The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-03-15
HAWTHORNE GETS
YEAR IN PRISON
At ATLANTA
Author Convicted of Fraudulent
Iy Using the Mails
JOSIAH QUINCY ESCAPES
Famous Trial Which Cost Govern
ment $4,000 Has Come to
An End.

An Emu.
New York, March 15.-The Haw-
thorne mining trial, which mas drag
ged along nearly four months oe-
fore a Jury in the federal court came
10 a close yesterday with the convlc-
ton of three of the defendants, Jul
ian Hawthorne, DR.. William ); MOT
ton and Albert Freeman and the ac-
duittal of Josiah Quincy, twice mayor
of Boston and assistant secretary OIL
state during the Cleveland admins
,ration. Hawthorne, Morton and
Freeman were found guilty OF max
ing fraudulent use of the mails In
selling stock in the exploitation OF
Canadian ore claims. Quincy, eX-
onerated by United States Judge
MAYER on all counts of five lndlct-
ments before the case reached the
Jury, was held not guilty on the re-
manning indictment of conspiracy IN
allowing his name to be used IN pro
noting the stock. The jury was QUE
~ hours.
Judge Mayer pronounced sentence
on the three men whom the jury had
found guilty and paroled Quincy I'M
I'll next October, when he is directed
10 appear in answer to two lndlct-
mems still pending against MIN.
Freeman a New York business man
for rs years, was sentenced to hVe
wears in the federal penitentiary at
Atlanta. Hawthorne, son of Nathan
iel Hawthorne, the novelist, and him
self an author, and DIR. William j.
Morton, son OF Dr. w. I. u. morton,
the first user of ether in surgical
operations, were sentenced each 10
one year and one day at Atlanta,
Freemans prison term is to date
from the first of the present year.
and the terms of Hawthorne and
Morton from November %, the day
the trial was begun.
OF q counts against the three men
found guilty, Freeman was acquitted
OF four and Hawthorne and Morton
of sevent each. Judge Mayer grant
ed 10-days' stay to allow counsel
for the defense to appeal the cases.
Counsel for Hawthorne pleaded for
suspension of sentence for the au-
thor. Fault of judgment, rather
than bad intent" was advanced in
Hawthorne's behalf. Il will ask
your honor to consider that the defen
dant is getting on in years" said
counsel. HE is penniless. 1t is
true, too, that the long ordeal which
the trial has been to him and the
realization that the name he had lab
ored so long and so hard to keep
clean is sullied are sufficient punish
ment."
Joseph H. Choate, Jr., asking for
suspended sentence for DR.. Morton,
said the physician "is now engaged
in doing exceedingly valuable work
to the community-work that would
benefit thousands" A plea for Free
man las a man of hitherto unblem-
ished reputation" was made. Judge
Mayer in denying these requests and
passing sentence declared that the
defendants had "the fairest trial
possible" They were charged by the
government with having obtained
about 100000 from the public in
their exploitation of the socalled
Hawthorne properties.
OF the three found guilty, DR.. Nor.
ton appeared TO take his sentence
most TO heart. The conviction was
not a surprise to him, he said. He
declared he was not guilty, but had
expected to be adjudged so for the
reason that the American people
treated his father unjustly and he
himself had always looked forward
TO some calamity to befall him His
father invented ether. DIR. Morton as.
serted, and the public let him die
penniless at 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 family would
be one of the wealthiest in the
world"
Hawthorne declared the indict
ments should have been interlocked
so that il would have been call OF
none" All we're equally responsible
for their operations. he said, in com
menting upon Quincy's acquittal
Hawthorne, Freeman and Morton
were locked up in the Tombs. At At
lanta they will be eligible to parole
after serving part Of their terms.
The Hawthorne trial. taking up Il
court days. is the second longest fed
eral trial in New York city, only tbs
Scheftels case, in which George Ora
ham Rice was a defendant, exceeding
It in length. The government pro
duced 102 witnesses against the Haw
thorne group. One ton of document
10000 in number, comprised tn,
1854 exhibits offered, and the test
mony taken covered 5000 typewriter
pages. II cost the government $40,
600 to conduct the trial and the de
tense $4,000. Two judges preside,
at different times. Judge Hougl
vas stricken III January q. 1nsteal