The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-12-05
One Killed, Seven Wounded, in Chicago Cafe Gun Batt
Huston Given Nine Years
In Prison, Fined $11, 900
Former Fiscal Agent For
Southern Minnesota Joint
Stock Land Bank Convicted
of Using Mails to Defraud-
w. H. Gold, Former Presi.
dent, Fined $1,000

Mankato, Minn., Dec. 5.-R)-
Guy Huston of New York and Chi
cago today was sentenced to nine
Years in Leavenworth and to pay q
fine of 900 for using the mails
to defraud.
He was found guilty by a federal
court jury Saturday night. Huston
was given the maximum fine pro-
vided by the IL counts in an indict-
ment charging six former officers
of the Southern Minnesota Joint
Stock Land bank with using the
mails to further a scheme to sell q
81 100000 stock issue of the bank
in the summer of 1925. The max
imum prison sentence was SIS years.
He was given five years, the maxi
mum, on the first count and four
years on the second. Judge w. A.
Cant granted a 60-day stay Of cx-
ccution.
A. w. Sawyer of defense counsel
said there would be an immediate
appeal To the United States circuit
court Of appeals. The court placed
the appeal bond at $4,000.
Gold Given $1,000 Fine
Huston is one of two Of the
original six defendants in the action
found guilty. w. II. Gold, Miami,
Fla, former president of the bank
which Huston represented as fiscal
agent, was the other one to be con-
victed. He was sentenced late Sat-
urday night, receiving q fine of
$1,000, the minimum sentence for
the one count on which he was con-
victed.
No more than 10 minutes were re-
quired for the final scene Of the
trial which lasted seven weeks. Or
dered into court at 8 a. m. to en-
able Judge Cant to keep court
appointment in Minneapolis today,
Huston walked up to the clerks
desk for his sentence. The formal
ity Of permitting the defendant to
address the court had been dis
pensed with at midnight Saturday;
so Judge Cant promptly began a
mild five-minute lecture.
Huston Most to Blame
1.-THE jury sought YOU out" the
court said. .'"as the man who should
bear the burden Of the penalty. It
apparently recognized from the
start that you were the dominant
character in the affairs of the bank.
The jury came to understand that
the blame rested chiefly on you
and held that the Colds were not
largely responsible in the matter.
s'The jury seemed of the opinion,
and you need not think through any
malice toward you, that serious
offensc had been committed. The
court must assume the verdict OF
the jury is correct.
"The necessity for substantiating
the charges in a case Of this kind
is evident and the necessary physi-
cal effort in connection with a case
of this kind is great. 50 great, in
fact, that the defendant would be
virtually immune from prosecution
were it not for the zeal of the gov
ernment.
I'm view of the great expense to
the government in prosecuting the
case the court will impose the
maximum fine, which is not great"
Terms Run Consecutively
The nine year sentence comprised
five years on the first count and
four years on the second, the SEN
tences to run consecutively. Only
the maximum fine was assessed on
the remaining nine counts.
Concluding the administration OF
the penalty, the court assured Hus-
tom that "there is no measure OF
satisfaction in imposing sentence in
any case and this one is no excep-
tion."
Huston stood virtually motion
less throughout the procedure. There
was not one spectator among the
Is persons in the court room for the
final scene.
Other Indictments
Huston with Glenn Gold, former
vice president Of the Southern Min
nesota Joint Stock Land bank who
was acquitted Saturday night, and
four others are under indictment in
Toledo on charges involving estab-
lishment Of Farmers Funds Inc, q
unit Of the Minnesota bank.
Sylvester Rush, speci;.. govern
ment counsel, said today this case
would probably not be tried until
spring. Rush, who left at noon for
the Twin Cities, is going to Toledo
Continued on page two)