New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-20
THE McHENKY Perjury CASE.

This case was resumed in the United States
Circuit Court before Judge Benedict yesterday pursu
ant to adjournment.
James Iouchefn called BY tho Government testified Wa, s.p.s,
on se sb Of ,sHsry 1853 e to tie 8ps, House ib %
N NJ: Pike there AID dariug the whole morning Intervals
john cciopy called BY N. Government testified That DO vas v
there dusiSS Tic Whole day from o'clock 10 iIe morss viii ss e.
e'snS1 o. s bT me vcnmsD .d @ 81 ss
Plies Oyer. House She 9th ofJsDus 1853 from a unli
Abraham Michael TCohey D,d Dsiae RlTsjI RoSa
and Moses Jackson al called BY ne e9s:rHss ts.t ass.y
sas S' :s:n s Fs Leo s S'sS ' IT, :
~ sSsS TsIsa I'd ss.:s5 I. h' 'i s
Pike handed HarlaDd tbe check 10 The auers once
b he " sS 5 he I'D 6S ' H si',, ,a
heard his character for tTuIb ysa AID integrity bssEas
Trscey o. s. District Attorney the District,
BY tse Government 'e''aed Substantially, a. hr Van DIXIE laA
EdHand c. stedm,s called BY a. eo,sran.s testified &ai b.
editor POtnaI Mag.ree had isssn M Islaut from 6oyhool
until the ROn. hearing before ConsssOu,r
w% e1 81 d d. Known %sf No. 5 S t . .. .. 70:
and had bounded confidence in his truth and integrity.
Re g. taoTS H. a ;s ;a s he S.
ulh vsrA and integrity called question uHt the s0as
Moro Brooks called by To. oo,srDa.H' s'ss se.. b.
brown Mr. sbou. yarsi until the Rollins css
beard e s15rIsi sES s' cos y T.. V District. james Fsssd
President q Insurance c0.pay 10 STo'f9 ese y Ss TS1s
@ 81. Character to 5. rood and would him
s9osf b 'ss ea b. he Goyermsss floS %
He9 bat could give testimony ca h.. pant
bad Known Nv and from tOyhOod had hea his shr
Daniel SGiSsn The q ts Nations, N. In,or
Co ofths e ard "he has hee pomasi, in
isnds repssci and yea far he knew, bad bat
PoIST T.eS formerly deputy collector called by den s
hed .e nj nar.nas @ sS s men ba t5s. LI T.
the reresa. service would believe bin uStsr oath where his tM
Villa. IsSSes to6scoouis. and D,y MeApi9. ot'e
Mr. H.r'and, for truth yeraciIy, sad Integrity.
Counsel on both sides then rested. and recess was
taken previous 10 Counsel summing up.
after recess Dudley reid OF pbd IHr 70 cagn
and Assistant District At.orsey B Is; mecasy
then renewed his motion that the be oDged
TO eeleot only one charge from or the ITO counts ~
tho Indictment on which 20 10 the jury. The Court
denied the motion aud charged the jury.
The Jury were reminded Of the Importance or me case
and The NECESSITY Of carefully weighing the evidence.
whatever tho opinion OF the Court might be upon ts
tIa oripon and hoped the Jury would not seek 10 infer
from Anything IN the charge what that opinion was bat
be entirely guided by their own Judgment Oae witness
there must DO more than Witness there must be
such srSTS f rms Ia only one Witness evil
dence was received TO find the defendant guilty tns
J pn9 m EnowDeIy and did not simply err as
TO time and place. Time and place were not OF primary
nall committed Tho court would refrain from going
over the evidence in detail as it was unnecessary IN
view Of the clearness OF the statements presented "
counsel The jury were TO consider the evidence gwen
OF the good character OF Mcenry but 1t was also 10 %
considered that mans good character Of no a'sI
In cases where it from the eyldenee thas 10
WAS glty of the crime charged. Good character was an
element DO taken into consideration Tor we %
defendant IN doubtful cases only II tleluy naa sns
reasonable doubt OF the guilt OF the defendant founded
not upon within, capnce. or theory but IOhaeg eSn
tho evidence viewed as whole, they should give VIC u'
PENDANT the benefit Of that donbt and acquit HIM -.
The court refused TO charge certain % .nT
were handed up by tho Defendants couLsel the
OF which were not announced and the defendants codn
sci took exceptions. - ...t.
The jury at AIS o'clock retired to deliberate upon 'ne
Wien they he'd been ont about hour Judge Benedct
sent them word that he would remain ben an hour
longer and that they had not agreed by that time hc
would take their verdict providing they agreed In tho
mean time, this morning.
Al ten minutes OF seven the jury not having agreed
Judge Benedict said that they agreed before 10 O'clock
he yUuld take their verdict but otherwise ho would not
receive any communication from them till this morning
"a 0 O'clock.