, 1876-01-21
that II he sccures 4 nav trial hc will 10 kblo to
completely vindtcate himself ard to show that
tho jury was PACKED against him. lilo Wa con-
Ylcted upou cbafIe Of

vleted upon charge Of
RtcElv1xn A Dn1bE
from Hchroe!er, q tobacco manufacturer Of this
city. 0nenther aayn That in tho sccond trial ilo
will rroyo by conclusive Testimony that, lit
stcad' Of rhce,e,ng mnnsy from R:hfoeder,
Schroeder offered him tndnccmens to help him
out Of hi1 tr0ubleE md that ho refused to lston
to any proposition from him.
ThoTe In good deal of mTstiGcation about
Eitncsa Everest, frotn whom 30 1nuch III oxpcct-
Cd at tho forthcoming trials. Quo soport to-
ss naa Sa % Il Ill psersd s ha 1 haa
rIsco Of abode. Another rumor had him
concealed In somo remote part Of tho city whero
tho Government attorneys bad linn hid to pro-
vent Accees 10 bin from cmissatfes OF tho pav-
tics who sro TO be tried. third report ID that
lo has not Jot arrived. and that parties forre-
aentlng thu prosecution in Washington report
tl1at l'e hsH disappeared from that city md shat
It Ia expected that tho whole Of tomorrow.
and psTlans tho nc1s day also. viii so occnpleiin
obtaining jury. Tue prosecution Expresses great
confidence IN MeKee,s Ultimate conviction and
tts melotioua nu1nbcrH, they will themselves
give blast TINT 1lu make each particular hA,r
Of tho good Deacon too btand on end lIko nuills
upon tlc fretful porrant,ne."
WILLIAM A'KEE
y scnior proprietor Of the st. Louis Gtobe-
IensoeTdt+ Three Indictments for completely in
tha whisky-frAuda ars pcndlng against him. t1e
MAS born In Now York City ia 1915, aud is. cou-
scquensly, in tho 61st year OF his ago. When Is
office Of tho New York Courier and Enquirer.
1fc was subsequently, appointed to clerkship In
tho count'ng.foom OF that paper: in which posi-
0n b &C. son,auod zig ro nas Afsr H. b. to-
tee Of tho EseniWi Sfdr, whore lie romainod
five years. Thirty-lve yeara ago ho cama to st.
Louis. and shortly Thereafter engaged in The news
paper business, and has been in 1t continuously
oser since. He has been tho proprietor Of .aro
different establishments. Ono Of hia earliest
ventures was the UarnJurner, tho FIRST Free-Soil
paper published In aiave-hoillng Mttsouri. His
iisst successful venture MAS the founding OF tue
y. LouiB De1aocrat; which VAS eatabMhed BY
Mexico and Mr. William Hill. In 1867 q. ".
F3shback purchased interest III the paper.
and in 1863 D. II. IIonseF became partner. In
1874 Ftshback bought out tho outire concern for
S45G. LOO. Mckee aud l1ouser very shortly after-
wArdd began tie publication Of the Niobf. and
continued 1t until IL ahaorbcd tho Democrat, IN
1876 and became the Ulobe- -Ue1nocTat
>. Mr. Mckee is peculiar man III 1nauy respects.
His great ambition ia money. His habits arc
sin pe, and hs manner of living frugal and
primitive. Though worth s7j0.000 it IL doubt
fu II ho md Luis family posaoah a200 worth Of
1ewc'ry. 10 bits relatives and few HeIect
friends ho Is quito generous. in many reHpcess.
lle enjoSe tho aobriquct Of Deacon AIcKeo.
Tbs printors know him as "Uncls Billy"
though 4 - quite improbable that many Of them
address him with sucil familiar title. Ho has
nevor bcon a writer. md for several years oas
taaen no active part in the manaeoment Of his
no"snspcr-onterpriscs. no does tho heavy
HtundipG round, aud looks after his pcriodi.
profits with marked pnnctualty. lie stands .
great deal III tho door Of his counting-room aud
watches tho passing crowd. Ho never rides Ill q
rtroet-cnr pIcfcr1iug to wnis about u B1uarss
distant to h!a house Oh Washington aTeuue. llo
III now quito t|eshy,- decidedly noryous, and
Hmolcs lnccesautlY. His manner Is qulck and
AynteHHiDr Hn0ncioUH -$Nn rjfrt3mH{Ancnh
"hch mako amends for the grosBness Of his
physique.
fAe present charge Of conspiracy to rob tho
Government IL the only Hhnduv thlch has dark-
ened his reputation.
