The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-01
The Mckee Case Given to the Jury

! Oh. LOUlS, UduuaiJ oi' h0 Juioi' '''
the case of William Mckee, charged
with completely in the whisky frauds, re-
| ceived their instructions from Judge
Dillon, Judge Treat coinclding, at half
past 10 o'clock this morning, and retired
at half past II o'clock. The charge was
very long. He said it was admitted as
fact by both sides that from 1871 to 1875
there was no doubt the Government had
been defrauded of millions of dollars in
ST. Louis alone; that information was re-
ceived from Washington that thirty
five thousand dollars was spent
in the buying of revenue agents.
There was every reason to believe that
the conspiracy had its connections in
other cities. The'government had laid Its
hand upon those frauds; that the gov
ernment sustained duty to its citizens,
as we'll as its revenues, and would not be
benefited by the conviction of q single
innocent man. The jury were warned
to approach their decision dispassioDa ate
" and to be on thoir guard against feel
ing the pressure o. public opinion, or IN
dignation against these frauds. The
question before them was whether the
defendant was and had been fully proved
to have been III the conspiracy. The
only motive which the government had
advanced was that of pecuniary gain.
! The court then passed in review the
evidence point by point for the govera-
ment, with that raised by the defense
to contradict it and then passed it to the
important question of the weight to be
attached to the testimony OF the co con-
spirat,rs. The ruling may be gathered
from such sentences as these: GAS to
the co conspirators, they are competent
witnesses, and under the legislation of
Congress must testify. Their testimony
is always to be used with extreme caution,
and to be weighed with great care by the
Jury. 1t is proper for the jury to seek
for material facts in support of this evil
dence. If any witness is shown to have
sworn falsely here in this matter, the
Jury are at liberty to reject all
of his testimony. The most del
icate duty of the jury is to settle
the credibility of these witnesses to the
Jury, and to the jury alone belongs the
question of deciding the worth OF this evi-
dence. They should be governed by the
conduct of the witness, his apparent
motives, and the strength or weakness OF
his recollection. The law clothes the de-
fendant with the protection of innocence
until his guilt is proven beyond reason
able doubt.
After the Jury retired the court an
nounced that the trial of Constantine
Mcguire, ex-collector Of finternal revenue
would begin at 2 p, NJ. and directed the
attorneys to notify General Babcock and
his witnesses 10 present themselves next
Monday, unless otherwise Informed be-
formed before that time.
On opening the Court this afternoon
the empan nelling Of a jury In the Ma
guire case was Immediately proceeded
with. and resulted in the selection Of
twelve gentlemen from the interior
counties. They were closely questioned
BY the counsel on both sides, but none
of them had formed any opinion touching
the guilt or innocence of the defendent,
and had no prejudice for Or against Maj.
| Eaton. The counsel for the government
opened the case with statement OF
what the prosecution expected to prove
against the accused.
The Verdict-The Defendant Guilty
According to previous announce
ment the court reconvened at 10 P. n
with Judge Treat on the bench, to re-
ceive what the jury in the Mckee case
might have to present. Quarter of an
hour later the jury came in with the fol.
lowing verdict: awe, the jury find the de.
fandant uilty." Counsel for defense asked
that the jury be polled, which was dons
and all the jurors responded in the
affirmative. Judge Treat then stated in
relation to the bonds that he would pre-
fer that the matter should be decided by
Judge Dillon. 1t was then agreed that
the defendant should be called to-mor-
row morning upon the opening OF the
court, and the amount of the bonds de.
termined BY full bench. The defen.
dant left the courtroom with his counsel
and Q number of sympaihlzing friends
The verdict was unexpected, must every
body anticipating disagreement or &C
quittal.