Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-02-08
LOCAL MATTERS,

LOCAL MATTERS.
WEATHER PRoBAB1mr1Es.-War Depart.
ment, Office Of the Chief Signal Officer, Wash
,ngton, D. C.. FeD'y. s. lS7S-l0:30 a. H.
For the Middle Atlantic States cloudy. rainy
weather, warm and increasing essterly. veerlng
| to colder northwest winds. falling followed by
rising barometer.
The SHINN CAsE.-When the Gazette's re.
port Of the Shinn trial closed, yesterday after
noon, MIR. Burke for tho defeuce had COM
menced his argument. He alluded to an anony-
nous communication which had been received
by the Commonwealth Attorney in regard 10
the case.
MIR. johnson said that the communication
was merely one complaining that that man
Lucas WAS allowing Shiuu 10 walk about the
streets.
Mr.. Burke thought that it affected the pris
ouer. He further discussed the question OF
persecution. lie contcnded that it was not
even shown that Shinn was legally elected seq
rotary Of the association. The law required an
election 10 January and none was held. There
was no law authorizing the secretary to receive
money outside of tho meetings. lie contended
that the Avery check was made payable to
ShiDD; he was entitled to draw the money and
could not have cmbezzled it. The deposit
ticket, introduced by the Commonwealth, show.
ed plainly that the money obtained tor the
Avery check was deposited with tho treasurer.
He contended that there was no evidence to
show any fraud or embe2zlement, but that the
prosecution had been instigated by the Inability
Of the accused to pay his debts.
Judge Lowe here reversed his ruling OF the
oI1ox fho m
ment on the fact that the prisoner did not tes.
tify 10 his own behalf. He had doubts on the
subject, and would give the prlsoBer the benefit
and instruct the jury not to take that fact into
consideration
Mr. Stuart continued for The defense. lie
maintained that this prosecution was inst gated
by the Bulldog Association from desire to
force the accused to settle up his accounts or to
wreak vengeance upon him. lie commented
upon the manner in which the prisoner had been
brought back from St. Louis. The accused he
said had handled thousands of dollars belong
iug to the association. and had be been inclined
to embezzle could have taken fortune and
have suffered no greater punishment than could
be imposed upon him under this Indictment
The law regulating these associations was
strict one, and with the constitution, fixed the
duties and powers of these officers which could
not be contraveued. He further asserted that
the defense had voluntarily come to trial on an
indictment found by a detective grand jury,
simply to show the people that they were not
afraid to come. II there had been any traudu-
lent intention On Shinn's part be could have
made false entries and covered up the fraud
o. the contrary there was not slugle fraudu
lent entry or erasure on tho books. tie de-
pcted 10 glowing terms the high standing and
promising future Of the accused in 1874, and
secuted the idea Of such man stealing few
hundred dollars. He also recounted the stress
in business circles and the consequent inability
OF many others, besides Mr.. Shinn, to pay their
debts. He warned the jury that this prOseou
ton was not resolved 90, by the association
uotl after all attempts to get redress from
Shnn' bond. had failed, and that while the
Governor refused to guarantee the expense of
bringing tho prisoner from St. Louis, the Com
mon wealth Attorney did.
Mr. johnson proposed to Introduce the ac.
count of Charles ID. Rudd, on the ledger of the
association, to show where Shiun received the
sum of $665 mentioned on the deposit ticket.
The defense objected to the introduction, and
after debate between the counsel, tho court
ruled out the question.
Mr.. johnson then closed for the prosecution,
claiming the testimony against the accused was
overwhelming, aud that the counsel had vrtu-
ally admitted the charge, merely claiming that
plenty of other people did as badly. lie urged
that the prompt and strict administration OF
justice Was necessary 10 order to check the tide
of crime which now seemed sweeping over the
country and that tho punishment should be
proportoned to the intelligence and standing
of tho accused. Mr. johnson then referred to
the anonymous communication sent him which
he said he Immediately handed to Lucas. tie
further said that he would not believe the writer
of such Communication on oath. he further
explained the matter of sending for Shinn to
st. Louis and his connection therowtb. lie
also replied to the charge Of persecution against
the officers of the Building Association.
Mr.. johnson continuing took up and argued
the points made by the counsel tor defense,
closing with an appeal to the jury to render a
verdict OF guilty and to make tho punishment
exemplary.
The defense then offered instructions which
were objected to by the Commonwealth ) AT
torncy and submitted TO the court.
Judge Lowe then wrote out instructions and
read them to the jury. A copy could not be
obtained, but the substance was that 1t the
Jury believed that Shinu received the check by
virtue Of his Office aud at the time and in the
manner prescribed by the constitution OF the
association for the use of the association. and
then fraudulcntly converted it to his own use,
then thoy must Gnd him guilty.
The jury retired about eight o. lcck, but ro-
turned again at 9:45 o'clock and asked tor TO-
structions as to the ACCESSIBILITY of tho Rudd
acc punt.
Judge Lowe informed them that tho account
was ruled out, and not in evidence.
A iaryman asked whether the ledger and
Journal might not be carried into the Jury room.
Judge Lowe declined to allow that as there
were portions Of the books that were not 10
eyidenc,. He offered, however, to have any
particular portion read to the jury.
This was declined, and the jury again retired:
At 1880 o'clock they were put in charge OF
special bailiff for the night and court adjourn
a .,..;l Ibis u,orninn at 10 n'clnnk