New Britain herald., 1925-02-04
THOMPSON AND FORBES BOTH
 GET TWO YEARS IN PRISON
Two Convicted in Veter- ans Bureau Conspiracy Case Also Are Each Fined S1O,OOO by Judge Carpenter.


 Forbes. former director of the vet erans' bureau and John w. Thomp- son. wealthy St. Louis contractor. today were sentenced to two years imprisonment to Leavenworth peni- tentiary and fined $1O,oOo by Feder- al Judge George A. Carpenter.
 They were found guilty by jury January 30 of conspiracy to defraud the government in the allocation of veterans hospital contracts and re- ceived the maximum sentence.
 The court granted a 30 day stay of sentence for the filing of an ap- peal and defense counsel indicated that the case would be appealed im- mediately.
 Judges Statement.
 When those in high positions of public trust betray that trust, there is an attack upon the fundamental fabric of our institutions" said Judge Carpenter In denying motions for new trial.
 .'The fact that defendant Forbes offered his life to his country in the World War and received the distin- gushed service medal is going to make 1t all the harder for him. Ac- cording to the jury, after offering his life for his country, he betrayed his country's trust. @
 From the verdict of the jury in apparently accepting the testimony of Elias H. Mortimer, the informer. as true, think there was evidence here on which charge of fraud could be brought in any court.
 This case was heard by the most intelligent Jury. by far that have ever seen in 20 years upon the bench"
 Request Refused.
 ''The offer of defense counsel to have Forbes and Thompson exam- ined now by the court to determine to degree of their culpability. is refused. I may say the court was surprised that these two defendants listened to the recital of evidence against them for A days, and then did not go on the witness stand to refute the charges. They may say now If they desire, their opinion of the jury's verljct or ths. cougt's taip, ness but they wiD hayhEl sss a s;S newspapers withIieir Mof iT z wish to review the evidehS sl. ls N case" PA -g 5@z EnssszT'
 Neither Made NRemarSs
 Neither Forbes nor Thompson rose to say anything before fsntence was passed. ,g&smA
 When the tenor of tf&aislee's re- ply to defense counsel inalcaked that the court expected to dNa Eeyerely with the defendants, Forbes Wiped his face with his handkerchiefRer ously, but Thompsons steady gaze at the judge did not waver.
 The argument for a neWstrial was opened by former senatof J Hamil , ton Lewis and all his citati pm of apparent error in %ite trial recotd were, one by one. overruled. Y
 "The court feels 1t would Dc a great mistake for these sdefendants to start in upon a new tHial," the judge said, until we lpd whether there were errors mad& this trial,
 "I went over the recoTHand l can find no errors that would cause me to grant new trial"
 The court commented lengthily upon the failure of Forbes and Thompson to take the stand, and a quotation. which defense counsel asked the court to Include in his charge to the jury.
 "I did not use the statement supN piled by defense counsel" AAs jAdgeI said, that the failure of the defen- dants to take stand should not be prejudicial in the minds of the jury, because I did not want1A impress upon the jury the failure%sf the de- fendants to reply in personTo these charges. The court was greatly sur prised when testimony was concluded without these two defendants taking the stand but I did not wish to stress this point in the minds of the jury, even though the defense counsel ask ed me to say so.
 "I think such a statement would have influenced the minds of the jury strongly. that these defendants eat here for A full court days and then uttered no word in their own defense.
 If the jury believed Mortimcrs story and they apparently did, what can the defendants say now that the court should hear?
 "The fact that defendant Forbes served with bravery and distinction in the war does not give him a H. cense to violate the law, especially in view of his education and his po- sition in the government.
 "Tt1 better his war record the harder 1t is going to be for him here" the judge declared fin refusing to permit the reading Of Forbes ci- tation for the distinguished service medal.
 According to the jury, after of fering his life to his country, he be- trayed his country's trust.
 "I sentence these two defendants to serve two years in Leavenworth prison and st0.000 fine"
 Defense counsel stated an appeal would be taken immediately and the defendants walked from the court room without a word.
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