The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-04-17
MOUNDAY FINALLY
LANDS IN JAIL
FOR TWO YEARS
Kansas Swindler Who 0perat-
ed on Catron Land Grant in
New Mexico Refused a New
Trial and Sentenced.
ATTORNEY MAKES
SERIOUS CHARGE

People all over the United states,
and IN New Mexico. especially In san
Miguel county and in Roosevelt oun
~, where they operated extensively,
will be interested Ia the news from
Topeka that Don ". MOunDoy and
his wife, l.. w. MounDay, who oper-
atcd under the name OF the American
Sugar Refining company, and put
fond hopes IN the breasts Of many an
innocent farmer. while quietly pros
pecting In his pockets. have been de-
MED "a new trial In United states court
NJ Topeka, Kansas. and sentenced.
MounDay to two years In prison and
"a fine of $1,000, aud his wife to a
$500 fine. The Topeka Journal says
OF the final chapter In this sensation
al case:
Judge John G. Pollock today denied
"a new trial In the MounDay case, sen
fenced MCLnDay to two years In fed
eral prison n fine him $1,000 and
costs, and fined Mrs. l.. ID. W. Noun
Day $500 and costs. Costs will
amount To between 5000 aud SlO,-
coo. A stay of execution was granted
but attorneys for h defendants
stated that they had not determined
whether they would appeal.
MounDay and his wife were con
victed In the federal court Ia Decem-
Der OF all OF min counts charging
misuse OF the mails In ~furtherance OF
a scheme 10 defraud. A tenth count
against the defendants was dismissed
by h government The charge OF
fraud was based upon the action OF
clearance receipts TO land In New
Mexico upon which the defendants
represented they would build a sugar
refinery. They he'd purchasers to be-
lieye that they would be In a position
To give clear ritle to the land az a
future Opening day when everyone
would get a deed TO their land. Irri-
CATION projects aud claims Of water
rights weer also represented by the
defendants in their sale OF this land.
Following the conviction OF the two
defendants, motions for new trials
had been filed. The court today over
ruled all OF theEe motions. including
motions for distharge and for arrest
Of Judgment, Then MounDay and his
wife were asked TO stand up and be
sentenced. MounDuy asked the court
II he might not be permitted 10 SIT
down, stating that IL was impossible
for him to stand. The court granted
his request. Mrs. MounDay, her
checks colorless and loking moro tired
and worn than at any time since the
raid OF the land company office. re-
mainad standing.
Have you any reason why Iudg-
ment should not be passed upon
you p" asked Judge Pollock. looking
first at MounDay and then at his wife
MounDay did not move Mrs. Noun
Day moistened Ter lips and started
forward as n to speak. Before she
had said anything. Harry j. Bone, OF
defendants counsel. asked h indul-
gence of the court and pleaded for
mercy for Mrs. MounDay.
There are some strong and miti-
eating circumstances In this case,
said Bone. who briefly reviewed the
case. He told OF the raid of the Of
fees OF the American Sugar Manufac-
turing and defining company. which
had been promoted by the Noun
Days. lie declared that this inter
ference on the part of the govern
ment ha drulned the defendants bust
ness. Then he asserted that Senator
Thomas y. Catron OF New Mexico,
owner of the land which the Noun
Days sold, was equally guilty with the
defendants and should himself be
punished.
Declares Catron Equally Guilty
"Catron's agreement with thess
people made the defendants not en-
tirely responsible In the trouble" said
Bone. 'CatrOn himself Is equal,
guilty with them and should himself
have been punished. And ! urge that
800. "
upon Mr.. MounDay. This court (,
my knowledge has never imposed q
severe penalty on a woman In view
Of the facts and circumstances ant
the statement OF some OF the bes
people IN Topeka, who speak OF her II
b highest terms, the penalty fol
/ Mrs. Mounnuv anouId not excaea 4