OCR Text |
Show WALSH ILL SERVE Supreme Court of United Slates Tunis Down Appeal of the Chicago Financier. LAST CHAPTER IN LONG, HARD FIGHT FOR FHEED0M Once Promiucnt Banker Will Soon Put on (he Stripes of a Convict. WASHINGTON. Jau. 17. Tho petition peti-tion for n. writ of certiorari in Ihe case of John R. Walsh, former president of Mm Chicago Nationa.1 bank of Chicago, under senfoncu lo iivo years5 imprisonment, imprison-ment, in tho federal prison at Leavenworth, Leaven-worth, Ivas., on (be charge of misapplying misap-plying ihe funds of the bank, wa3 denied de-nied today by the supreme court of the Unilod Stales. This means that jNIr. Walsh must servo his sentence. LAST EFFORT MADE TO STAVE OFF PENALTY nilTCAfiOr .ran. 17. A few hours afier John "R. Walsh, former president, presi-dent, of the Chicago National -bank of Chicago and railroad promoter, who was convicted of misapplying ibo funds of the bank, bad received word from Washington loday that (he United Stales supreme court hal denied his petition for u writ, of certiorari, ho took another step to obstruct his serving livo years iu the federal prison at Leavenworth, Kan. lie filed a petition in the United Stales circuit court of appeals, asking that, it direct tho United Slates district court o grant a new trial, lie charged the .judges who convicted con-victed bim with liiiscomluct. Decision Will Be Soon. A decision on tho appeal is io be banded down tomorrow. While Mr. Walsh, sitting iu his office of-fice in lhc Grand Central station received re-ceived the news from Washington apparently ap-parently with as much composure as if it were merely an ordinary business del ail, his attorneys became active District Attorney Sims had gone' into court with a motion that a mandalo be issuodi at once, transferring iho need financier to prison. John S. Miller, ono of Mr. Walsh's attorneys, ob.ioc cd on tho ground that no othcial notic 0f supro,nt court s action had been received. .Tunt then i messenger appeared in tho court room wiin a telegram t0 Mr. Sims, which read as follows: t 4,PolUttT fur 'Uoniri in case of John !?. Walsh against the United States denied todav." mm.ci It was signed by .lames IL McKcnny, clerk ol the suprcnie court. Mr. Sims then ashed an immediate mandate ordering tho carrying out of tho prison sentence. Mr. Miller demanded a stay until a certified couv of the decision should bo received. Tho question, together with the appeal for a new trial, iheu went over until tomorrow. Detail of Charges. The evidence, alleging misconduct of lhc pirors, upon which Mr. Walsh hopes to obtain ;i new trial, was contained in affidavits filed by Elbert Palmer and Charles Davey. In Palmer's affidavit he asserted thai, while acting as a juror, he wab sick and lie signed tho verdict, of guilty under pressure from the other jurors He asserted "that Contiumd on I'nge Eleven. WALSH WILL SERVE PRISON SENTENCE Continued Prom Paco One, said nrors continued their persecutions and that finally ho gave way to his emotions and bee-m to weep, when the .iuror. Brown, began to abuso affiant and applied to him enithots and oppro-biotis oppro-biotis names such "as bipr fool' " Croat bie baby," "h'iR calf. y and the like, thereby greatly humiliating affiant, af-fiant, and causing him to suffer great mental anguish and increasing his mental men-tal and physical distress." J. E. Taggart, foreman of tho .iury, signod an allidavit in which he said Palmer wont to him after tho verdict had been scaled and asked him to unseal un-seal it and scratch off his (Palmer's) name. IIo said ho refused to open the verdict, telling Palmer it was against tho law'. The one-time bank president and railroad financier, who is now 72 years old, will, in a few days, bo a convict in tho federal prison at Leavenworth, Kas., where ho will begin tho sentence of five years' imprisonment imposod upon him by United States District Judge Anderson on March 3, 190S. Story of Long Fight. r After the United States circuit court of appeals had refused Mr. Walsh a rehearing re-hearing and denied his petition for a stay ot judgment, bail was withdrawn, and, at tho request of his counsel the court placed him in the "special custody" cus-tody" of a United States marshal, whore ho rcniainod pending the outcome out-come of his petition to tho supremo court of the United States. This leniency was granted Mr. Walsh in ordor that he might arrange his personal per-sonal affairs. On January 10, 190S. Mr. Walsh was found guilty of misapplying tho funds of the Chicago National bank, of'which he was president. On March 1 of the same year a motion for a now trial was overruled and the agod defondant was liontencod to five years' imprisonment at Fort Leavenworth. On tho samo day ho was released on supersedeas and immediately appealed his casd, but tho Uuitod States court of tippoals, after n lapso of about fifteen months, affirmed tho sentence. On Docomber 3 the samo court denied Mr. Walsh 's petition for a rohcaring, and tho case was finally refcrrod to the supremo court, which refused to review it. Stoical When Informed. John Walsh received the news of tho suprome court's decision at his office of-fice and rcfusod to make any comment or statement. His secretary said Mr. Walsh had ro-coivod ro-coivod no official uotico of tho decision and that ho would not give up until he was notified officially. District Attorney Sims snid today ho would go before the United States court of appeals and ask tho court to issuo a mandate in tho court to the United States district court. CHICAGO, Jan. 17. The message rc- farding the court's ruling came over ho long-distance telephone from Washington. Wash-ington. Tho tolophouo was answered by John W. Walsh. Mr. Walsh was busy at his desk when lie hoard of the decision. For an instant ho hesitated and then the grim old man of 72 years recovered nis stoical bearing. "Too bad! Too bad!" ho mused. "But thon wc must make the most of it, T guess. We shall sco what wo shall soe." And ho turned back to his desk and continued dictating a lettor. |