The Van Buren press., 1876-04-18
CROOKED WHISKEY.
One of its Victims steps up to the
I" Bar"
tst. Louis Times Of tho lltA.l

One of its Victims steps up to the
| Bar
tSt. Louis Times Of the 1lth.l
| Gen. Mcdonald entered the courtroom
at exactly 2 o'clock, escorted by deputy
Marshal Stevens, and was shown q sea,
about the center of the room and imme.
diately in front Of the bench. He was
much paler and thinner than when he
left the courtroom to enter the county
Jail, but he appeared yesterday in his
usual calm aud self. possessed manner.
He walked in just ahead of the marshal,
and just before taking seat bowed to
several acquaintances in the room, smil
ing very pleasantly. Judge John NJ.
Krum occupied a seat by Gen. Melon
aid, and Gov. Fletcher took position
Immediately behind him. The three en-.
gagged in whispered conversation, evi
IDENTIFY on the subject of the probable SEN
tence. Gen. Mcdonald was attired in a
neat but plain suit of gray; his shirt
front OF immaculate white was ornamen-
ted with plain gold studs, and he wore
standing collar and plain narrow black
tie. The only symptom of nervousness
displayed by him was the almost con
slant running of his hands through his
bair and whiskers. At thalfpa 0 clock
Judge Treat motioned to Gen Melon
aid to move forward, and accordingly
the latter, accompanied by Judge Krum
removed to the front row of seats. The
judge then commenced to slowly turn
over the leaves of his docket, paying nc
further attention to the prisoners Gen
Mcdonald, in a whisper, asked Judge
krum " Is he waiting for me to go on
or wont he say something himself2''
Judge krum replied. /" Oh, he'll speak
you sit still and wait for him to com.
mence"
Looking up from his book Judge
Treat said: Mr.. Mcdonald, you've been
tried and convicted of several offenscs
under section 3l69 ofthc statutes. Have
you any statement to make before the
court proceeds to take action on the yer
dict"
Gen. Mcdonald, with his voice tremb
ling very perceptibly, replied E" I've been
called on only moments notice, your
honor. Judge Chester Krum, who has
had charge Of my case all through, was
called away very unexpectedly to Jeffer,
son City this morning, and I've had no
opportunity to consult with him; in fact
I've only seen him once since the Bab-
cock trial. had expected to have quite
a good deal to say, but being completely
disarmed by his absence, shall say moth
ing. Ifyour homer deems it imperative
to proceed with this case, I'll call on
Judge John Nj. Krum to say what he can
for me-"
Judge Treat replied that the court
would not deprive the prisoner of any
benefit that he might consider the pres
asked Judge John NJ. Krum when Ches-
ter Krum would return.
Judge John NJ. Krum-"I think he
will probably be here to morrow. He was
tclcgraphed to go to Jefferson City at
once | can telegraph him Of this, SO
that he can return, if necessary
Gen. Mcdonald" don't think he
will be back for several days. as he is to
try case up there.
Judge krum-" think you are mis-.
taken about that, as he said nothing about
trying any ease when he left
Judge Treat Ito Gen. McDonald)-
"If you desire the presence or your
counsel the court will not deprive you OF
it. Do you prefer to have the matter
postponed until your counsel can be with
your
Gen. Mcdonald hesitatcd before reply
ing. and Judge Krum whispered to him
Certainly you do; tell him yes, you
prefer to wait"
Thus prompted Mcdonald said he
would be glad to have postponemen,
until Judge Chester Krum's return, where.
upon the court fixed the hour of lC
O'Clock next Thursday morning for pass.
ing the sentence.
is rumured that Judge Chester Krum
has gone to Jefferson City to make an eff.
fort for Joyce's release from the peni.
tentiary on a writ Of habeas corpus. The
decision of Judge Dillon in the Uuited
States circuit court the other day in re-
gard to cumulative punishment in the
Mcguire case has inspired Judge Krum
with new hope. Judge Dillon, it will be
remembered, decided that only one pun.
ishment could be inflicted on the five
counts in the indictment to which Ma.
guire pleaded guilty; that, in short, al
The counts in the indictment constituted
but one otfense, calling for single pun
ishment. 1t seems that Joyce was con
| victed on several counts in one indict
ment, and the court meted out punish
ment for each count. The maximum i'm
prsonment for the offense, as fixed BY
the Uuited States statutes, was three
years, but the court taking the view thai
several offenses bad been committed
sentenced Joyce to term of three ant
a half years in the penitentiary. Accord
i G to Judge Dillon's ruling he could no
have been sentenced for longer tern
than three years, and Judge Cheste
Krum argues that this error, in inflictine
excessive punishment, vitiates the Who'll,
sentence, giving Joyce the right to be
taken out of prison on writ of habeal
corpus for the purpose of setting the mat
ter right.
After the adjournment of court Gen
Mcdonald reproached Col Dyer for not
having called upon him in Jail. The col
onel explained his position, and Gen
| Mcnopol1 ronlia1 in l;o ,J,nLu ,,o,, -,