Rocky Ford enterprise., 1909-01-15
CASHIER Smith
GETS THREE YEARS
Sentence Imposed by Circuit
Judge on Wednesday
PLEA FOR NEW
TRIAL 0VERRULED
Vefendant's Attorney Granted Sixty
Days In Which to File Bill
of Exceptl0nS


Judge R,zer on Wednesday morning
overruled the plea for new trial in the
case Of E. J. Smith. the recently convicted
cashier Of the defunet State Bank Of
Rocky Ford. A dramatic scene was wit
messed at the sentencing. when the Judge
said:
"Mr. Smith, you may stand up.
-You have been found guilty by a jury
in this court Of receiving deposits in the
Rocky Ford State Bank after you knew
that il was insolvsnt. Have you anything
to say why the sentence Of the court
should not be passed upon you at this
tims?"
Smith said he had nothing to say At
present.
Attorney Hofmirs then arose and said:
Il don't know a. can add anything
new 70 the case, but have this TO say in
bshaH Of Mr.. Smith. He Is in = very
peculiar position. Mr.. Smith had no more
to do with the management Of the Rocky
Ford State Bank than the Gar Of Russia.
He acted at all timss under the control of
the president Of the bank. Mr.. Godding.
who is now serving term in the psniten-
tiary for the same offsnss. For the last
two years Mr.. Smith has not been in .
condition physically to attend TO business
in the proper manner. As an evidence OF
this will state that he had private bell
put on his desk for use 50 that when he
felt sinking spell coming on he could
summon help by ringing the bell and thus
~ the alarm that he needed assistance.
After the failure Of the bank. without
consulting any one. this defendant decided
away the last and only piece Of property
he owned for $1,000.
"This was decided to the receiver Of the
bank to be applied to the liquidation of
its debts. Today he stands before you
without cent to his name and with noth-
ing left to support his family. who are to
be turned out on the cold charity Of the
world TO shift for themselves"
81 appeal to you for mercy in this case,
he continued, his frame shaking with deep
emotion. at is doubtful whether the de-
fendans will ever live through even
short term in the penitentiary. From the
beginning OF this case until the present
time at no time has Mr.. Godding ever
asked him, the defendant, for any infor-
nation regarding the affairs Of the bank.
as he knew thoroughly how they were.
.'On one occasion. Mr. Go6dIng. the
president of the bank. approached Smith.
telling him ne had better jump his bond
and skip the country. and that money
would be furnished to make the bond
good. This the defendant refused to do.
saying he would rather rot in the penten-
tiary than do anything dishonest.
From the newspaper reports, Con-
cluded Mr.. Hoffmire, 81 learn that the
governor has materially reduced the SEN
tenes of Mr.. Godding. and think it IS
0e this defendant that he receive the
bkeit Of all the leniensy possible.
Judge Rizer then said:
'In all cases Of this kind when courts
are called upon to pass sentence or
criminal some innocent person must suf-
fer. While this appeals to the court, yet
he must not permit himself to be swayed
from the path of duty.
Neither can the court oe influenced by
what the chief executive of the state has
done in another case. He must do his
duty faithfully as he sees It.
cit is the judgmen: Of the court that
you be taken from the bar Of this court
to the county jail and with al! possible
speed to the state peni,en,iary. %aere you
shall be confined for period of net less
than three nor more than four years"
Mr.. Hoffmire then moved for exceptions
10 the Judgment and was granted so days
L. ,..hieh "a Sla his hill OF erca u;Ions.