La Junta tribune., 1909-01-16
Cashier Smith Sentenced.

E. J. Smith. cashier OF the defunct
Rocky Ford State Bank, was sentenc-
ed last "Wednesday morning by Judge
Rizer to the state penitentiary at
Canon City for term OF not less
than three nor more than four years.
When court convened that morning
In adjourned session 1t was nearly
noon before Judge Rizer took his seat
upon the bench. and after disposing
of few preliminary matters, he
called the case OF the People vs.. +.
ed OF receiving or consenting to the
reception of deposits after he knew
the bank to be in an insolvent con-
di,ion.
/ "Mr Smith will take his place
! before the bar of the court" said the
Judge. and as the defendant, with
bowed head complied. he was asked
liz he had anything to say before
sentence was passed upon.
Il have nothing to say. your hon.
or" replied Smith in calm tones,
and at this juncture Attorney Hoff-
mire arose and addressed the court
|. on behalf OF Smith, making one of
the most eloquent and pathetic ap-
peals for mercy ever heard In the dis
trict court room. Mr.. Hoffmire de-
clared that his client had never made
a loan or a scratch OF pen that
the president of the bank did not
know all about. and he was no more
! res sponsible for the failure OF the
Rocky Ford bank than the Car of
Russia Smith had been a sick man
( for two years. and when in the bank
during the six months previous to
the failure had always mad a bell ON
his desk which he utilized TO sum
mon assistance whenever he had
premouition of the fainting spells,
with which he was afflicted, coming
on. Mr.. Hoffmire created some what
OF a sensation by making the decla-
ration that only upon one occasion
since the failure of the bank had
Smith had conference with God
ding, and on this occasion Godding
made an effort to induce him to
Jump his $4,000 bond, offering TO
provide the funds necessary TO make
| his escape to some foreign country.
Smith absolutely refused to consider
the proposition, and declared that he
would spend the remainder OF his
/ days in the penitentiary. il neces-
sary, rather than prove false to the
friends that had gone on his bond.
Mr.. Hoffmire further stated that
| Smith had decided a residence worth
Sll 900 to the receiver of the bank.
and that at the present time he and
/ his family were practically destitute
and without cent in the world. He
also thought that his client was en-
titled TO the greatest consideration
| for mercy from the fact that God
ding had recently been the recipient
/ of executive ciemency and his SEN
tence commuted from ten to two and
one-half years.
Judge Rizer was evidently not
much pleased with Mr.. Hoffmire's
parallel for clemency," and stated
that he would in no way be influ-
ancsd by any act of the chiof ex-
ecutive. as 1t had nothing to do with
the guilt or innocence Of the defend
ant at the bar. II judges were ac-
tuated by pleas for sympathy. half
/ the criminals in the penitentiary
would be at large. Judge Rizer then
instructed the sheriff to take Mr..
Smith from the Tar Of the court to
the county jail. and with all conven-
| lent speed to the state penitenffdry
at Canon City, there to be confined
for a period Of not less than three
years. nor more than four years.
Mr.. Hoffmire gave notice Of an ex-
ception to the judgment of the court.
and was given twenty days to petit
tion for a supersedeas and make an
appeal to the supreme court.