chas. chadderdon, Before Being
Sentenced, Calls on Disty to
Witness His Innocence
GIVEN IS MONTHS At BISMARCK

UIveN ] D NUN lhS Al bINmAhGk
Court convened Saturday, per-
suant to the adjournment of June
9Th, for the purpose of hearing
motions for a new trial or an ap-
peal in the case of the State against
Chas. E. Chadde rdon. who was
found guilty Of embezzlement.
Judge w. C. Crawford. Court
Stenographer Richard Bolger,
John Keohane for state, and j.
DeNoyer for defendant were in
attendance.
Counsel for defense moved for
an arrest of judgment on the
ground of ambiguity of the text
of the information; overruled.
Application was made for a new
trial on statements of error: Coun-
sci argued that no proof was given
by the MINI. & W'n CIR. Co.'S own
ership of the property taken; that
"duplicity" in the states exhibit
of an account several differ
ent embezzlements were aggregat-
ed to make one offense, would
ground a re-trial of the case.
Mr.. DeNoyer cited authorities up
holding his case, and Mr.. Keohane
cited authorities for his conten-
tion that it was, to all intents and
purposes, one embezzlement.
The court denied the motion for
a new trail saying that the grain
company showed conclusively their
ownership, and that the Secretary
Of States certificate showed their
corporate existance; that, in as
much as there was no specified
time for an accounting Tor at least
that time had no arrived) there
could be no way Of determining a
shortage except by calling a cut
off, would make it one crime rather
than series Of crimes.
Upon being asked to stand and
state why sentence should not be
passed upon him, Chardderdon
arose and made an imprisoned plea
for mercy, calling on the Diety to
witness his innocence, pleading
the love of family and their help
lessness, for leniency. He stated
his ignorance of law and freedom
from any previous trouble as the
cause for his then embarrassed
position, and that the incriminat-
ing account book was in his own
hand writing, made up of loose
memoranda but under coercion
an that he had been mislead and
bullied from the beginning.
The court ordered him to stand
and receive sentence. Mr.. Chadd.
erdon arose. In passing sentence
the court said he was satisfied Of
the defendants guilt, and that
there had been a fair trial. jury
above the average of intelligence,
and that the prisoner had had per.
feet defense. The crime of EN-.
bezzlement was held worse thar
that Of highway robbery. for that
might be perpetrated under stres:
of circumstances, and a man rar
great personal risk in robbine
others forcibly, while embezzle
ment was robbing an employer wht
trusted the honesty of the employ
ed; that our great institution O,
business was founded primarily
on a fiduciary relationship and it,
violation meant business run. TIL,
court opined that Chadderdon wa.
not a hardened criminal and tina
his better instincts would rise ant
he reform, even contrary to tn,
generality Of parallel cases. Mr.
Crawford also said that his ple,
of being a man with a family
upon whomthe blight would also fal
was thought that was too late il
coming; he should have though
of that before-there was time, fo
this crime is not committed a
once or in heat but is a gradua
abstraction of funds from time t