The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-05-08
VIM. PITT WALLACE
On Trial in the U. s. Court This Morning.
Testimony Taken up to 4 O'Clock.

At q quarter to 10 o'clock this morn
ing the case OF Sheriff VIM. Pitt Wal
lace and Jail turnkey Daniel NJ Carthy,
indicted jointly for obstructing justice
In assisting in the escape of Charles
Young, United States prisoner, W as
called In the United States Court, be-
Edward f. Noyes, e. NJ. Johnston, Esq,
and Hon. Samuel T. Hunt appeared for
| the defense.
| The Courtroom was crowded and the
| iliveliest interest was manifested in the
proceedings. Alter the jury had been
impaneled, Mr.. Il. M. Johnston arose,
asked for severance Of the cases, as he
was OF the opinion that a fair trial of Mr..
| Wallace could not be had without the
testimony of his Observation-Disclosures
thy. "The defense Of VIM. Pitt Wal
tlace" said he, "can not be made fairly in
this case unless he is entitled to the
testimony OF Mccarthy. l say that pro-
lfessionally, we ask that severance be
made that Mr.. Wallace may have a fair
and impartial trial."
Judge Swing examined the authori-
ties cited in similar cases by counsel
tor the defense, and said: "There has
been no case ever before me in which l
have granted seVeraucesby request OF
the defendants. There can be no find.
ing one defendant guilty ana the other
innocent. l recognize the rea IONS as
signed by Mr.. Johnston, but the fact
that one of these defendants is man Of
hitherto fair fame and influence has no
Influence on the Court. The motion for
severance is oyertuled."
Before proceeding with the examina-
tlon ot witnesses, Charming Richards,
United States Attorney, asked Of the
l1ury the usual question il there were any
lreasons why they can not fairly act as
Jurors. EX-Treasurer Mayer arose and
said that he had "Deen personal friend
OF Mr.. Wallace Tor many years, an.,"-
The Court-"rhat makes no difference,
II your mind is not made up on the sub
lject of his guilt or innocence"
Mr. Richards-"Are any other of you
gentlemen Mr.. Wallace's personal
IrlsndsW
Mr.. Johnston-"I object. You have
no right 10 ask that question"
The Court-"rhe Court thinks he has.
. Go on"
Johnston (sotto voice It'd file an
objection, but it wouldn'G DO any good.''
, The jury were then sworn, the sew
J read, Il short statement OF what was
claimed ON the part OF The prosecution
was made by Mr.. Richards, when
GOVERNOR MOVES
, salt: 'sWe are here " answer the charge
OF grave otfense against the law. Tue
: defendant is a man who for forty years
D has stood high III this community. We
l. are here to hear my client swo:r
against by men who are covered
with evidences of crime, who will
expect gentlemen Of the jury to
heap upon him the disgrace OF Il convic.
tion. These witnesses can not be con
, rronted by The prisoner. All the attor
e ney for the prosecution has to do is to
q make out a prtmG tdcie case Of guilt
The principal wltness III this case is
, one Z. ". Oyeraker; we will show
you that this man has been
guilty, OF detalcations Tor years
pasta man who is now at liberty
running around trying to get money
+ from his friends to pay up his iraudu
here unindlcted, with the understand
!, ing that ii he conyicts VIM. Pitt Wallace
he shall go free. AS regards another
: witness, we shall show that he is o
t such character that his testimony viii
not be entitled to belief. Mr.. Wallace
q had no inducement to help this mar
: Young to escape. He had been assured
a by competent authority that there was
n no tear that his contested election case
would not come out all right as to him.
, MIR. Hunt then made "a brief address
= in behalf OF his client, Mccarthy, anC
g was answered by MIR. K chards, who
: then presented in evidence the indict
ment of Charles Young, for illegal voting
at the October election. This being ad
mitted, the first witness,
UNITED STATES DEPUTY JEFFREYS,
r was called, who testlti ID mat he tool
the prisoner, Charles Young, to Squire
Rowekamp's off ;e ON the 9th OF N"
vember, when the contested election
4 case Of Taylor VS.. Wallace was unde
:. examination. lie was taken there lol
l.. crosse Examination. Left there ant
came down tO Fifth street. Went to th,
Empire saloon and then to Robinson.
saloon, corner OF Plum and Longworth
: Saw there the proprietor and two othe
men, Flanagan and English. Here fol
I. lows description or the bar-room.
Young asked the crowd to drink. Al
q did so myself. Young received my
permission TO so to the rear yard, whel
English and Flanagan left the saloon b!
> the front door. When l went to look fo
', my prisoner he was gone."
Cross-examined by Mr.. Johnston:
81 had taken Young out number
! OF times. Never took him out Of jai
= y only that he might give his evidence be
fore Squire Rowekamp. From wher,
: Young escaped it was mile 10 the Jail
We lett Rowekamp's at 4P. NJ. on tn
> day OF the 9Th OF November. The es
:; cape was made about 5. In the mean
time we walked around a good deal, an
: stopped at Hoffmann's place an
at the Empire. l took hir
wherever he wanted to 60. Some
: times we would be out until 1880 O'CLOCK
), Marshal Thrall never forbid il. Neve
: saw Mr.. Wallace when we were oul
Took him to Harding's for his supper
T. as he said he never got 1t in Jail. Ono
took him TO house OF i'll repute on Plur
), street, that he migut get some clea
linen."
BY MIR. Hunt-''Did you see Mr.. Nc
Carthy during any Of these walks wit
young JeffreysW
>, ''NO SIR"
w H. HICKMAN
. sworn: keep livery stable at the col
y ner oil Walnut and Thirteenth streets.
hired TWO buggies on the 9th Of Novem
. . Der last, one TO Moran and one 10 Flana
" ut 2 ftpInok 10 1,