The Birmingham age-herald., 1913-03-15
Hawthorne, Morton and
Freeman Guilty of Fraud
uleat Use of the Mails
QUINCY EXONERATED
BY JUDGE MAYER
Long Drawn Out Case Comes to End
in New York---"Fault of Judg-
ment" Advanced in Haw-
thorne's Behalf

New York, March 14.-The Hawthorne
mining trial, which has dragged along
nearly four months before a jury in the
federal court here, came to close today
with the conviction of three of the de-
fendents, Julian Hawthorne, DIR. William
J. Morton and Albert Freeman, and the
acquittal of Josiah Quincy, twice mayor
of Boston and assistant secretary of
state during the Cleveland administra-
tion.
Hawthorne, Morton and Freeman were
found guilty of making fraudulent use of
the mails in selling stock in the exploita-
tion of Canadian ore claims. Quincy, ex-
onerated by United States Judge Mayer
on all counts of five indictments before
the case reached the jury. and held not
guilty on the one remaining indictment
of conspiracy in allowing his name to be
used in promoting the scheme. The jury
was out 27 hours
Quincy Is Paroled
Judge Mayer pronounced sentence on
the three men whom the jury had found
guilty and paroled Quincy until next Oc
tober, when he is directed to appear in
answer to two indictments still pending
against him. Freeman, a new York bus
lness man for 26 years, was sentenced to
hve years in the federal prison at At
lanta. Hawthorne, son of Nathaniel Haw-
thorne, the novelist, and himself an au-
thor, and DIR. William j. Morton, son of
DIR. W. I. G. Morton, the first user of
ether in surgical operations, were each
sentenced to one year and one day at At
1ot,fs. .,.,fr.
from the first of The present year and
the terms of Hawthorne and Morton from
November %. the day the trial was be-
gun.
OF q counts against the three men found
guilty Freeman was acquitted of four and
Hawthorne and Morton of seven each
Judge Mayer granted 10 day stay to al
low an appeal.
Counsel for Hawthorne pleaded for sus-
pension of sentence for the author.
Claim Fault of Judgment
Fault of judgment rather than bad
intent" was advanced in Hawthornes
behalf Il will ask your honor to con-
slider that the defendant Is getting on in
years" sad COUNSEL. "EIs is penniless.
1t Is tcLe, too, that the lorg ordeal
which the trial has bren to him and the
realization that the name he haG labored
SO long and so hard to keep clean is sui
he'd are sufficient punishment"
Joseph II. Choate, Jr., asking for sus-
pended sentence for Dr. Morton, said the
physician lis now engaged in doing ex-
ceeding valuable work 10 the commun-
1ty-work tiiat would benefit thousands. ."
A plea for Freeman as "a man of hitherto
POI a
Judge MaNer in denying these requests
and passing eentence declared that the
defendants had the fairest trial posi-
Bile They we're chutgen by the gov
eminent with having obtained about $500
coo from the public in their exploitation
of the so-talled Hawthorne properties.
Motion Is Rejected
OF the thloe found guilty, Dr. Morton
appeared to lake his sentence most to
heart The conviction was net a surprise
to him, he saia. He declared he was not
guilty, but had expected to &c adjudgeu
SO for the reason that ..e American
people treated his father uniustly ana
he himself had always looked forward
to some calamity to befall him. His
father invented ether, Or. Morton assert
cd, am the public let hii1 de penni sss
LAT the age of As.
IF every man. woman and child in
this world who has been saved by
ether from pain and suffering were
to pay to the Morton family what is
its DUE he declared. "the Morton fam
lily would be one of the wealthiest in
the world
Hawthorne. Freeman and Morton
were locked up in the Tombs The
Hawthorne trial. taking up 20 court
days. is the second longest federal trial
In this city, only the Scheftels case in
which George Graham Rice was a de-
fendant, exceeding it in length The
government produced 102 witnesses and
the defense six. One ton of documents.
10000 in number, comprised the 1864
exhibits offered and the testimony
taken covered 5000 typewritten pages
1t cost the government $4,000 to
conduct the trial and the defense
$4,000.