New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-01-23
THE BEliSDE1E-ECKEI CASE.

THE JUDGES CHARGE-TTE Defendants FOUND
GUILTY.
The counsel for the defendants yesterday re-
quested the Court charge the jury in substance that
those Of the witnesses for the prosecution who were ac
complies Of the defendants who had contradeted by
their testimony the trial. evidence given by them IN
dispositions previously made, not worthy OF credit
The Court in charging the jury said that in relation to
such witnesses jury must consider simply, on all the
facts and probabilities OF the case whether the witnesses
told the truth making their dispositions, OF had now
told truth witnesses the trial As TO the ade-
auateness Of testimony Of accompices, it was sound
and just rule that should be received with caution and
should not DO entitled much credit unless corroborated
by one unexceptOnable witnesses in its material
points or where all the main facts and circumstances in
case tended rresstbY to show that the witness OF wit
nesses were. in all human probability, estfying to the
truth The jury not to find the defendants guilty
other and perhaps guilty parties have in
other cases. escaped punishment but they must try this
particular wholly its merits and only on the facts
shown by the evidence There eight counts in the
indetmen-three for the Illicit removal Of whisky three
for aiding and abetng in such removal 9g two for not
keeping the recher book required by law to be kept by
reetners the entering Of spirits received by them One
Of the counts removal was laid during the rstrunnng
Of dsety before the first seizure and the other two
counts for removal laid during the second run, Just
prior to the seizure Two Of the counts for aiding
and abetting. laid during the first run, and the
OF those counts during the second run Tue Two
counts for not keeping rectters book were not &c
considered by the ny as the evidence gwen IN te
guilty those counts would rendered be SET ASIDE
by the court There was no conspiracy charged against
AGAINST al Of !4sm being guilty Of the acts speoed
The defendants could be- iSGnd co g1y on co Uhg
be acquitted on one or more, or all the
six counts the Jury might find warrantn the evidence
Que defendant might, in like manner be found
sonpsR short each defendant could be found guilty
On
rant independent OF each OF the other defendants Inc
Court further charged the Jury that they were TO weigh
given By the alleged accOmpces and also al the crCun
stances OF the case shown by the evidence which
might either tend 10 weaken or the testimony
OF those Witnesses II there found TO be any reason
able doubt IN the minds OF inc jury OF tne Rt ol to NC
fendants founded not upon whim fancy OF pref
udce, but founded upon the testimony and WARRANTED ny
IT, the defendants an or seEefaIy WeIo eneu ~ '
benefit Of that doubt The jury were to weigh wei al
the evidence and render an impartial verdict between
The jury then retired at aDoutl246 O'Clock to democratic
Al 4:45 O'Clock, the jury not having agreed, Judge
BstchfOrd directed the Marshal TO furnish them with
10 o'clock the Marshal should send for hm the counsel
on both Sides and also the defendants II they did not
tic night but were be furnished with their breakfasts
In the morning. It also directed that meals should
In like manner be furnished TO the defendants
Al 81 O'Clock the jury announced that they had agreed
and the Judge shortly aierward arrived, put owing 10
rive TIL q o'clock The jury then came into court and
replied in the affirmative, and read the verdict
as follows:
We ind TIE defendants Bsis John Eeke guilty Of
Indictment eIospt those referring the Tec6es
We fud John Mclareu guilty aiding and abetng The
Illicit removal Of spirits dung the last Of the de but strongly
recommend him 10 the mercy Of the Court
Counsel for defendants asked that the Jury poled
which DONE and they severay gave their verdcts
as above Court then discharged the Jury for the
term with thanks for their patient and faithful attention
to their duties Counsel for the defendants desired TO
know when the District Attorney would move for
sentence as the defendants would Ike TO have an OPP
pOruuity to prepare for such they might deem
advisable IL was finally arranged that the time Of
sentence should be fixed by the Court this morning