Wilmington journal., 1876-02-04
He is i'm the Hands Of the Jerry
Charge of the Court.

He is i'm the Hands of the Jerry
Charge of the Court.
81. LOUIS, Jan. 31.-The Jurors in
the case of VIM. Mckee, one of the
proprietors of the Globe D. Inocrat,
charged with completely in whisky
frauds, received their Instructions from
Judge Dillon, Judge Treat coiuciding,
at 1890 o'clock this morning and
retired at IL 80. -:>-8
TIE CHARGE WAS QUITE LENGTHY.
1t commenced with d review of the
operations ofthe whisky ring, admitted
as a fact by both sides from 1871 to
1875. There Was no doubt that the
Government had been defrauded of
millions in st. Louis alone, and It
seemed astonishing that the conspiracy
could exist so long. The explanation
lay in the admitted fact that the infor
nation was received from Washington,
and that $35. 900 WAS spent III buying
off reveuae agents and Investigations
There Is every reason to believe that
the conspiracy here had its connexions
In other cities: The Govsrnm ut had
laid its haads upon these frauds, but
the Government sustained q duty TO
its citizens as well as to its revenue,
and would not be benefited by the
conviction of single innocent man.
The jurors W. re warned to approach
their decision dispassionatelv, but to
do their duty fearlessly and impartial
ly. Especially must the jury be on
guard against feeling the pressure of
public Indignation against thes"
frauds The only question before
th' IN was whether the defendant was
and had been fully proved to have been
/ IN THE CONSPIRACY.
The only motive which the Govern
ment had advanced III theory for the
defendants connection, with the con-
| spiracy was that of pecuniary gair.
| The Court then passed in review the
| violence. point by point, for the Gov
| ernment with that raised by the de,
fense to contradict it, and then passed
to the important question of the weight
! to be attached to the testimony OF Ghe
cunspirators. The ruling may be gath,
cred from such sentim ITS as these
''As to the cOnspIrators it is that they
are competent witnesses, and under The
legislation of Congress must te tify
| the testimony Is always to be received
with extreme caution and to be weigh
ed with great care by the jury"
It is proper for the jury TO seek for
| material facts IN support of this evi-
| denca. Ii any witness Is shown to have
swOIn ftls ely here or before the grand
jury in tnis matter. the jury are at lib,
eriy to rel ecG ell of his testimony. The
most important and delicate duty OF
| the ju'y Is to settle the crpdIbiliiy OF
| these vitnesses.. To the jury, and tiie
jury alolIe, brioug> the question oi
! weighing and deciding the worth oi
this evidence. They should bs govern,
eel by the manner lEd conduct of the
| wltGess, his appa. eut motives and the
strength OF Weakness OF his recoticc-
ton. The law clothes he defendant
with the prott ction of innocence until
his guilt Is proven b. you'd reasonable
| doIbt. The evidence of guilt must be
CLEAR POSITIVE AND ABIDING.
| L. is net sufficient that there be strong
| probability .r = prep .lIderanee OF tes-
timonY, bnt /. must be such that when
it is all given to the jury they feel ii
clear understanding, satisfaction oi
the prisoners guilt.
After the jury retired the court all
nOunced that
| THE TRIAL OF CONSTANTINE MAGUIRE,
ex-coilector of internal revenue, would
| begin "a O'clock this afternoon, and
| directed the attorneys to notify Gen.
| Bnbcock and his witnesses to present
| themselves next Monday, unless other
wise Informed before that time.
AFTERNOON SESSION.
ST. LOUIS, Jan. 31.-On the open
| ing of the court this afternoon, the
impanneling of the jury in the Mcguire
case was Immediately proceeded with,
aud resulted in the selection of twelve
gentlemen from the interior count es.
They We're closely questioned By the
counsel on botn sides, but none of
them had any opinion touching the
quit or innocence of the defendant,
aud lad no prejudice for or against
him. Mayor LuciaD Eaton, one of the
| special counsel for the Government,
then opened the cese with statement
Of what the prosecution expected to
| prove against the accused.
MKEE FOUND GUILTY.
ST. LOUIS, Ian. 31-According to
previous announcement, the court re-
convened at 10 p. m., Judge Treat on
the bench. to receivee what the inry
i'll the Mckee case might have to pre-
sent a A-quarter of an hour later the
jury came in with the following ver-
dict: We, the jury, find the defend
ant guilty" The counsel for the de-
fense asked that the jury be polled,
which was done, and ali the jurors
responded affirmatively. Judge Treat
then stated, III relation to bonds, that
he would prefer that that matter
should be decided by Judge Dillon.
L. was then agreed that the defendant
should be called tomorrow morning
upon the opening of the court and the
amount of bonds determin, by the
full bench. The defendant lett the
courtroom with his counsel and nu
merous sympathizing friends Tie
verdict was un 'xpected, almost every
body anticipated disagree ement or
ucnr11t&nl