, 1876-02-19
COURT PROCEEDINGS
,tAnfr1.a RTDnr,

ST, LouIs, No., Feb. 15-Upon tbs conc'u-
sion Of tho session Of tho court last oyon'ng tho
DIstrict-A Attorney announced tl,nt he would have
,ouao yobutta! orldenco TO offer this morning.
Unon tho opening to-day, George Gavin, tho
3ecrstary Of tho Dosrl Of police commissioners,
xna Called for tho pnrposo Of showing tho rco-
,rl Of Mag!!l, tho lette1-cas1iet, who testified 10
.eturaiuE tuo let!cra to Joyed. Tllc witness did
sot answor, mud tho Dsst.ict-Attornoy lniue-
l,atclY announced that tho Government would
2,lt IN 10 rcbuttal Testimony.
tho csss wah then dcclured clouod, 30 far AZ
.lo oyidonco was CONCERNED.
Judge uiilon asked it the counsel hal arranged
in what lnnnnsr tho clos!ug arguments should 10
aaac.
MOTION TO Acqul1,
Judge Porter asoso and rail that tho defouao
intcuied to rAlns question Of law, locking to
tho direction of q ycrGci, aud aaked permission
to addsets the Court, aud 1t was granted.
Ludgo Porter spoac Ut considerable length,
giving the Rrounds OH which he asked tho Cuart
10 a,tcct at this tiaxo Ut tiio trial. verdict of
acautttal. The right Of t,1ai by jury 10 hold to
DO . light guaranteed BY tile Constitution, aud
sauctou. = lu this CAKE" said Juagu Porter.
"upon tho untIisputel facto, We submit there
IA no question but for tho Court to aclult the
defendant" Tho eyiue,ro Waa then pasted III
{dH16H. fGEf CAf11Ull1 dlQN}J+ 41ut RltGS lA9
toGer, judge portor said: "Wo now ask for
Ihoacquistal OF tho defendant Of tle hauds OF
tho Court
At.es = hriot pause, tho Court asked tLe d.
Tense ii shsy were prepared to present Authori-
Judge Porter replied In the affirmative, and
proceeded 10 read from tho boots various caBos
Which ho claimed were parallel In this point Of
aw to tho one under consideration
Col. Uroauhcad, in reply to JudRo Porsar,
In f1 at,af "a puntfon nft ~ 1,,.
.ougo tbs Court must say thGro IL no toatl1nony
lthpr direct or Indirect by which tho Jury might
70 led to believe 10 The defondant'a guilt. l4c
lited tho fscts in the history OF tha caBo,-tAe
aiming $500 the corresponding with one OF tho
.onspirasots, after he was indicted, through &
ntrd party to tho giving OF vAfuRpio infoI1un-
don 1t the same time ho wAs protesting egAinst
patch notifying tho couspltatora here Of tho
ABANDONMENT of rAld before The Agetits Wlo
Ind bAon detailed 70 make that raid hAA boon
.ppEishd of the fact, Weso all 10 strongly pro-
lumptiYo in character that they inuet 20 to thu
Jury fpt declalon. Wheso there are disputed
tsussit u the province Of tho Jury 10 detormiue.
NOT ALLOWED.
Tho Court took tho mattcr under Adyisom0nt,
md, ou rsasnomblinR IN thu afternoon, Judge
Dillon delivered the following decisiou;
Tho testimony gu both sides being closed, do
eudant'a counsel moved tho Court for a per-
apptory direction to sha Jury 10 hoguit defend
,nt. Ths case Which the 0orerntnont Baekh to
make against the defendant IL enc which largely,
sortsaps exc!usiyoly. depends upon cticu.uatan.
sal evidences which II claims shows that the do
'sndant bad criminal knowlodgo Of the eonspis.
py 10 def1sud tho revenues iil Ut. Louis that
10 participated in that conspisaoy. Thu Gov,
ruusnt has sought to !mplicsta him ma!niy By
lie seatimony OF Evorest aa to the mailing Of
Bitter updcr citcumstauces which counsel for III.
Government maintain would Authodze the Jury
rot standing alono, but In COMMISSION With tn
,&her facta il evidence, to lnfor that oontanes
t6oo,eil4 and that u waa sent 70 am
esf. ssy % nd
t4e defendant. THO pleaons motion involves
question II to the relative powsIs and functloul
Il the Court and jury. which u Of great In
,ostAnce: Undoubtsdly the Court is Judge o
hs law in criminal - Nell ~ in civil casos, aut
~ juTy sse bound 10 reeeve and apply tho laX,
n @1pounded by the Court In tho ono class o
aaes the same ~ III tue other. Amol.ou of tl'
kA<Rcter OF tbs ons here made IL we'll known Il
b. praoties in Fsdeks! Courts. 1t 10 equivalent
sys khs Supreme Court Of ths United States,
a6&@G5rsE " ths evidence. Il answsrs III