New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-04-16
THE CASE OF MCDONALD.

To he Editoy Of The ~ y Tribune.
SIR In reply to the article headed mcdonald the
Murderer" in your issue of last Wednesday, which
has just come under observation, ask leave in
order to prevent misrepresentation TO submit the fol-
lowing statement:
l. The caption of the article is unjust The law pre-
sumes Mcdonald TO be innocent until his guilt is
proved.
You do not know whether the the act for which he
is now confined was committed by him consciously or
unconscously, Intentionally or upintenionaly 1t is
not just therefore, TO assume that 1t was done with
malice afoTetbought and thus constituted murder.
9. You observe, his affords nost glazing in
stance of the tardipess with which justice is meted
out in this city to criminals who chance to be pos
" sessed Of money"
We with in this connection to speak of the nsinua-
ton that by means of money Mcdonald has been eu-
abled thus far to postpone his trial. We cannot un-
derstand why this insinuation was made The truth
il Mcdonald had and has, no money and could not
have purchased delay il il had been for sale. Prior
to his commitment he was in the receipt OF salary as
clerk. That salary terminated in the Spring of 1859,
and by July its accuu uatons ha all been expended.
Since july he has been in prison, and has been sup
ported and provided with counsel entirely by the
voluntary contributions OF lew personal friends In
Mobile.
g. After giving your version of the occurrence, and
stating the commitment of Mcdonald and the placing
in the House Of Detention of the two girls who were
witnesses of the transaction, you say:
After weeks bad elapsed, during which time the young
girls had remained close prisoners Mcdonald was brought up 10.
trial The testimony OF the girls tSken they were
smnsd BY until everything they Knew OF so
had been ELECTED ron them and been 20 PsoI
The defense raised the plea insanity and eoos
rtaueed privilege sending commission TO hiopns ana
California purpose Of obtaining ey ienco o. gu
epts arrangement ofmnd As Mcdonald was possessed
siderable mesps and fortunate enough 70 De
Influential friends the request was granted ~" INC ''
appointed" ,,D,,L.
This statement lie entirely incorrect MCDONALD naS
never been put upon his trial. lie has never yes pro
sented his defeufe HE counsel never requested .ne
p,iyleee of sending Commission TO California he
NJ not posses sed of cons ierable means lie was nov
uTront ded by influential friends The facts are these
The usual preliminary investigation OF the case was
had before the Coroner in August last, and the tWo
Girls were then examined BY HIM, but were not cross
ssxsmiped. Then Mcdonald was committed 10 await
the action of Grand Jury, snd the two girls were
committed TO the House of Detention. The Grand
Inry indicted him at the August TeTU Of the Sessions
1859 and he was immediately arrsigued, and pleaded
not guilty Hie indictment wss then RENTED 10 the
Over and Terminer and the trial set do WI for the s.
Monday in October 1889 On that day, his counsel
applied for commissions 10 aAamine certain witnesses
in Mobile. ewOrleans, nnd several cities in the
Middle States. No previous opportunity had been
afforded for making such application. The order was
made on the Eth of Ocpober 1852 granting such CON
missions The most material part of that order WAS in
tbese words:
aud tia further Ordered that within SIX days aAes tho entry