, 1876-04-09

Epesa, DsspaeA to The Chsa7ce T.7b.uas
ST.. Louis, April 8.-Judge Dillon asked il
Mr. Mckee WAS in court. Judge Krum said he
vas not. but MES near by and would be brought
Judge Dillon asked if 1lr. Avery was present
Judge Ktum said be Was not. He Was in Wash.
iugton. Judge Dillon asked il Judge Krnm had
not understood the other day that he was tc
have Mr. Avery present to-day. Judge kruu
said he did, but Mr.. Avery had no money to pay
the expenses OF the trip, and oH1ng 70 the
sl,otness Of the notice had bean unable to Dor
row the money to come. Ho suggested that
the case be laid oyer till next week, Is By that
time Mr. Avery would probably ba able to secure
sufficient money 10 pay his expenses.
Judge Dillon said that be should have been
here. as, even il his motion we're sustained,
p. there we're 0thar indictments to which he could
be regplIed to answer.
Judge Krum said that it was through no dis
inclination that Avery Was absent, but mere in
ability. The case was laid over till next Ihuzs-
day
IR. M'KEE APPEiREp,
accompanied by Mr. II. J. Doherty, e1-Warden
OF the penltentiary. Mr.. Mckee tsas evidently
very much excited. Ho took seat near his
counsel and the Court announced its readiness
to pass upon his case- Judge Dillon said:
In the case Of the United States Ts. William Mckee.
the Indictment Is under different section than that
Of the ono which Col Mcguire was indicted Sec 459
Eeada toas no OF oie potsons Soasple sogesaaf 70
EN-. m nuS a - ~ iess ~" g ~
than $40 co., and imprisonment for not lcas than
two yearx In this case which was uper r5sl several
dsys resulting In verdict of guilty, motion for
1eW trial u made.
After reclting the grounds Of the affidavit,
Judge Dillon went into an extended review OF
the evidence which had been produced on the
hearing OF the motion, and concluded by aa-
uouuciuR that the 1notion for new trial wAB
ovRnBrnRD.
Judge Dillon asked II the defendant had any
thing 10 say
Judee Chester Erum said there MAS motion
to srrest iudrment fied.
JudRe LILLIAN said the Court had no knowledge
OF it.
Tbs motion was handed to Judge Krum by the
Clerk, but it's consideration was postponed until
Upon the opening OF the Court Judge Krnm
proceeed dsn to read tbe motion in arrest of iude-
ment. which ia substantially as follows The
point made by the counsel for Mckee WAS that
the Circuit Court had not bad Jurisdiction OF tue
RENTED rs required by etatxte, but only oopy
upon which the defendant had been tried.
The Court stated that the point was novel
one. and REQUIRED counsel on botn sides 70 file
briefs within stx days. During the argument
Judge Dillon interrupted Judge Krum, and said
Il the r>oe1tion suggested Was sound then the de-
fendant, had he been acquitted On his trial,
moHr HAVE BEEN TRIED AGAIN
On the original indictments. Judge Rum ad-
nitted this, aud said the Same principle would
be found to uuderlle former trial in this Court
This Was taken to be reference to Babcock's |
trial. The defendant in that case was tried and |
acquitted on a ttansc1iyt of tho Indictment re-
mitted by the CIRCUIT Court By tho District |
Court, aud, il the motion in the Mckee case |
should prevail, it will vitiate the proceedings |
in ali such cases, and then Bsbcock may |
have to feca Il neu trial on the orieinal |
Indictment returned to the District Court The !
point excites much comment in the profession, |
and the Courts decision IL looked forward to
with much interest. II this point is ovarruled, |
on a writ Of habeas corpus. can car
~ lis case to the United States Supreme
r;an1t and this course, II taken. viii be likely
n nostrone final action in the matter most In. |
da6r;talv-
~ the c,oee Of the argument Judee Dillon in |
formed 1ndre Krnm that the motion for arrest |
IN tlIs case was informal; that The motion |