Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-11-12
'OXYPATHOR" MAN
SENTENCED To 10
MONTHS IN PRISON

Rutland Nov. S-Elvard j.. Moses of
Buffalo, N. v, vice-president and general
manager of the Oxypatho- company. VINO
was found guilty in the United States
district court in this city Friday after
noon Of fraudulent use of the malls by
sending through them literature pertain
ing to the oxypathor. which the Jury de-
cided, after being out an hour and half,
Is a useless device and fake as dis
ease cure, was yesterday sentenced by
Judge James L. Martin OF Brattleboro To
serve IS months in the federal peniten-
tiary at Atlanta. Ga. The court over
ruled motion of the respondents coun'
sci that the verdict be set aside on the
ground that Il was against the weight Of
the evidence and refused to admit Moses
to bail
Ray NJ Stanley Of Buffalo and Walter
s. Fonton of this city, counsel for the
respondent, stated that an application
for bail vii! he made next week to the
United States circuit court OF appeals.
In tho meantime Moses will he confined
ut the house Of correction in this city.
Judge Martin thanked the jury for their
careful attention to the case during the
long trial. which began october 26 ii"
was also loud In his praise in thu cour'
tesy shown him by counsel on Doth sides
hardly a favor had been asked a1d in re-
turn he had done everything In his power
to see that tee respondent had fa!T
tria!.
In answer to counsel's request TO Be
pcrrnitted to furnish bail and their state
mont that n few weeks delay world not
defeat the ends of Justice. Judge Martin
replied that to sentence n respondent was
he hardest task he had TO do. He wish
ed that the court might try cases and
that there might oc a board or some
thing Of the kind to sentence prisoners
but II was tho courts duty 70 make tho
sentence. IN administering the law, It
must be seen that both purposes of tho
sentence arc carried out, punishment and
example.
An excellent jury had found that the
oxypathor was a fraud. The respondent
and his three or four associates had dl-
vided among themselves half million
dollars or more OF money Of which they
/ had swindled people and to which they
had no right, and It is not justice, Judge
Martin thought to permit a man wh"
has done such a thing to 20 free and
then railroad off to Jail, perhaps. some
poor fellow who has committed some
lesser crime
! The respondent showed no sign of feel
| ing when sentence was pronounced. He
Immediately conferred with his attorneys
a. to where he should be confined until
the decision of the appeal court on the
application for bail is secured. The case
! will be taken to the higher court on the
oVerrulng of the motion and various eX-
ceptlons taken by the respondents coun-
sci during the trial
The Vermont verdict. if it stands, IL
significant in another way besides put
ting q stop to the Oxypathor concern
doing business through the mails. The
company has pending a suit for S26N,Uo
for alleged libel against Golfers Weekly
for calling the oXypathor a "tin-can
swindle." The case Is set for trial next
January in New York State court An
attorney for Golfers was, an interested
spectator at the trial in this city.
The court took a recess until next Tues
day when Lewis +. Merritt Of iartland
win be tried on a bob veal case.
Frank Could was sentenced to serve
two and a half years at Atlanta for rob-
bling the postofficc at South Royalton.
Richard f. Toilette of South harrington,
Mass. pleaded guilty to opening at Bur
Ilington a letter addressed to another and
paid fine of so without costs