Arraignment Harriman was arraigned in his home on March 14, 1933, just as the bank holiday came to an end. He was charged with causing falsification of the bank's books, making unauthorized charges against the accounts of depositors (such as the owners of the
New York Giants baseball team) so that he could finance his own purchases of the bank's stock. His motive, it was alleged, was to maintain the value of the bank's stock at the same level it had achieved before the
stock market crash of 1929, even as earnings plummeted. Without leaving his bed, Harriman signed a $25,000 bail bond, and thereby remained out of custody.
Flights At the time of his arraignment, Harriman was said to be "critically ill with
coronary thrombosis". leaving behind a set of suicide notes. After he was found the next evening in a
Roslyn, New York, hotel, pretending to be someone else, he stabbed himself in the neck and breast in an apparent suicide attempt. Doctors treating his injuries concluded that his heart was in "perfectly normal condition" for a man of his age. Before the jury trial could begin, Donovan requested and received a hearing before Judge
Francis Gordon Caffey regarding his client's
competency to stand trial. Less than a week into that hearing, however, Harriman again disappeared from his nursing home. He reappeared two days later, dripping wet and claiming to have lived in
Central Park, and was then confined behind bars in
Bellevue Hospital. Donovon retained as his chief psychiatric expert Dr.
Smith Ely Jelliffe, whose testimony had assisted
Harry K. Thaw to avoid capital punishment for the killing of
Stanford White, and
Bianca de Saulles to avoid conviction for murdering her husband
John de Saulles. U.S. Attorney
George Medalie's cross-examination of Dr. Jelliffe is considered a masterpiece, and is the subject of a chapter of the revised edition of Francis Wellman's book "The Art of Cross-Examination". On November 24, 1933, Judge Caffey found Harriman competent to stand trial.
Trial The jury trial did not begin until May 1934. Harriman and a co-defendant, Harriman Bank vice-president Albert M. Austin, were tried together. Victims of the alleged fraud, including movie stars
Constance Talmadge and
Peggy Hopkins Joyce, appeared to testify that they had not consented to the withdrawals from their accounts that the defendants arranged. After five weeks of testimony, the jury deliberated only two hours before finding Harriman guilty on all sixteen counts (and acquitting Austin). Judge
John C. Knox sentenced Harriman to 4½ years on each count, but allowed him to serve them concurrently rather than consecutively.
Imprisonment His imprisonment at the federal prison at
Lewisburg, Pennsylvania, began on July 9, 1934. Working in the prison as a library clerk, Harriman was a "model prisoner", according to the warden. Harriman was paroled on August 27, 1936, after more than two years in jail. ==After prison==