Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1915-03-30
T, H. MATTERS IS
SENTENCED TO SIX
YEARS IN PRISON
Judge Frank A. Youmans 0verrules
Motions in Arrest of Judg-
ment and for New
Trial.
SENTENCED ON ALL COUNTS
But Entire Nineteen Will Run Con.
currently Making Total Time to
Be Served Six Years.
WILL GO TO COURT OF APPEALS

Six years in the federal peniten-
t'ary at Leavenworth, Kan, was the
sentence imposed upon Thomas H.
Matters in federal court Monday
afternoon, after Judge Frank A.
Youmans had overruled his motions
in arrest of judgment and for a new
trial. Matters was recently convicted
by jury of violation of the National
banking laws in connection with the
First National bank of Sutton, which
afterwards failed. He will appeal the
case.
The sentence as pronounced by the
each of the nineteen counts on which
Matters was found guilty, total of ia
years, but by order of the court the
nineteen terms of six years each will
run concurrently, so that the time
Matters must serve totals only six years.
Under the law, the penalty is fixed at
from five TO ten years. Matters is now
81 years of age.
BY special order of the court, agreed to
by United states District Attorney f. S.
Howell. who prosecuted the case, a stay
of execution of sentence was granted
until June /. in order to give Matters
lawyers time to prepare their lengthy bill
Of exceptions and assignment of error
and file the supersedeas bond necessary
in making appeal to the United States
circuit court of appeals.
Appearance Bond Furnished.
An appearance bond under the order
staying execution of the judgment of the
court was Immediately furnished by
Matters. 1t was in the sum of 5000,
signed by Henry M. Browning and Clin--
ton ]. Sutphen. both of Omaha. The
supersedeas bond on appeal will probably
he of the same amount to be decided by
Judge Youmans, June I, when he allows
the bill of exceptions for appeal.
Just before Matters was sentenced, his
only son. Attorney Thomas H. Matters,
jr., made an appeal to the court to take
into consideration Matters life record as
a hard worker and a true father and
husband, and to make the sentence as
light as possible. in view of Matters
age and his family. comprised OF wife.
three daughters and son. The only
member of the family present was Miss
Helen Matters, daughter. who wept
during her brothers appeal for their
father,
Receives Sentence.
The convicted man himself thea stepped
before Judge Youmans. stood erect and
unflinching and received his sc'steHco
without q word or gesture. 10 then helped
10 arrange his bond
President NJ. L. Luebben of the def,mct
bank. who was indicted as principal in
the deals In which Matters was prose-
cuted as an alder and abettor, has not
yet been tried. He was the governments
chief witness against Matters. and Is now
said to be ready to plead guilty and throw
himself on the leniency of the court. The
offenses charged in both indictments con-
cerned unauthorized issuance of certi-
ficates Of deposit and misapplicatior Of
the funds raised thereby
Matters, formerly lived at Harvard.
Neb and was attorney for the sutton
bank.
Many Allegations.
Over $50 allegations were made by Mat
ters' counsel as grounds for a new trial
and they consumed most of the day In
argument. Among the allegations were
irregularities in the conduct Of the Jurors.
IN being allowed to read newspapers and
letters and TO telephone home; errors Of
the court in giving and refusing instruc-
tons and in admitting and excluding va
rious pieces Of testimony 1t was also
asserted that the jurys verdict was con-
CContinud on Page Three, Col. Three5