The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-06-05
RACE SENTENCED;
WILL take APPEAL
One Of the Indictments
Against ]. Il. Mills is
Quashed.

Seven Years and six months In the
state penitentiary at Moundsville was
the sentence imposed this morning by
Judge w s. Raymond OF the Circuit
Court on Z. q. Race, who was convict
ed at the last term OF court in aiding
and abetting in the abstraction, mis-
placement and embezzlement OF funds
OF the Citizens Dollar Savings Bank.
Judge Raymond before passing SEN
tence addressed short discourse to
Race wherein he stated the reluctance
and hesitancy with which he approach
ed the painful duty imposed on him by
the law and gave his reasons for the
fxation, OF the sentence for this period.
The minimum sentence for this kind
Of crime Is s years and the maximum
10 years. Race when asked by the
court II he had anything to say beftfte
sentence was passed, merely shook
his head and did not reply. He sat
unmoyed Throughout the proceedings.
The passing OF the sentence follow
cd the oyerruling OF the motion OF the
defendants attorneys TO set aside the
verdict The reasons In support OF
this motion on behalf Of the defendant
were that Race had been absent dur
ing the taking Of some OF the testi.
mony In the case. 1t was alleged in d
number OF affidayits filed by the defend
ants attorneys that Race had obtained
permission from the Judge to retire to
the judges private room for few
minutes and that during his absence
q witness had been placed upon the
stand and asked several questions BY
the state's attorneys. Counter affida
Wits were filed by the states attorneys
denying that questions had been pro
pounded to the witness and alleging
that the Judge had stopped them
while asking the question until the do
PENDANT returned. The motion was
oyerruled BY the court on the ground
that the incident should have been
mentioned by the defendants sttor.
neys at the time of happening or soon
after and not six weeks after the re.
turn OF the verdict by the jury.
Suspension Of Judgment of Race was
granted by the Judge until the Novem.
Der term Of this court. This was done
upon the motion Of Attorney Shaw for
the defendant and is to allow the de-
Tense time to appeal from the decision
ofsthis court.
The court room this morning was
well filled with members OF the bar
and spectators and friends OF Race,
who listened attentively to Judge Hay
mond,s opinion on the motion to set
aside the verdict and the address to
the defendant before the sentence
was passed.
The motion of Attorney Charles
Powell on behalf Of Joseph H. Mills to
Quash the indictments against Mills
for fraud in the conduct of bucket
shop which he operated in Fairmont
some time ago, was sustained In re-
gard TO. indictment No. 2 found at the
June, 1916, term of grand jury. Indict-
ments No. / and 2 found by the No.
vember. 1915, grand jury held good,
however, and Mills will likely be tried
at this session Of court.
The circuit court will adjourn this
evening until Wednesday morning and
the docket will be read and the petit
Jury appear on Thursday morning. AL
though Judge Raymond is not yet rid
Of the painful carbuncles that caused
his absence during a portion of the
last term, yet unless his conditions
turns Considerably worse he annuonc.
ed today thst he would remain on the
bench. At present he is suffering
from small carbuncle on his right
arm and a wound ON the left wrist left
by an operation for the removal Of
another one Saturday.