The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-05-10
THE WALLACE MCCARTHY TRIAL.
Both Prisoners Found Guilty on
All the Counts.

his argument LOT Lne ueiehse, anu ""'
followed by Hon. 3. F. Hunt and Gov
ernor Noyes. District Attorney R'ch-
ards closed the argument by short
speech for the prosecution, ending at
quarter to 9 O'clock. Judge Swing then
charged The Jury substantially as fol-
lows:
He said the defendants were indicted
under Sections $3.50 and 5,44O OF the
United States Statutes, which he read
as follows:
Section $500. Every person who cor
ruptly or by threats or force endeaVofs
to influence, intimidate or impede any
witness or officer in any Court In the |
United States In the discharge OF his
duty, or corrupuy, by threats or by |
force, obstructs, impedes or endeavors
to obstruct or impede the due admins
tration OF justice therein, shall be pun
ished by fine Of not more than SOW, or
by Imprisonment not more than three
months, or both.
Sec. s, ,440. II two or more persons con-
spire either to commit any oHense
against the United States, or TO defraud
the United States in any manner or 1or
any purpose, and one or more such par
ties do any act to effect the object OF the
conspiracy, all the parties to such COL
spiracy shall be liable to a penalty OF
not less than $1,000 and not more than
SIC, ,000 aud to imprisonment not more
than two years.
He proceeded: Under the first ten
counts, in order to convict the defend
ants, or either OF them, 1t would be nee
essary for the jury to 1nd from the evil
dence that tney did, or ole OF them did,
unlawtully Obstruct or impede the due
administration OF justice IN the Circuit
Court of the United States. II the jury
found that they did so by any one OF
the acts described in either Of the ten
counts Of the indictment (Which the
Judge ready, they would be guilty. The
Ijury must, however, find thut either one
or the other OF the parties had been
guilty of corruptly obstructing and i'll
Ipeding the due administration OF justice
by one of these several acts, before they
could find either Of them guilty. Ii the
testimony did not satisfy the jury OF the
Iex,stence OF that TACT, then they would
not be guilty under either one OF the hrst
ten counts. In order to render them
guilty under those counts it was not
necessary that they should physically
themselves have procured the escape Of
Young. II they contributed by advice,
by money, by any assistance whatever,
in accomplishing either one OF the OH
jects described in the first ten counts,
for the purpose of obstructing and I'M
Ipeding the due administration ol justice
Tor the purpose OF enabling the prisoner
to escape from the custody OF the Mar
, shall, then they would be guilty. The
eleventh count was tor different Of
tense, and was under Section 8, 440. Two
, things were necessary in order tc
prove the conspiracy: First, thai
. there was an arrangement between
: the parties, and that some act was done
J to carry it into effect. The testimony
must establish the fact that the defend.
ants conspired together, or that one ol
/ them conspired with some persons
/ named in the Indictment, or whose
names were unknown to the Grand jury
to corruplly obstruct and impede the
due administration of justice, oy aiding
Charles Young to escape, and one Of the
, acts must be proven as charged. The
+ Indictment charged them with conspir
, ling together with Pat. Moran, e. ID
= Flanagan, and some persons whsst
names to the Grand Jury were un
r known. The testimony must satisfy
, the jury that these two defendants
. either conspired together-for it tool
l Two TO make a consplracy-or that thel
J conspired with somebody els, or that on
OF them conspired with Moran or witt
e r. d. Flanagan, or some persons un
/, known to the jury. If a conspiracy b.
: charged against two, and one OF the tw
8 was shown not to have had anything t.
4 do with it, they must both be acquitted
t for, as he had said before, 1t require,
l. two to make conspiracy. But 1T d.
|. not follow that because two wer
/. charged with conspiracy with som
r one else, that II one OF the three did no
;, have anything to do with it, and yet th
q other two had-it did not follow that tn
a Jury could not convict one and acqui
f the other. But if the jury found ina
!. neither of the defendants conspired tC
q gether, but that eacn one OF them Coz
4 spired with third party, then they al
q guilty, as if they conspired together.
v On the subject OF conspiracy, and a
to the character OF the evidence neces
sary in a case like this, he said he coul
not do better than by reading the Lar
lie also read from Justice Mclean, [5t
u Mclean, 60l, and from Starkey on Eyl
dence, 761. This was the gist of th
r charge, but the Judge proceeded to il
3, strucG ,he jury as TO the rules govern
ing, and the weight to be gwen certai
IT evidence, and as to the degree necessar
r. to establish the offense charge, windin
! up with grand eulogy upon the con
II mon law, and the statutory law of th
,. United States.
The jury then retired, and after an al
- sence OF forty-tve minutes, returned an
!, rendered the following verdict:
70 1--WE, the jury, in the issue joined
y the United States against VIM. P. Wa
~ lace and Daniel Mccarthy, DO find
= follows: VIM. p. Wallace, guilt
. Daniel Mccarthy, guilty, as charged
the Indictment"
AFTER THE VERDICT.
"a Mr.. Wallace received Lne result viii
seeming Indifference, and immediate
broke away from his host of friends. &
got into his buggy aud drove out to A
b. Undale to break the sad news to h
family.
Dan. Mccarthy was sitting in the Ms
shaPs office when the tap OF the jury a
nOunced that they had arrived at We
dict. From his experience in the Cour
he knew wnat Snort sitting Of ju
r. meant. He remarked, They've co
r. vlcted us" and then bore the result wi
the same tortitude shown by Wallace.
M'CAFFERY AND GOVERNOR MOVES.
Alter the veruict Touy McUutfer
q, who was one OF tue witnesses for Il
prosecution, approached Ex-Goyerp
Noyes, who during his argument G