The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-03-25
|. ]. SMITH
IS CONVICTED
Jury Returns Verdict in
Short Order.
TRIAL ENDED QUITE SUDDENLY
Defense Put One Witness
on the Stand.
Motion to Direct the Jury TO Return
n Verdict for the Defendant Was
overruEsi-Arg'mcms Consumed
But Little Time--Court News.

Loring ]. Smith was Thursday aft
ernoon, found guilty OF embezzlement
of $19S from the Ohio Milling and Ell
evator company, by jury in the
court of common pleas.
The jury retired to its room short
ly after two o'clock and the verdict
was announced at five o'clock. The
jurors went thoroughly over the evil
dence and few ballots were taken be-
fore each of the twelve men voted
guilty"
AS soon as the sentence was pro-
nounced, counsel for the defendant
gave notice of the filing of, a motion
for new trial. If this motion is ov-
erruled the case will be carried on
error to the circuit and thence to the
supreme court.
L. j. Smith was paler than usual
when the verdict of the jurors was
announced, but otherwise he ap-
peared to have the same Indifferent
air that he bore throughout the whole
proceeding.
Bond for the prisoner was fixed at
$1,000 and was Immediately fur
nished and Smith was once more re-
leased from custody. The circuit
court will not meet until September
and If that court affirms the common
pleas then It will be at least year
longer before the case is passed on by
the supreme court.
Judge Babst deferred the passing of
sentence upon Smith until the end of
the week. The offense is punishable
by penitentiary sentence of from
cretion of the court.
l.. J. Smith was secretary and gen.
eral manager of the Ohio Milling and
Grain company. He was really the
original promoter of the company and
helped to secure stock subscriptions.
From the first the company did a
business and dividends
were declared. Then suspicion point
ed toward Smith when the real finan-
cial condition of the concern became
known. An investigation of the
books showed that Smith was short in
his accounts between $4,000 and
$1,000, although only part of this
could be proved because several
sheets of loose leaf ledger were
missing at the time Smith was ac-
cused of embezzling the company's
money.
The grand jury at the term of court
folio wing Smiths arrest returned sew
en- indictments against him. Each al
legged a separate embezzlement. The
defendant was tried on the first of
these this time and convicted. II
found guilty and given the limit sem
tence on each Indictment he could be
imprisoned for 20 years.
Attorneys for the defendant are
confident that the case Will be re-
' ersed in the higher courts, claiming
that the crime Of embezzlement was
not proved because the books of the
company do not show that Smitn was
employed and had charge of the COM
pany funds in judiciary capacity.
Prosecutor Justice and others main
tain that the act of transferring by
check $19S from the company's funds
n the Marion Savings Bank and plac-
ng the money to his own account at
The City National Bank, constituted
The real embezzle-
nent occurred when the money was
used at the city National Bank, at
smiths direction, to apply on interest
owed by him on note.
A motion for new trial was filed
.oday by Attorneys Scoheld and
Ourfee representing Loring j. Smith,
who was yesterday found guilty OF
by jury in the court
If common pleas. The motion al
eges that there was error in the adj
mission of evidence. that the court
,rred in not sustaining the defend
lnts motion TO direct a verdict and
hat the state failed to prove the
rhine alleged in the indictment.
The motion will be heard in the
lear future.