The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-04-13
From the Chicago Journal Of Wednesday euesi
FOUND GUILTY.
THE JURY CONVICT FRYsINGER
AND sEAvERNS AND THEY
MOVE FOR A NEW
TRIAL.
The Motion in the Pahlman and Rush
Case Will Come Up To-Morrow--
Sentence Day Deferred Till the
Close of the Trials.

Sentence Day Deferred Till the
Close of the Trials.
The jury in the United States district
court, in the case of Geo. 2. Frysinger
and Frederick A. Seayerns, remained in
consultation until twenty minutes before
o'clock this morning. Atthat hour they
succeeded in arriving at verdict, which
they sealed, and retired to their boarding
places. The verdict was opened and read
at the opening of court this morning. The
jury found Frysinger guilty on all the
counts, and Seaverns guilty on the third,
fifth and sixth counts.
General Hawley desired motion en-
tered for
A NEW TRIAL,
which was done.
Mr.. Murphy, for Seaverns, desired to
know whether by the practice Of the
courts he was not entitled to have the jury
polled.
The court replied that, by conserving to
a sealed verdict they had waived that
right
District Attorney Bangs desired that
the defendants be required to give addi-
tional bail, or be taken into custody.
General Hawley said that Frysingor' S
bail was already $4,000 on both indict-
ments. the second of which the govern
ment did not propose to try. Seaverns
bail on one indictment was s$S,000. The
bail was larger than was required in the
other cases, but Seaverns came in without
| counsel and gave it, and they let it stand.
| His point was that the bail was sufficient,
even after conviction. The bail OF the
other convicted parties had been fixed at
| $4,000. Frysingers bail is Ialready So
| 900 more than that. His sureties reside
in Rock Island, and it is difficult to get
them here.
Mr.. Boutell was disposed to make him
furnish another bond but Judge Bangs
was satisfied as it stood, and the bail OF
both defendants was allowed to stand as it
was.
The court asked when the motion for q
new trial could be taken up. This case is
an isolated one; it is not connected in any
way with the Chicago cases, and could be
disposed of at an early day; but the other
side had not seen Mr.. Storrs this morning
and cannot fix time.
Judge Bangs said he would bring uI
the motion for new trial in the
PAHLMAN AND RUSH
case tomorrow morning. And while or
that subject he desired to bring up The
matter of sentence for those who had beer
convicted and pleaded guilty, He would
have them appear whenever the cour
would attend to it.
THE COURT
said it appeared that there are three i'm
portant trials yet to come off, those 0
Mum, Wadsworth and Ward, beside
some of the gaugers. A jury will be call
ed for the trial of these parties in May. =
Enough has already appeared to show tina
these cases largely run together, and ar
all more or less part of one conspiracy. !.
The court could not act intelligently unit
all the cases have been tried and all tn
facts are before it. To be sure the de
PENDANTS would be allowed to procur
evidence in mitigation, and that woul
afford some light But as within the mex
few weeks all the cases will be disposed OF
he could not see any objection to putin!
off this matter until then. 1t would b.
difficult in advance of that to adopt prop
er scale of punishment. Of course
could not base his action on what has ap
peared in the public press or in private
He must be guided entirely by what ap
pears before the court judlcially, Unles
the district attorney could submit goo
reasons to the contrary, he would suFges
a pOstpOnement.
This was as he understood the cours
pursued by Judges Dillon and Treat i
ST. Louis and Gresham in Indianapolis
Judge Bangs said it had occurred t
him that sentence had better be passed
but he would abide the decision of tn
court.
Mr. Boutell suggested that as the motto
r for new trial in the Pahlnan and Rus
case would come up to morrow, the sam
motion in the Frysinger case can be ais
disposed Of
GENERAL HAWLEY
rejoined, with considerable warmth, thu
he could not see why in this particular Gas
0 the government was SO anxious to rush
to termination, and the defendants I
sentence, while the other cases have bee
hanging on for months and nothing don
in them, The idea OF giving them but OF
d day to get ready Tor the argument of til
@ motion for new trial, seemed to hi
:, altogether unreasonable.
The court said they should have
y reasonable time. There would arise, son
n questions of law in that case he would lii
d to naYe argued. No conclusion was reac
!. ed
= The court then dismissed for the teri
e the Jury in the Frysinger and Seaverl
= case
s The verdict was a surprise to the defen
. ants, their counsel and friends. The
r insist that only in times like the presen
i when feeling and excitement rule, al
It jurles feel bound to convict everybo(
it accused of crime. could verdict of gu