The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-01
. pur,dDE1pHrA LIBEL CASE.
Failure 20 Convict Col. Mcclure Of LibeiIing
nns Of Sernt Hnhhe rron,a Frienda

PHILADELPHIA, Oct. 3O.-The libel case
against Messrs. Mcclure and Mclaughlin, re-
spectlvely editor and publisher OF the Times OF
this city, indicted for hbelling Nathaniel Nc
Kay, terminated yesterday in determined dis
agreement OF the jury, aud their discharge by
Judge Thayer IN the Quarter Sessions Court
The case, which grew out Of severe comments
In the times upon McKay's dealing with Secor
Robeson's dom orallzed Navy Department occu-
pied two weeks IN trial. and the jury were out
Just one week less tive hours, before they were
finally discharged.
IL would require too much space to give a full
history Of this cusc. IL s enough to say that the
Times uerciIessly assaied Mckay Ia regard TO
certain transactions which came to Hight during
the recent Congressional investia ,tion OF the
corruptions which exist In the management OF
the Navy Department, and strongly mi
mated that he had been concernod ~
lhrcenous ouera tions, II 1t DID, not actually cal
him a thief. he defence WAS That oil the ale
gitions made against Mckay were true, ana the
evidence TO that effect was so strong that one OF
the Jurors, who ultinat voted for CONVICTION
IN the ballo taken 10y the jury, tol Tunes re.
porter that the Jurors all sal int .hey believed
ment officials. aud that he hau obtained con-
tracts by fraudul aud dishonest practices,
but that, under the Judges charge, unless the
evidence was sufficient TO convict Mckay OF
larceny and send him to jail, the Times was not
Justified in calling him a thief aud public plum
nerer Other lur r. expressed themselves to
yerv nearly the same effect.
Alter the jury went out thev stood, on the frst
ballot. seven for acquittal to Ave for conviction
notwithstanding the charge OF the Judge
which was considered a. bearing very strongly
at least. ncwsraper editor or punlisher
brought before PHILADELPHIA court upon q
charge Of libel, h generally had to contend
against the hostile Influence Of the bench, as
well as the open efforts 81 the prosecution. Tine
Judiciary OF Phadell M apparently e,t,rt"in
society az be In great danger from an undue lat
uude Of expression IN The columns OF the new -
papcrs, a REGULARITY 81 the Philadelphia bench
which affords uubounded comfort To the Ring
thieves, ballot box suffers. ana repeaters, VINO.
In this city, are accorded degree OF impunitN
which they would not find IN any other part OF
tha Northern states.
From the accounts given by different mem
hers OF the jury TO Times reporters. II appears
that from the nrst the most urgent efforts were
made by the minority to bring over tue ma
forty to a vote for CONVICTION, The INSTRUCTIONS
Of Judge IN yer atfording the main support Tor
Iheir arguments. But one or Two OF the jurors
had the nrmness to resist to the end, anu no
conviction was had The following account Of
the proceedings in the Jur, room WIS turnished
by Mr.. Robert Thompson. juror who stood out
for acquittal to the last
when We irst into the jury room We took vote
FIVE voted f9i eonyetlon ana seven t9T aeaqs s o
another vote. and eY al turned over out me- m1Ainl
ssid that four had changed then mines again ma sinl
s, 'T i ior ~ Sut am NOT certain as To- the dey
In the mean tine ihcl got ~ report mat We wou,t
Would have we H g Bay Tor our neal On fufsday tainI
n waf, made rem Tk that W. had not taScn fcSu
lar vote since the urst day. one Of cur nun her Oh
our names down and called them over lhey all voiet
for conviction except two u us Mr.. slabaugh anu my
sclf. tTN II thcrC had bcCn vote taken On Satur
day there would rave been four for acquitta We di'
MT take vote because thought II vas OF no use
II a vote had been taken on saturday, believe IN
Hickman. sian ugn, McMaunus. ana myself would lave
voted Tor acQuu bell Yea from the evidence IN 4
Mckay wac uOt honest, sald that 4 STAYED ther'
TIL Chrismas | would not change my m!nd Iuey al
&C >nowledgod that Mckay Dad man. aud that HI
ohiaine1 contricts fraudulent IN inner, but thel
said that had nothing to DO win stealng and, undo
the charge Of tue Court they considered that the Ie
should have proved him 10 be thef and that II Ia fan
TO dc The nYc VINO origins " for conviction
were very earnest 10 hrns the Others over. and a
tincs harsh used N the deliberations
ana In the matter whit believed to b. nv duty con
scientiOusiy, and have reasOn ~ doubt that tn
other Jurors did the SANE
Another juror, Mr. John Streeper. said:
II Mcclure had called Mckay fraud. we'd hav
cleared nm, because he - fraud. lie showed that h
didn' steal thing but there sas no mistaSe ahcu
the fraudulent Transaction HE'D hit u right on IN
head II he'd called Inn rsscal. and then we'd hay
come in the nrst night Politics were not mentioned.
Taking all the circumstances into consider;
tion. 1 would seem that. 50 far. Col. Mcclure
rather ahead 10 the night and It is very doub
ful whether Mex " Will. after calm consider,
ton. come TO the conclusion that his standif
In the eyes OF the community has been mat
rally improved BY trial OF this libel