New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-01-27
4 .LnrRN1LLSr on TELL.

There has been no disposition on the part OF
respectable journals to PREJUDICE the case
against Mr.. Mckee On the contrary, there
has been apparent in many quarters Il DISPOSE
ton to extend to him a sort of sympathy and
to indulge a presumption in his favor not ac
corded to any of the other alleged participants
in whisky frauds. So long as he res;ed his
case upon a blunt denial Of accusations, and
avowed his readiness to meet them before
iury proclalming his ability to show that he
was wholly innocent, this feeling and pre-
sumption III his favor were not unreasonable.
But Mr.. Mckee, by his own actor it must
be presumed that his counsel have not
misrepresented him-has wholly changed the
feeling in his case At tho opening of the
trial they Withdrew the plea of not guilty, and
entered q demurrer claiming technical flaws
in the indictment. 1t has never been held
particularly satisfactory vindicatlOn Of chaIac-
ter If a man accused of felony resorts to this
sort of defense in order to escape punishment.
1t generally leaves the impression that he had
no other or better defense, and could not eX-
pect 20 escape the penitentialy i'll any other
way But the plea entered in behalf of Mr.
Mckee was unusually weak, and was fifty
characterized by Judge Dillon, in rejecting the
motion, as entirely frivolous and contrary to
reason. 1t was claimed that, since the i'll
dictmcnt alleged that Mr.. Mckee had con-
spired with others TO rob the Government Of
the tax laid upon spirits TO be distilled"
and there was in fact no tax levied upon
spirits until after they had been distilled, the
accused must be discharged This is certainly
an extraordinary plea to be made iii behalf Of
a man able to show his innocence.
Another motion by the defense has now been
decided which casts new light upon the case
The charge was conspiracy, and in the nature
of the case could be proved only by
testimony Of other conspi1?tors. Yet the
defense cndoavorcd to exclude al testimony
against Mr.. Mckee in the nature Of admissions
by other conspiratOrs, and argued the matter
AZ such great length, and with such pondcrous
array of legal citations claimed 10 be applicable,
as to show that extraordinary stress and labor
had been given to this line OF defense. This,
again, is an extraordinary defense for a man
able to show his innocence. Any man who
hoped to be INDICATED in public opinion
would insist upon having the whole case
against him presented, and would feel that his
honor would be tainted by the exclusion Of
any evidence from which an honest jury might
gain information This objection also was
| oyerruled, and the testimony, as it accumu-
lC'es, grows stronger and darker every day.
The press has deeper interest in this case
than in that Of other conspirators and has the
strongest reason for desiring that strict justice
| ,hould be done that Mr.. Mckee should b.
fully and honorably cleared if innocent, but
should not be permitted to escape by any
legal tricks or technicalities. We all know
that the press has much power for good OF
evil, and unhappily it is no secret that Its
power has in some cases been dishonor-
ably used. We all know that, by reason of
the influence Of public journals in political
affairs, they have peculiar opportunities foI
connecting themselves with corrupt traDsas-
items. and are exposed to peculiar temptations
In every great scandal, In which official ras-
cality is exposed. 1t appears that some journal