River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1910-01-20
WALSH IS HOPELESS
WRIT OF CERTlORARI is DENIED
BY THE UNITED STATES.
SUPREME COURT.
ONE MORE CHANCE FOR LIBERTY
Banker Makes New Move to Avoid
Serving Five Years.-Alleges
Misconduct of Jurors in Seek
ing Review of Case.

Chicago.-A few hours after John
r. Walsh, former president of the
Chicago National Bank of Chicago,
and railroad promoter, who was con-
victed of misapplying the funds of the
bank, had received word from Wash
ington that the United States supreme
court had denied his petition for a
writ of certiorari, he took another
step to obstruct his serving five years
in the federal prison at Leavenworth,
Ka6.
Through his attorneys he filed a pc
tition in the United States circuit
court of appeals asking that it direct
the United States district court to
grant new trial. He charged the
jurors who convicted him with mis-
conduct.
While Mr. Walsh sitting in his of
flee in the Grand Central station, re-
ceived the news from Washington ap-
parently with as much composure as
If it were merely a detail of his ord
mary business, his attorneys became
active.
District Attorney Sims had gone
into court with motion that q man.
date be issued at once transferring
the aged financier to prison.
John S. Miller, one or MIR. Walsh's
attorneys, objected on the ground that
no official notice of the supreme
courts action had been received. Just
then messenger appeared in the
court room waving a yellow paper.
1t was a telegram addressed to Mr..
Sims and was read as follows:
Petition for certiorari in case of
John r. Walsh, against the United
States denied" 1t was signed by
James H. McKenny, clerk of the SUI
preme court.
When Mr.. Sims then urged for an
immediate mandate ordering the car
rying out Of the prison sentence, Mr..
Miller demanded stay until a certi-
fed copy OF the decision should be
received
The evidence, alleging misconduct
Of the jurors, upon which Mr.. Walsh
hoped to obtain new trial, was con-
tanned in affidavits filed by Ebert Pal
mer and Charles Davey. In Palmer's
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 asserts
that said Jurors continued their per-
secutions and that finally affiant, being
so physically weak and growing con-
stantly weaker and so fearfully nerv-
Gus gave way to his emotions and
began to weep, when the juror BrOn
began to abuse affiant and applied to
him epithets and opprobrious names,
such as big fool great big baby,
big calf and the like, thereby great
ly humiliating affiant and causing him
to suffer great mental anguish and
increasing his mental and physical
distress"
J. E. Taggart, who was foreman OF
the jury, signed an affidavit in which
he said Palmer went to him after the
verdict had been sealed and asked him
to unseal it and scratch off Palmer's
name He said he refused to open the
verdict, telling Palmer it was against
the law.
1t is reported that the friends of
Walsh in event of an adverse ruling
of his petition for new trial would
at once appeal to President Taft to
grant the aged banker a pardon. 1t
was said this course had actually been
decided upon. Mr.. Walsh's health, it
was said, would not long withstand
the confinement of prison life.