The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-05-19
SHERIFF WALLACE
No ment-Bus $500 Fine.
DAN. MCCARTHY GIFTS THE sAaE SENTENCE

This morning, in the United States
Court; after the disposal OF the long
winded case of the KeDt0n and other
Insurance Companies. The cases OF
Sheriff VIM. Pitt Wallace and Turnkey
Dan. Mccarthy were called.
The prisoners were both there sur
rounded by their counsel an persOnaf
friends. Judge Swing asked the cOur-
sci if they wished to argue the motion
for a new trial. They answered that
they did not, but would submit the mat
ter to the judgment of he Court.
The Court then took up the various
| objections (pub ished by us some days
ago and reviewed them in their order,
statlDg at the close that in his opinion,
from the evidence as given on the trial
by the cO-conspiratOrs, Flanagan, Moran
and Oyeraker, and rrobOrated by the,
testimony Of witnesses McCafery and
| Sheriff Sprigmeier, he could not see that
| the verdict as rendered by the jury was
| against that evidence. AS regards the
grounds urged for new trial, tnat SONS
OF the various counts OF the Indictment
| were inconsistent with each Other; that
while that may be true, aud he would
not advance an opinion upon that score,
yet it was In the power of the District
Attorney, after the verdict, to enter
nolle on such of the counts as
he saw fit, but that II there
was single good count in the ind.c.-
ment the verdict could not be set aside
in arrest OF judgment.
| Mr.. Charming Richards, the District
| Attorney, then arose ana sail:
| ''ln SO far as the eleventh count is
concerned, desire to say that, as the
ljury found the defendants guilty of the
otfense OF procuring and aiding in the
escape OF Young, as charged in the
first ten counts, and the eleventh
count, upon which there had
been a conviction, charged
a conspiracy or agreement between
them to commit that off 'nse, ii the
otfense had been a ielony, there would
have been merger Of the conspiracy.
While that rule did not apply to
would seem to apply in case
like the present, where the puH-
ishment for the conspiracy
was more severe than the penalty pre-
scribed by Congress for the commission
OF the act itself. will therefore by the
leave of Court enter nolle as to tue
eleventh count"
rhereupon the Court overluled both
motions and ordered the prisoners TO
stand up and receive sentence.
| Wallace and Mccarthy both appeared
ontwardly calm and without the least
Il perceptible ag tation arose ana were
sentenced TO pay fine of 5000 and the
costs OF prosecution.
They were much surprised at the
lightness OF the sentence, and upon
turning from the presence Of His Honor
their faces showed the satisfaction with
hlCh their doom WAS heard
| congratulations by their ATTORNEYS
and intimate friends were shOWered
upon them, and soon after theV with
dIcw from the building.
| Upon leaving the Courtroom Sheriff
Wallace went to the telegraph Office.
and sent word to his wife, III Ayondaie
regarding the result, and afterwards re-
paired to his office, where his many
lllends who had heard of it, dropped
III to offer congratulations at the happy
termination OF the affair,
Ohe enthusiastic friend offered check
Tor the amount OF the fine, DuJ IL was re,
fused. TIE fines and costs in botn cases
will be paid on Monday.
l. Dan.7McCarlhy also comes in for hin
share OF handshaking and congratuia-
tlons, and the expression OF his lace has
undergone marked change-frOm the
sOmDre to the eiated. Dan. is happy,
Alter sentence had been passed Hpon
Wallace, he desired to thank Judga
4 Swing for the clemency shown, but
said he, in speaking Of it afterwards:
Il Was unable 10 do it; wanted tn.
but telt so queer that l found it inn.
. possible. l had been neryea
up to anything from thinking
of it all night, as had been notified
some days ago that to-day sentenos
would be passed, and when it was over
and L found that mad escaped impris.
onment, my feelings overcama me and
could not utter word"
AS this conviction is in the United
States Court, the Sheriff will NOS lose
mis- flee. Had the crime been one over
when The State Courts had jurisdiction
he would have been deposeu from Office.