The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-01-26
1T. Louis whisky Trials.

ST. LOUIS, January 25.-Judge Dillol
rendered decision upon the opening o
the trial OF VIM. Mckee this morning
ruling that the case must 90 on. The con
spiracy had been one OF numerous acts
and the declarations Of the co-conspira
tors or accomplices must be heard. How
ever, when the case should be all in, Il
the connection Of Mckee with the conspi.
racy should rest solely on the testimony
Of the iaccomplices, then the court
would instruct the jury how little weight
was to be attached TO their evidence. The
intimation was that the evidence Of the
ring as to McKee's connection with them
would not be alone sufficient.
Following the decision Of the Judge
the testimony of Sanford NJ. Barton, the
manager OF Bingham Bros distillery, was
taken. He testified to the general opera
tions Of the ring-the amount OF crooked
whisky made by their house, the sums Of
money paid to the ring fund, and the
special assessments made for the alleged
purpose Of buying off revenue officers
and to prevent seizures. One OF the sums
raised in this way witness was told by
Joyce was to 60 to Babcock. Witness
had a conversation with Engelke about
the interview the latter had with Mckee
at the Globe Office, but he could not rccol.
lect it distinctly enough TO repeat il.
The cross-examination Of this witness
brought out nothing new.
John II. Concannon, a deputy collector
under Charles w. Ford, and for a short
time under Constantine Mcguire, was the
next witness. He testified 10 having
known Mckee for twenty years, and that
the latter was a good friend OF his. lie
saw Mckee in Ford's office dozen times
perhaps; saw him there during the visit
here OF General Sewell, revenue agent
in 1871 or 1872. He said that he wished
TO see Fitzroy; that he had an important
to make 10 him. Fiiz-
roy was not in his office at the time,
and Mckee said Finley Robb, storekcep-
,r at Benis & Frazer's distillery, would
10, and he wrote a note to him which
had delivered. Witness rccounted the
in which John Leavenwortl tried
o get him 10 join the ring, and proceed
ID: / had brief talk with Mckee on
he street and told him Brasher, the rev.
,nue agent, had arrived; at another time
told him, in pursuance OF general or
lers from Mr.. Ford, when three other
gents came, and at another time told |
lin when some were expected who did |
lot come; Mr.. Ford was not at the office
It the time and could not find him, and
went to see Mckee; one day Mckee
anne to see Ford, and subsequently Ford
allied me to him and told me that in all
ontidential matters, where an exercise
( prudence or judgment was required, |
hould consult Mckee; in fact his instruc-
ions were SO specific as to put me actu-
lily under McKee's directions; while
Hord was absent in Colorado consulted
nth Mckee on several occasions; when
o started away for n lengthy trip he
rrote me letter relative to Mckee; that
stter was afterwards abstracted from my
esk, but l can give the substance OF il.
The defence objeated to the witness
Iating what was in the letter unless its
xact words could be given. A discus
ion followed, and the objection was with
rawn.
The witness continued-The note was
bout this: "Ihave heard that possibly
,me detectives will come here. II they
0, make them show their credentials,
nd then see McKee," Witness knew
imon Bay, m employe Of Mckee. Ray
as appointed after Mckee sold the
,e1nocrdi. Just before the Globe was start
], l had a conversation with Mckee
bont the pay Of Ray as gauger. He said
. would need, Rays services in the Globe
lice, and that Rays brother would per-
rm the duties Of gauger. Ray was will
ng to take part Of the salary himself and
We. part to his brother, and let me have !
Ie remainder. l spoke to Ford aboutit
I'd he said II there was no dishonest pur-
ose in the management it was all right. |
The defense objected to this kind OF tes-
mony, and held that before II was ad- I
issable the government should prove !
at at the time it was violation OF the I
venue law for guager to do his work :
! proxy.
Judge Dillon to witness: "If Ray was L
titled to this compensation and il you q
d no part Of the work, why was it that !
u were to receive part Of the money" {
Witness-I don't know except as / said
fore, Mckee was my very good friend, +
d he adopted this plan to assist me. e