The Cairo evening bulletin. (Cairo, Ill.) 1868-1870, 1869-07-16
THE MOCKLER TRIAL.
EVIDENCE FOR THE DEFENSE.
Arguments Of the Counsel.
The Accused Found Guilty

interested in the investigation pending
into the truth of the charges of
malfeasance and corruption in
office preferred against Patrick
Mockler, City Clerk. At midnight the
testimony closed, and although the ar
guments Of council yet remained to
be heard, only a small portion of the au.
dlence retired.
Sixteen members of the council took
their seats, alderman Redman and Hu-
len being absent.
The witnesses for the defense were
called and the oath was administered by
c. Winston, notary public. The first
witness called was
". Rcnsaker. Mr.. ". said: 1 am a
resident Of Cairo and have resided here
about ten years. Have filled the Office
OF sheriff and been county treasurer for
five years.
Question: Are you familiar with the
manner in which city licenses have
heretofore been issued?
Mr.. Butler for the prosecution objected
TO the introduction of evidence Of the
character indicated by the question. Mr..
Mockler was on trial for crime, for
wrong doing In Office, and the crimes
and wrong doings Of other officers could
not be plead in justification. The law
prescribed the manner in which licenses
should be issued, and no former custom
or usage was right that failed to conform
to that law.
Judge Nulkey for the defense, said
that the object was, to prove his clients
motive. Crime is the violation OF law,
and in the commission of crime there
must be joint operation OF act and in
tention. Intention Il the spirit OF the
wrong. The evidence II desired TO throw
light upon the acts of Mr.. Mockler. In
Illinois there is statute law prohibiting
the circulation OF bank bill Of less de-
nomination than IS that Is not stamped
with the sanction OF the State. Custom
has rendered the law a.nullity. No man
IL prosecuted for violating its provisions,
and II Is violated every hour and minute
OF the day. That law is dead, and usage
has made II so.
Judge Mulkey continued, at considera-
bic length, and was followed y,Judge
Allen, who declared that usually, in
logic, there Is "a relation between purpose
II WAS proposed To show how other
clerks offices had been conducted; what
other clerks had done without being
deemed reprehenslble. Acts never
amount 10 crime unless hinged with in.
tention, aud "a = legitimate 10 inqulE+
what Xeavhe accused's intention. II
he was following an immemorial usage,
that fact dlvests his acts Of purpose TO
commit q wrong, &c.
Mr.. Butler replied, and the question
was submitted 10 the mayor for decision.
The mayor could not conceive that one
wrong justified another. "The law PIE
scribes the procedure necessary in the is
suance Of licenses, and the fact that this
law was violated by others cannot justify
the wrong OF Mockler. Usage does not
justify theft, and the attempt To shield
John Doe from the consequences
Roe and many others had been
guilty of the same larceny, partakes of
the absurd and would not be permitted
The chair, therefore, Is of the opinion
that the evidence Is not admissible.
may be mistaken, but such is my opinion
Unwilling, however, TO deny the defense
any advantage lie may think he has in
the evidence proposed, shall submit the
question 10 the council, and be governed
by their decision" The council decided
that they would hear the evidence, by a
vote Of - to- 3.
Mr.. Hunsaker then continued:
About ten o'clock subpoena was serv-
ed on me, and have given the matter
much thought since then, and although
l cannot refer To the instances, / am
satisfied that have been present when
clerks have issued licenses without the
treasurer's receipt
Mr., Butler for the prosecution, for the
purpose of saving time, agreed to admit
what the defense sought TO prove, viz:
that licenses had frequently been issued
without a treasurer's receipt. The de-
Tense insisted upon the examination of
their witnesses.
Joseph Arnold; Have lived in Cairo
five years. l have seen Mr.. Irwin issue
license without the treasurer's receipt,
Have seen license issued that way
times. Not positive that | ever
saw Fagin issue license in that way.
CrOss.erdn9ined /: Mr.. Walton issued
the license; he was Mr.. Twins deputy.
Mr. Walton was also'the deputy treasur-
er and issued the license by virtue OF his
l., nf
other license being issued by the clerk
since 1865.
q. w. Heron: L have been in Cairo
since EebruarY 1865 ] act