The New York herald., 1876-02-01
THE WHISKEY FRAUDS.
WILLIAM NJ KEE coAyIcrED-BABcocK AND HIs
WITNESSES NOTIFIED TO APPEAR IN COURT
ON MONDAY NExr-sELEcrrSe A JuRY TO
TRY MAGUIRE

ON MONDAY NExr-sRIEcIINe A JuRY TO
TRY MAGUnE.
81. LOWS NO. Jan 81 1876
Ihe Jurors In the case Of William Mckee one OF the
proprietors Of the Globe Democrat charued with com
plicy in the whiskey frauds received their instruc
tons from Judge Dillon, Judge Treat coiucldine at
halfpast ten O'Clock this morning. and retired Al half
past eleven
The charge very long II commenced with A
review OF the operations Of the "whskey Ring ad.
mtted fact by both Sides from 1871 ls76 There
was no doubt that the government had been defauded
OF millions in ST Louis alone and seemed astonish-
ing that the conspiracy could exist long The
PLANTATION lay in the admitted fact that information
was received from Washington and that SIS, 900
spent In buying OF agents and Investigations
There is every reason believe that the conspiracy
mere had its connections in other cities The govern
ment had laid its hands upon these frauds, but the
government sustained duty 10 its citizens we'll
TO its revenue and would not be benefited by the
victon OF single innocent man The Jurors
warned TO approach their decision dispassionatey but
70 90 their duty fearlessy and impartiay especially
must the Jury be on guard against feeling
THE PRESSURE OF PUBLIC INDIGNATION
against these frauds The only question before them
was whether the defendant and had been fully
proved TO have been in the conspiracy The only mo-
i've which the government had advanced in the ry for
the DEFENDANTS connection with the conspiracy was
that OF pecuniary gain The Court then passed in
view the evidence point by point for the government
with that raised by the defence 70 contradict it, and
hen passed TO the important question OF the weight
TO DO attached to the testimony OF co-consprators The
ruling may DO gathered from such sentences these
AS to coconspirators II is held that they competent
witnesses and under the legislation OF Congress
testify The testimony is always to be received with
extreme and DO weighed with great care by
the Jury II is proper for the jury seek material
iacts In support OF this evidence II any is
shown to have sworn falsely here or before the Grand
Jury In this matter the jury at liberty to reject all
OF his testimony. The most important and delicate
duty Of the jury is to settle
TuB cREDIBuIrY WITNESSES
TO the jury, and the jury alone belongs the question
OF weighing and deciding the worth OF this evidence
Ihey should be governed by the manner and conduct
of the witness his apparent motives and the strength
or weakness OF his recollection. The law clothes the
defendant with the protection OF innocence until his
quit s proven beyond reasonable doubt The evi.
dence OF guilt must be clear positive and abiding 1t
is not sufficient that there be strong probability
preponderance of testimony. but It be such that
when is all given to the jury they feel clear
standing and are satisfied of the defendants guilt
After the jury retired the Court announced that the
trial OF Constantine Mcguire Ex-Coector Of Internal
Revenue would begin at two O'Clock this afternoon,
and directed the attorneys notify General Babcock
and his witnesses to present themselves next Monday
| unless otherwise informed before that time
AT halfpast ten this evening tho jury returned and
brought in a verdict of guilty against Mckee He will
ile motion for new trial Tomorrow and expresses
confidence in an ultimately favorable result
On the opening of the court this afternoon the empau
eling OF jury in the Mcguire case immediately
proceeded with and resulted in the selection of twelve
gentlemen from interior counties They closely
questioned by the counsel of both Sides none OF
them had any opinion touching the guilt innocence
him. Major Luclan Eaton, one of the special counsel
Tor the government, then opened the case with state
men OF what the prosecution expected to against
the accused.
He stated that the prosecution proposed to prove
Mcguire had knowledge of the existence OF the ring
and the destruction of the records in the Collectors
office, and had failed to report the to his superior
officer; that he had made inquiry TO how much
money he was TO receive showing he expected share
OF the "ring" fund.- and some other general matters
The commission OF Mcguire as Collector of Internal
Revenue and some other documents were then sub
mtted and the Court adjourned
THE INDIANAPOLIS CAsEs-JUDGE GRESHAM RR-
FUSES NEW TRIAL TO HILL AND MGRAFP.
INDIANAPOLIS, Jan. 81, lS7a
The motions for trials in the cases OF James K
Hill and Alfred NJ 5Gran convicted OF whskey irreg
uartes during the present term OF the United States
Court were finally disposed OF this morning by Judge
Gresham, who refused hearing and will enter judg.
ment upon the subject tomorrow The Court reviewed
AT length the argument urged by defendants counsel
for trial, and the adavts they submitted fur.
therance OF the same The Court held that in the
OF Hill the declarations Of Couchnour, Lewis and
Phillips consplrators admissible bearing upon
the defendant and with reference 10 the objection
the Court erred in commenting upon the evidence
the charge to the jury II maintained that such
perfectly legitimate and proper in the In question
With reference to the newly discovered evidence ad-
vanced by tho defence as cause for rehearng,
the Court observed that the much talked Of report or
Mr.. Hill, made to General Veatch, relative TO sus-
pected dstillery Irregularities did not differ materially
from that to which General Veatch testified on the
trial prior the report question coming the sur
face, and the jude OF the Court the
OF Mr. Kingston and others relative to these transac-
tions, which were died In connection with the motion
for the rehearng OF the case, would have ttle II any
bearing new trial The question TO be determined
the discovered evidence is will Il: with the evidence
before introduced change the verdcJ juryS The
Judge expressed himself in the belief that the verdict
could not have been other than II was, admitting
the important and newly discovered evidence as the
defence term It, 10 have been introduced in the trial
proper
for rehearng were that the Court erred in Civ.
ing improper Instructions TO the jury that erred
refusing give the instructions submitted the
fendants counsel and the further ground OF newly
discovered evidence. The several points taken
up their order the Court overruling each and all OF
them and expressing its decided conviction Of the
justice Of the urys verdict in view of the evidence
established against the defendant
THE MILWAUKEE, FRAUDs-A FORFEITURE TO
THE GOVERNMENT.
MILWAUKEE, Wis, Jan 81, 1874
The first payment OF forfeited official bonds made In
this city oy indicted officials made by Fitzgerald
to-day The amount is $40 0o0 In anticipation of the
verdict against him Fitzgerald, who IS an gauger,
admits that he made the money by crooked" whskey.
None OF tho criminal cases being ready the Court ad-
journed the criminal calendar to March
INDICTMENTS FoR CONSPIRACY AND FALSE EN-
TRIES FOUND IN NEW oBLEANs-coLLEcTo
cAsEYs sUBALTERNs-THE INDIA BUBBER"
METHOD.
NEW ORLEANS, La, Jan. 81, 1876
General Brady Is pushing his investigation into the
whlskey frauds with great energy and determination
and the nutter tho "crooked" dovecote Is becoming
correspondingly alarming. Last week indictments
found by tho United States Grand Jury against
nearly all the principal disters for nonproducton OF
books, and to-day another batch was presented. In
addition TO this Messrs. Walsh cowand, Henderson.
Harman the gauger and the storekeeper Of Caseys dts
tillery were indicted for conspiracy
The plan used In this 10 defraud the government
is known a the "fndia rubber plan, by which the
stubs were filled up with less than quarter OF the
quantity called for by the stamp. General Brady says