, 1874-12-05
D. A. GAGE.
Fifth and Last Day Of
the Trial.
The Jury Find Him Not
Guilty Without Any
Hesitation,
Eloquent Speech by Sidney
Smith for the Pros
ecution.
Debates with Messrs. SWEET
and Dexter.
Instructions for Prosecution and
Defense.
The Returning Of the Verdict
Debates with Messrs. SWEET
and Dexter.
Instructions for Prosecution and
Defense.
The Returning Of the Verdict
..-Feeling at Waukegan.
Congratulations In Chicago.
MORNING SESSION.
ARGUMENT OF a1DNEY SMITH.

MORNING SESSION.
ARGUMENT oF a1DNEY SMITH.
Special Dtspateh to Tho Chfeaoo Tribune.
WAuREoAN, ILL.,, Dec, 4.-The dfth and
last 1ay Of tho triat Of David a. Gage, e1-City
Treasurer of Chicago, for falling to pny ovor
G505, 900 to his SUCCESSOR, began gloomiyy, but
ended oheerfully for the defendant. Tho session
Of tho Criminal Gours opened ut tho usual hour
in the morninR,--9 o'olook, very few people be-
You'd those directly Interested being present.
0tlars, howavor. soon arrived, aald. before Mr.
Smith had fairly gotten into lis argument, tho
room waa crowded. 1t WAS known that tho cass
wonld 20 to tho jury about II O'Clock. since n1r.
Smith had told several porsons that hc would
not occupy oyor two hours. Hence the increased
Attendance tho largest during any Of tire
sessions. Among tho lumber wero about
thirty ladies', who waro ail soated to-
gothcr. tho Court giving orders to oust
the mon who had takeu poHaeaaon Of tho
benches In order to give them the boat opportu-
nifty to hcar. The expectations with regard to
1lr. Smiths closing Argument for tho proaecr-
tion. though great. were fully realized Ibis TO-
marks being characterize By remarkable clear
ness Of statement, and apparently inoontroverti-
bio logical deductions.
He said tho duty that dovoivol upon him and
upon tho jury was not a pleasant ono. but, per-
hapa, tho embarrassment under which he H.
bored was much greater than theirs, from the
fact that tho defendant WAS ono Of his poraonal
aoqunintanceB, It Nas not trlo, al charged by
coundal in tha heat OF debate, that Ito lad foTu-
aE!y hud
INTIMATE soC1AL RELATIONS WITH LII. alGR;
he lad simply known him lollg. rs others had.
Still, had 1t boon truo that lie had Ind
such relations With Mr.. Gage, it was extremely
doubtful whether it would not hayo boom l,ls du-
~ when called upon by partios ss1lo desired him
to aasist tho States Attorney, to net hymly fear-
lcHsy, and justly. In The celebrated case Of Dr..
Webster, Judge shaw, QUO OF Ills best friends.
sentenced the defendant to death. Dut ho had
haon aeaailed for presuming to appear In Ills pro-
feBsional capacity. II all things earthly wore to
be c.osed out by tho first Of January.-if Ill
civil government was to come to IN onl,-ana it
waa not necessary to act precedent III q case
like tho ono under consideration, he would Say,
aud the Court and the jury would doubtless say.
that 1t was not worth whlo to proceed further for
tho purposo Of punishiag the defendant for tho
o1ronso lie had committodt bocausc no ono would
10 disposed to pursue tue prosecution for mero
pe1nopn} considerations, or from maliaa or ro-
yenge. But
THE PRECEDENT
Tint would ba established by acquitting the de-
5endans would result IN egila which no man
could calculate. This aad condition Of affairs in
relation to public officers throughout the country
wns notorious and deplorablo, Tho increase Of
alarming, and VAS an ononay ten-fold more dan
serons tlau armod rebellion. Tho history OF
tho world Ind proven that nations which had
boea apas TO Withstand assaults frotn without
aud internal turmoil. lad Invariably sgcoumbed
to this terrible aud insdtoua cancer of
OFFICIAL coRRuPT1oN AND DELINQUENCY.
The Roman Einplro gro" md louriBhed while
contending with foreign enemies Of gigantic
numbers, and Homo bocano known al tho
Eternal City but, gotting wealthy md corrupt,
md Bho declined md fell ana history told uB that
for yearB and yenrB no human hciug resided
within hor borders wild eeasts prowiod in hor
atreoss, and owls porol4cd upon hor pinaoloa.
aua looao notions III regard to official duty md
integrity; and thia country was has.enlng wit Ii
terrific speed to destruction by this gnot md in
Hidious cuouar, aud unless tia tide Wns stopped
wcre grave and solemn considerations. -cons.d-
] orationa Which tho jury wore called upon to
I mcot firmly and fearlessay. II haa now CONC to
state OF things who1o 1t WIS frequently re-
nnrlsod that nothing was loft to rely upon but
| too too trao wh'on courts and jnries iaIod, God
preserve us II, when q man WAS arraignaa for
| official delinquency, aud tho charge proven
aga!nat him, lle was to 10 discharged in conao-
qt,ence Of lie exalted postion and powerfN! seao-
+! oatlong,
FAREWELL ~ CIVIL LIBERTY.
When 1t came about that such u man WAB not
| guilty under the law. tlor0 WAS nothing left.
| When it camo to paHs thRt q 1nnn occupying a
| liEl standing In society, surrounded by potent
influences, could not bo tried in ali orderly DO
cent, and loghl naannor--'7heM the arrogance Of
| tho defenBo assumed tho extraordinary proper.
tlons which had beon exhibited in this case. it
was most alarming symptom. Fox moro than
| tlay tho jury had listened to argnmentg Of dis
fiug,,iahed md eloquent advocates but had tho
| timo been spout III discussing tho oyldonee in.
] tro1uccd with View OF showing that il
| failod to sustain tho indictment OF had
| It heeu principally occupied in donouncing the
prosecution for ob}ccttng to Tho Introduction ol
illegal osiioneo-foz proposing Tint tho cass
shr"td proIeod upon known legal principles, fo,
the ,l,rpoBo Of breaking down tho barrora Of ti,s
! bar to scrcou II MIN who held u prolninou
| position III Bocletys
THE AnkE AND EsrlmAp'.t: STATES ArtohSEs
Lnu hoon aesniled and denounced IN tho 1uos
unnsoasnratle torms. liz UfceA) waa vol
lu1oIn throughout Cook County aa IN lnror
rapttble officer, yot counnel, ,high n tho liroo
fession anil aM most friendly and agreeable
RELATIONS with him up to tho commencement q
the trial. lad fuul it leceasary, for tho pnrpoac'
Of thoir casa, 10 atack him in kavaxo i1lRunor
1e tlrHt nne who Adtr1saed them AIR. hWetc}-
gcM.lesau at an,sueut ehity, of acknowledged
olo4lenre. mud Of groat ulbanity--satl tim
tho n,odo il, which. .t1n prosecution, had been
conduotosl wns - ''basbarous "-that II l1atl mol
tho principles Of ''con1mon honesty" adding
TINT tho Stase'H Attorney lind rcsorted-" hunt
ed up "waa llis oxpl easlon-t0 tho act OF l833
under w!iah the Indictment was found. tu ovde
to put i ",muzz!c " upoa hs. Gags. Tlea'
woio aorious charges to make against QUO pos
Bosslng tho standing and character II Nr. Neo
! lad 81 lis