MKEE'B nEMrHnEn osEnnrLED.
17ofht tssoe.dttd Fress.l
81: Lou1s, 5an. 29-rhe Argument on tho de-
to-day 10 the United bsatcs Circui, Court. Tudeo
Chester Il. krum opened the argument for tho
defen:e, stating that tho indictment against Mr.
3lekee was found nuder .Sec 5,lio Of the
Cnlted States Hoyided Statutes, mud charged that
OH Fob. !. 1874, Mexico did couspirs With Bcirs.
Frasor, UIr1ch. Techuer, Dusby. and others to
dBfra,'d tho United 6tates ou. OF an intcr1lal
ferpnno ta4 Of 70 cen.a tlsa1 md there
psoof-Hpriss 10 be thereafter distilled; also thu.
On Fob. 10, 1874, DaylA and Frasor. in purauance
Of this conspiracy, dill remove from their dis
tilIery 1o, QUO proof. gallons Of Spirits on which
tho ta1 hud ,iot been paid and that tho other
flAuduirnt|y removed spirits without payment
Of tax. 1t ret forth, In like detail, the llso Of
atan'pe. To this indictment geueral demurrer,
isa5ssse atsipsss solely o TO ststsa s s'~' sss e.,
statute under winch tho indictment MAS
found provide that II two or more persnus
cousptra 10 do AL unlawful act, and II Bubse.
auonty any one Of tho1o does n unlawful act
consplIatofa nre liable: That portion Of tho In
dlctAlont which may bo called the conspiracy
portion WIS insufficient, becauso the ct!cct OF
that t, conspiracy could NOT detraud Tue United
conspiracy can work fr"ttd upon tho
United States tho conspiracy In not, pun lshao;o
Under tho necton Oh which tho, indictment ID
based. Parties may eonspiro a. much - they
please but unoss thoy conBpre to deprive tho
Uuitod statos of souo property right possesHed
by IT, thny caunnt bring Themselves within the
statute. Tho indictment Charged that defeud-
ant aud othcss conspifed to defrand tho United
States OF a tar Of ~ cents nor ga!Ion then and
there, GU Feb. l, 1H7s imposed BY law OIL spirits
TO be thereafter produced. II charged shat
tho conspiracy WAS to deprive tho United
States uot of something tlat IL possessed, but
OF Bumeth1nE that it WAS to becOms PogaGaaed
OF. Tbeso Is no Aycrlnent thAt they couaplred
70 thereafter produce artEits which wero to 10
disposed Of by thonl without paving tho Goyorn.
1nent its claim On such spirits. It olnpY charged
that they copspi1ed to deft1ud tho uovorumnnt
Of au existing tai On spiFta Which wo1u no: Gla-
tilod. This MAS q gross abHuEdlty, aud no
amount OF argument could correct this f&tal
defect OF this indictment, nor could the snb-
Hequcnt Averment, no matter how strong, AFFORD
such correction, unless tho conspiracy clause
ltaelf was perfect. No subsequent ayorments
I iu tho Indictment wsro Of any avail. becauHu
euch clause n,usl act forth IN offense in itBcf
independent Ut the balauco Of tho Indictment.
II was ahsurd to alleGo that tax OF 10 cents ror
gallon was u,en and tt,ero imposed OIL splrits
] thereafter TO DO produced. No tax can bs lul.
posed on distilled spirits unioss tlcss distilled
spirits were Actuaiy IN exiAseilce, ana honee no
conspiracy Gun TO formed to de&raud tito uov-
ornlneut out Of that which could not be imposoi
Judge Krum elaborated this aud other poittB
In longthy opeeoh, but the aboye consatna tho
gIRs ot 1iH argument.
Col. Jamoa o. DsoadAead, the non special
counsel for tho Government in place OF 0sn.
Henderson followed judge kruln. aud baid tho
objectloua to tho indictment mado by that gen-
tlelnan ws1o hardly material. The law imposing
tax on distilled spirits Is well understood lho