The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-04-10
Avery, Mckee and Mcguire.

ST. LOUIS, April 8-The United States
Circuit Court was packed this morning
by spectators, many of them prominent
citizens to hear Judge Dillon's decision
in the Mckee, Mcguire and Avery cases.
The Court first took up some railroad
cases and after disposing of them an
nounced in Maguire's case the five
counts in the indictment standing against
the defendant and to which he pleaded
guilty, charging him with failing to re-.
port to his superior offers certain knowl-
edge which he possessed would be merg.
cd in one, the offence charged
in each being the same.
and passed the sentence Of fine of So, %
1.-THE maximum penalty and six months
imprisonment in the county jail. Judge
Dillon then asked if w. o. Avery was
present, and his counsel stated that he
was not; that he could not get here on
account of not having the means to pay
the expenses, but is the court would defer
judgment until next week that no
thought his client would be able
to borrow money to come oil. The
Court allowed till next Thursday Tor
Avery 10 appear.
William Mckee was then called, and
the motion tor q new trial in this case
was overruled.- Krum stased-skss
motion for an arrest of judgment was
OF. Gle, and the Court adjourned with the
announcement that argument on 1t would
be heard this afternoon.
Tho case of Mckee on motion in ar.
rest of judgment was taken up in the
United States Circuit Court this after.
noon and argued. The point maid by
the counsel for Mckee was that the Cir
cult Court had not had jurisdiction Of the
case, the original indictment never hav-
ing been RENTED as required by the
statute, but only copy upon which the
defendant has been tried.
The Court stated that the point was
novel one and required the counsel on
both sides to file briefs within six days.
During the argument Judge Dillon in.
terrupted Judge Krum and said that II
the position suggested was sound, then
the defendant, bad he been acquitted on
his trial, might have been tried again on
the original indictments. Judge Krun
admitted this, and said the sane princl-
ple would be found 10 underlie former
trial in this Court. This was taken to
be a reference to the Babcock trial. The
defendant in that case was tried
and acquitted on transcript OF
the indictment RENTED to the
Circuit Court by the District Court, and
| if the motion in the Mckee case should
prevail, it will vitiate the proceedings in
all such eases, and then Babcock may
have to face q new trial on the original
indictment returned to the District
Court. The point eIcites much interest
with the professions and courts,
and the decision is looked for
ward to with great interest Ii
this point is overruled, tho defendant
NAV, on . writ Of habeas corpus, carry
the case to the United States Supreme
Court and il this course is taken it will
be likely TO postpone the final action IN
the matter almost indefinitely. At the
close of the argument Judge Dillon in
formed Judge Krum that the motion for
arrest in this case was informal, that
the motion should be to dismiss,
aud Judge Krum accepted the sus-
eestion and modified his motion.
Accordingly District Attorney Dyer
nked that the forfeiture Of Averys bono
be entered, but stated that If that gentle
| man would appear on Thur.day As Or
dered by the Court, be would interpose
no objections to setting aside the default
Ayery's securities then called, and Av.
ery's bond was set aside.