New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-25
Remanded Until Wednesday for
Sentence, but Prisoner and
Counsel Have Little Hope
Upper Courts Will Save
Him from Prison.
WARNING TO LEGISLATORS
Prosecution, Summing Up, Appealed
for Finding That Would Show
Lawmakers People Would Not
Tolerate "Whitewash" Of
Malefactors-Ten Years
Maximum Sentence.


from The Bronx. was convicted Of
bribery in the Supreme Court before
Justice Seabury yesterday. The Sem
ate acquitted him on the same charge
By vote of 30 TO II on April II. The
jury was out two hours and eight min
utes, but only one ballot was taken.
All the jurors were agreed upon the
guilt of the defendant.
Nine of the Jurors wanted 10 return
verdict Of guilty Immediately after
Leaving their seats, but their associates
argued that Stilwells position in the
community as Senator and lawyer en-
titled him To a pronouncement that did
not have the appearance OF too much
haste.
The conviction deprives Stilwell Of
his office as State Senator and dis
qualities him from ever holding office
in the State Of New York. Another con-
sequence of the verdict Of the jury
will be his disbarment as a lawyer.
This will be formally done when the
record of the conviction reaches the
Appellate Division.
The jurors examined the salient
points of the evidence with minute de-
tail, and even went through a hand
writing test to determine just what
weight should be given TO the story OF
George A. Field, whose testimony re-
garding his transcript Of the telephone
conversation between StilWell and
George II. Kendall was largely relied
upon by the defence
Stilwell shed no tears when he heard
the verdict. Ee knew it was against
him as soon as the jurors had reached
their seats. when his counsel, William
T. Byrne. came over to the prisoner
dock and whispered:
Keep cool, Steve and take II
bravely.'
moment before he had been lean-
ing carelessly against the rail When
his attorney spoke to him he straight
ened and braced himself for the blow.
The announcement of Guilty" had
scarcely been uttered by the foreman.
Henry c. Rogers, when two or three
handclaps aid be heard in the rear OF
the courtroom. Justice Seabury ham,
mered the desk with his gavel and the
outburst was checked, but, coming
from the public seats ii struck Stilwell
like a blow from behind before he had
recovered from the onslaught OF the
law in front
Ten.Year Sentence Possible.
Stilwell may be sentenced 10 states
prison for not more than ten years. and
in addition may be fined not more than
$4,000. Justice Seabury remanded him
until Wednesday for sentence. He will
be a prisoner in the Tombs until then
Robert NJ. Moore, StilwelPs counsel.
announced he would apply for cer-
tifcate OF reasonable doubt immedi-
ately after sentence. and that the case
would be carried up, but neither tho
defendant nor his lawyers seemed To
have much hope for the success OF an
appeal.
Stilwell himself said he did not want
10 comment upon the verdict or the
case in any way. Even to the score
or more of personal friends who crowd
ed around him before he was led out
of the courtroom TO the Bridge Of Sishs
he had no ready response. satisfying
himself with a silent handclasp. CoUn-
sci for Stilwell felt the attack on his
credibility by the exposures of his past
record was chiefly responsible for the
verdict.
Charles C.. Mott. jr.. the Assistant
District Attorney, who handled .he
prosecution, said he believed the YER
dict was the only possible one. in vlsY
of the evidence. The lesson OF 1t is"
said Mr.. Mott. that it is dangerous TO
attempt to give any accused man a
hurried whitewash. There was a gem
eral impression that II the Senate had
decided upon the evidence presented
there to expel Stilwell the present pro-
ceeding would never have been
brought"
The prosecutor thought the cross-ex-
animation shattered Stilwelps attempt
ed explanations OF the 'fifteen" tele-
gram, which, according to Kendall. re-
ferred to the demand for 81 800 for the
Assembly Codes Committee. and which
Stilwell asserted was in relation only to
the number of men on that committes.
Talk with Kendall Settled Il.
Justice Seabury's charge impressed
upon the jurors the fact that the entire
case hinged upon their view Of the evil
dence as to the conversation In Still.
wells New York Office on March "a be-