The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1880-02-16

not be necessary to traverse the ground
again. The court had had time to reflect
on the afidayits filed, and had listened to
Mr.. O'Mara.
The court then went over the points
brought up and argued. He reviewed
them separately and carefully. He con-
sidered that Underwood and Drury. Jr.,
were not disqualified: their testimony
under oath was to be taken in preference
TO any other. The weight of testimony he
thought was in favor of Drury and Under
wood. He did not think the affidavits OF
Adams and Bowling were definite enough
to have weight. The other afidavits might
be about equal where one man swore one
way and another another; and the Jurors
referred to had probably been indiscreet in
their remarks. as it was not unfrequently
the case that after a man had been on a
jury for some days, he was apt to cham pion
the case in many instances, especially
when excited somewhat by liquor. but
that could not weigh against what they
had stated on oath. AS regards the
presence of officers in the jury room, the
law stated that an officer should be
detailed to attend tho jurors, and
this word attend. might be con.
s;rued to mean, either that an
officer could be in the room with the
Jurors, or might attend them and be in q
l. IL - ], l.,
or attempted to be shown that any undue
influence had been exerted on the part OF
the officers in attendance. The decision
of the court was that the motion for a new
trial was over ruled.
At the request of the court the prison
ers stood mp to receive sentence. The
court said: Patrick Grogan, You have
had an impartial trial by jury of your
own selection and have been ably and
skillfully defended by your counsel to
whom you should feel thankful. / shall
not lecture on the moral aspect of your
situation but will leave that for those to
whom that duty is usually assigned. but will
say that this should be lesson to all
young men against the indulgence in
Intoxicating drinks. The sentence Of the
court is that you be con6ned at hard labor
10 the penteutiary at Joliet for the term
of your natural life, the FIRST twenty four
hours to be 10 solitary confinement. To
you Patrick Gauey, the sentence of the
court is that you be confined at hard labor
in the penitentiary at Joliet for fourteen
years, the first twenty four hours TO be in
solitary confinement,
Mr.. OBrien then gave notice that the
case would be carried to the supreme court
aud asked that three weeks time
be allowed for preparing transcript of evil
dence ETC.. in the. case during which
time he requested tina: the prisoners might
be allowed to remain 10 the county Jail.
The court said the prisoners we're now
beyond his jurisdiction, ard in the custody
OF the Sheriff Sheriff Perkins said be
had DO objection to keep the prisoners
here and for the time asked as it would be
a saving of expense to the county Mr.
O'Brien then asked court to make order
that the copying Of the evidences aud SO
forth should be done without cost to the
prisoners who we're absolutely without
cent, Grogan and Ganey were here sworp
as to their being entirely without means
The court said be was not aware there was
any law on this point bat IN view Of the
if no objections were raised
by the prosecuting attorney or county eff
GERS be should make the order
The prisoners received their sentence
quietly, but 6rogaR When he sat down was
evidently deeply affected aud kept bis
hand before bis lace. aud tho tears were 10
bis .eyes when be removed his hand
Evidently he made a strong effort to con
zeal his emotion. Ganey did not exhibit
eny change of countenanco. The crowd in
the court room whioh was very great dur
ing the afternoon thAu Dispersed and the
prisoners were taken back TO Jail.