The Waterbury Democrat., 1938-04-11

i The sherif's office said Whitney would be kept in Tombs prison over night Ind would be taken to Sing Sing prison at 10:30 a. m. tomorrow. At Sing Sing he is likely to be aS- signed to clerical work, perhaps to bookkeeping with which he is fam iliar because of his long service in the bond brokerage business.
 District Attorney Thomas E. Dewey, who over the weekend filed an 5000 word memorandum with Judge Bohan asking for punitive sentence" was in the court room but made no attempt to impress the court with the desirability of giving Whitney longer term. He sat with arms folded while Futile made the following plea:
 If it please the court, my first acquaintance with MT. Whitney was on March 2 of this year. He made to me statement to the effect that he had misappropI lated certain securities. He said that he felt that there was due from him confession of his conduct. He stated the blame was solely his own"
 Whitney Mods Approval
 March 2 was "A hours before the failure of the Whitney firm. Whit ney nodded slightly when Futile re- ferred to his desir, to take all the blame.
 MT. Whitney added that he ap- preciated the gravity of whaS he had done and that he was determined to meet the consequences" Futile continued. Tn my 36 years at the bar I never had heard a more ex- 1 traordinary statement. This man was making statement solely to aid in the formulating of charges against him. At that time there was no indictment. No investigation had been started.
 Other men have taken the cow ards course of flight from the coun- try or flight from their life. MT. Whitney, on the other hand, was setting the forces of the law in mo- tion against himself"
 Futile then told how Whitney had confessed fully and freely to his crime and had even supplied addi- tional discriminating evIden c e against himself.
 Since that time" Futile said, "he has led a daily life of interrogation. He has appeared before five separate governmental agencies.
 To Discharge His Duty
 MT. Whitney, therefore, stands today exactly where he placed him. self on March 2, to wit, that he wishes to discharge his duty, to make full confession and is deter mined to meet fully and between the eyes the consequences. I mention these things because I believe they are applicable. MT. Whitney has saved the county, state and federal governments much expense, time and delay"
 Futile then revealed that Whit ney had agreed today to issuance by Attorney General John J. Ben nett of New York of permanent injunction against him, forbidding him ever to engage in the securities business again.
 T think this court knows that MT. Whitney still has character that he still has courage, that he has a sense of duty" said the attorney.
 He has faced a great fall from his former high estate. He has faced pitiless publicity, ceaseless interroga- ton, and the stare of the public. Fortunate 1t is that the losses his firm has sustained have fallen only on the few and on none of small means.
 MT Whitney, save for his coun- sel, stands here alone. It has been his determination to drain the cup of bitterness alone. Even his own brother who asked most earnestly to stand beside him at the bar here was told that MT Whitney wanted to be here alone. So that brother is with the wife and two children in their hour of grief"
 Futile took his horn trimmed glass es off his nose, leaned forward toward the judge and said earnest ly:
 T venture to ask your honor to take official cognizance of the fact that section 279 of the penal code gives your honor the discretion of consolidating the two indictments. As have said MT. Whitney at all times has tried to aid the agencies of the government and I would re- mind the court that there is joy in heaven over the repentance of one transgressor."