Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-18
WALSH LOSES
IN SUPREME
COURT
THE PETITION or CHICAGO
CONVICT BANKER DENIED
Undismayed Defendants Law
yerS Renew Fight TO Save
Client From Prison. Trial
Jurors Accused of Misconduct


JuIOlo ACCUSED Ol WlSCOllQuCl
tBy Morning journal sneclai Lcnsed wirel
Chicago, Jan. IA rev hours att
ter John r. Walsh, former president
OF the Chicago National bank of Chi
eago and railroad promoter who was
convicted of nisapplying tue funds og
the bank, had received word froir
Washington s1day that the tlnued
[ states supreme court had denied his
petition FOR 4 writ cf ccrtiorari, he
took another step 20 obstruct his SER
vice of 1--WE years in the federal prisol
at Leaveuworth Kan. He filed pc
tition in the United States circuit
court OF appeals asking that ii ask
the United states district court to
grant a new trial lie charged tho
jurors who convicted him with mis-
conduct. 4 decision on the appeal
is TO be handed down tomorrow
While Mr.. Walsh. sitting in his Of
flee in the Grand Central station, re-
ceived the news from Washington.
apparently with as much composure
as If II were merely an ordinary bus
mess detail, his attorneys became ac-
tive. District Attorney Sims had gone
into court with motion that a man
date be issued at once, transferring
the aged iinancier to prison
John $. Miller, one of Mr. Walsh's
attorneys objected on the ground that
no official notice OF the supreme
courts action had been received. Just
then a messenger appeared in the
court room with telegram to Mr.
Sims whic read as follows.
petition for eertiorar in case of
John r. Walsh against the United
states denied today"
1t was signed by James H McKen-
ny clerk Of the supreme court
Mr. Sims asked an immediate man
date ordering the carrying out Of the
prison sentence.
Mr.. Miller demanded a stay until
2 certified copy Of the decision should
be received The question, together
with the appeal for new trial then
went over until tomorrow.
The evidence alleging misconduct
~ the jurors on which Mr.. Walsh
hopes to obtain a new trial was con-
tanned in afidavts filed BY Elbert
Palmer and Charles DaVeY In Pal
mers affidavit he asserted that while
acting as a juror he was sick and he
signed the verdict of guilty under
pressure from the other Jurors He
asserted that said jurors continued
their prosecutions ana that finally he
gave way to his emotions and began
to weep when the juror Brown, began
to abuse affiant, and applied to him
epithets ana approbious names such
as big fool great big baby. big
calf and the like thereby greatly hu-
affiant and causing him to
suffer great mental anguish and in
ereasing his mental and physical dis /
tress.
j. +. Taggart, foreman of the jury, /
signed an affidavit in which he said /
Palmer went to him after the verdict I
had boon sealed and asked him to un
seal It ana scratch Off Palmer's name. \
He said he refused 70 open the ver-
dict telling Palmer it was against the .
law.
The message to Mr. Walsh regard
ing the courts ruling came over the 1
long distance telephone from WASH /
ington. The telephone was answered (
BY John h Walsh, who was busy az
his desk when he heard OF the decis
ION
For an instant he hesitated and
then the grim old man recovered his
stoical bearing.
TOO bad, he mused
But then we must make the most
nf it ! guess We shall see what We
ihal see"
And he turned back to his desk and
continued debating "a letter
The denial of Walsh's petition for
writ of ccrtiornri by the supreme
court of the United States, may close
hc last chapter in the history Of his
ong fight for freedom since his in
lictment three years ago.
AFTER the United States CIRCUIT
.ourt of appeals had refused Walsh
rehcarng and denied his petition
or stay of judgment bail was With
lrawn and, at the request Of his
.ounscl the court placed ina the spec Z
al custody OF a United states marshal
where he remained pending thc out ,
.ome of his petition TO the supreme j
.ourt OF the United States.
This lcnicncy was granted him that ,
ie might arrange his personal af-
airs.
ON january Do. laos walsh WIS {
ound guilty Of misapplying funds of ,
be- Chicago National bank, of which 1
lc was president On March 3, of ,
he same year q motion for O. new .
rial was overrulcd and Mr.. Walsh
vas sentenced Immediately TO i've
ears Imprisonment at Fort Leavcn- r
-orth On the same date hc was rec ,
.asod ou supersedeas and immediate e
r appealed his case but the United f,
tates court of appeals after lapse a
+ nfteen months affirmed the SEN
snce.
la December the same court denied
lr Walsh's petition for q rehcurine
nd the case was finally referred to j
ao supreme court which refused to e.
eview it q
It was reported tonight that friends %
f Mr. Walsh in the event of an ad- H
srse ruling tomorrow ON his petition
'r q new trial would al once appeal q