San Francisco Call, Volume 108, Number 39, 9 July 1910 — HATCH CASE GOES TO SUPREME COURT [ARTICLE]

HATCH CASE GOES TO SUPREME COURT

Attorney.G eneral. Appeals From Decision Granting Clubman Embezzler a New Trial

"Whether Jackson Hatch, the San Jose clubman and attorney, must spend five! years in the statepenltentiary, foe embezzlement, will be determined by the supreme court. The state, through Attorney General U. S.Webb, appealed yesterday, from the decision of the appellate t court granting Hatch a new trial.. The appeal is taken on . the ground that the decision was based upon ,an erroneous interpretation of the law. v - • - -

Hatch, who was elected district attorney ', of ,:Colusa county when 21 years, old and who twice has been the democratic candidate for the state supreme bench, was, indicted April," 1908, in;€!an Jose, on a charge of embezzling $37,075.42 from Mrs. Sarah E. Sage, an aged .and ..wealthy ; Saratoga widow." He was convicted on Christmas day in Judge Welch's court of San Jose and was given a flye year sentence January 22, 1909. • . ■

The appellate court sustained his appeal on the ground that he' was not tried on ; a specific charge. The evidence proved he had embezzled the money at, .different times. as to the various embezzlements . was introduced ; to prove the .embezzlement of :the whole, and this the court declared was- in violation of the statutes.

It Is the contention of .the attorney general that, as trustee for the whole sum, Hatch" is criminally liable for It all and the fact that he was" not able i to . deliver,. it jupon.' demand ! constituted embezzlement' of the "whole. -Hatch acted as - trustee j for Mrs. Sage from - 1900 to 1907, taking charge of her fortune. \Vhen- the criminal charges \vere_ brought against him he asserted that "the money had been loaned ■him by Mrs.Sage. This.she denied..