The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-09
THE wHIsKEY FRAUDS.
s3sTNcH or MAGUIRE-ARGUMENr IN THE
kEE cAsE--AwAIrINo DECISION AZ TO

| sirrNcH or ACKNOWLEDGEMENTS IN THE
k'nE cAsE-AwAIrINo DECISION AZ TO
! kvrR1.
| ST. LOUIS April 9, 1876
| 1heJnitcd States Circuit Court densely packed
thismrnng by spectators, many Of them prominent
citizen, 20 hear Judge Dilon's decision In tho McKee,
MaS,in nnd Avery cases The Court first took up
sont nilroad cases. and after disposng OF Them an
noupcsd that in the Mcguire case the Ave counts IN
tho i,di.tments standing against the defendant,
and 10 which no p'eaded guilty, charging
him with fsiisng TO report 70 MS superior
ofioSn ceraln knowledge which no possessed would %
meFsd IN one, The offence charged In each being inc
saup and PASSED sentence OF fine Of $4,000 'he max
i'm en penalty. and six months imprisonment IN Tue
couEsfJaL the minimum penalty Judge Dillon then
asked lfw o Avery was present. and Judge krum,
hff ccisc stated ne not; that no couiu no. ~
here sn pccouns 81 not having means 70 pa. .ne
expenfe. Hut n the Court would defer Jung
ment ,h,l mex, veok he thought his client would be
able to- borrow money come on. The Court allowed
vDtl text Thursday for Avery to appear. william
Mckee was then called and motion Tor new trA
IN fnis case overruled Judge Krum stated tl-t
action ior arrest judgmen. was on ME- but me coar.
adir with 10 announcement that -fgnment on
~ Narid would BE- heard in the sss-'noon.
the case az McK.e an motion arrest Of Judgment
vac ,nkrn, az any argued The point made by Nc
KEGS cpuuevf that The Circuit Court had not had
Jarsssr.iop 81 he case tho original indictment never
haynx becn renttcd required by statute upon "
q copy OF which me defendant had been tried. The
Court stated tAai the point novel onc and re-
quirrd eounse both sides TO file briefs within six
days.
During Tho afgincnt Judge Dillon interrupted Judge
Krnn aud sac the position suggested was The same
then the dciensu had he been acquitted his tr.al
uiki have pfen tried again tho original ndict-
fnQEls
Jaarc Krun limited this and said the same pr,n-
cipe wori 10 onnd 10 underlie former trial this
CparG
Tins taken to BIO reference to Babcocks trial
lr0~ frtnd and ffa1n
a transcript o. Indictment RENTED the Circuit
Court, and u tho motion IN Tho Mckee case
Should. prenRa II VIII vitate proceedings
In all such ases, and then Babcock may
hart 20 fgte new trial the
original Indictment returned 10 tho District Court
The point exeisei much interest with the profession,
and The Court decision is looked forward 10 with
nu~t Interest II the point rs overruled tho dcfen-
dai msy writ Of habcas corpus carry the case to
tho United Stsf supreme Court and II this course Is
nsci = WI likely 70 postpone final action in the
iniurr hina0=i indefinitely
Az The c'ese q the argument Judge Dillon informed
siss.a KFtn hat the motion for arrest In this case
wits Informal hat the motion should be 10 dismiss
~ Judge Afrm accepted the suggestion and modified
hi motion &C, Srdingy.
9nrics Atsa ney Dyer asked the Court that tho for
e arc ~ Ascns bond be entered but stated n that
So 'lcnan appears on Thursday. ordered by the
~ ~ hc wouls tntcrpose objection to setting aside
N deauie Avcrys securities were then called end
ANfry's bond set.
'E1rTioN FOR THE PARDON OF MAoUIRE
ST. LOUIS, April s, 1915
4riision was put In circulation this afternoon and
SIG by many loading citizens and 1t Is said BY tho
COZ nj for the government asking President Grant to