The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-03-15

dict. They rushed toward tho stairs.
The jury sent word to Judge Mayer a
little before I;l5 o'clock that they had
reached ~ decision. The court room
leap"d into life. Counsel for the do
fence. with looks Of furchoding on their
faces cam" in and took their places he
side the defendants. Then tho jurymcn
filed in, their faces pale and their steps
SLOW
Clerk IIns to Rrad Verdict.
When tho clerk asked Foreman John
McGowan, What say you?" Mr. Me
Gowan stepped toward the Judges
bench with u paper in his hand lie
was about tn speak. but his emotion was
so apparent that Judge Mayer directed
Clerk Lcary to read the verdict which
was as follows
We find the defendant Freeman
guilty on the first three counts Of in
dictment No which refers to the
Tcmagam-C Cobalt Mine
I'VE find Tn" defendants Morton and
Hawthorne guilty ON all the counts in
indictment No. >. which deals with the
Elklake-Cn Mine.
We find the defendants Freeman,
Morton and Hawthorne guilty on all
four counts of indictment No. 3. which
deals with the Muntrcal-Jamcs Mine.
We finS the defendants Freeman.
Morton and Hawthorne guilty on counts
2. and Of indictment NJ. !. which
deals with the Hawthorne silver and
Iron Mines.
we find the defendants Freeman.
Morton and Hawthorne guilty of counts
I. =, 3. 4. !. i. :. .. 10 and II of in
dictmcnt Hawthorne No. >, which deals
with the Hawthorne Silver and Iron
Mines under tn" new statute.
We find tn" defendant Quincy not
guilty of III" last count Of Hawthorne
No. - which charged n conspiracy to
enter into IA scheme to defraud in re-
lation to the Hawthorne Silver and Iron
Mines. and for which the maximum pen
atty would hav" been two years in
prison or $4,000 fine. or both"
AS the vordcts against him began To
pile up Freeman rNukcd toward lIaw-
thorne with u half smile and tried to
engage him in conversation Haw-
thornc looked away. Neither h" nor
DIR. Morton WINGED az their names were
read.
As soon as the clerk finished reading
the verdict United States Attorney
Henry Wise aros" and moved that sem
tencc be pronounced upon the three
convicted men. Counsel for the defend
ants said that they had no objection to
sentence being given.
L.. =. Attorney Pleads for Vnv thornc.
Assistant United States Attorney Her
bert Smyth, who appeared Tor Ilaw-
thorn" Yesterday owing tu tn" Illness uf
his counsel, Rodorick Wuilman, asked
Judge Mayer To- suspend sentence on
Hawthorne. The author was not a husi-
ness man, Mr. Smyth said, and the
things h" had done ~ complained uf
Were more a fault of Judgment than a
deliberate attempt 10 d"fraud.
because Of this mans az" and his
hitherto unsulli"d nam" | wish to sub
NIT him in tn" courts consideration" 4"
said Smyth. 9TH" fact that this very
name has been sullicd now Is sufficient
punishment. He had derived no profits
from the promotions. He is pcnnilcss
His unsullicd name in this community
speaks for itself"
Government /" say anything at all"
DlStric' Attorney Wise said when his
turn came.
Joseph H. 'hoatC, Jr, counsel for Dr
Morton, moved that sentence hc slIS-
pended upon his client bccausc Tho con-
dcmned man is doing an extremely
valuabl" work for the community, work
that might benefit thousands"
His ag" and his position" said Mr.
Choate. "cntitlc him To- some Cunsidcra
ton he has been sufficiently punished
by the ordeal to which he has been
subjected
Again said Mr.. Wise II have nothing
To say. The cour, knows the facts IN
the case"
Thomas w Proctor of Boston. senior
counsel for the defence. Spok" on be-
half of Freeman, SAYING
"Th" statute under which this defend
ant has been prosecuted called for OK
tr"mcly drastic dealing with a com
merCia transactions MIR Freeman has
never been IN court before. have not
advanced years to urge in his behalf.
For man uf hitherto unhlcmishcd
record II is punishment enough TO he
held up for the condemnation Of his
fellow men
Again Mr. Wise replied that the court
knew the facts.
Judge Mayer. his lips trembling and
his voice breaking slightly, then arose
to pronounce sentence.
This r. an extremely painful duty,
tho most painful I have ever been called
upon To perform he said. II would like
TO follow the dictates Of my heart as a
man, but must not
II shall take into account however
tho willingness Of the defendants to con
tinuc the trial with new judge in order.
! am willing to believe, to save the Gov