The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-09-09


cerning false papers, said be, It had beer
argued TINT II they resulted In good 10 the
public then no criminal act had been dont
IN making orders upon them. This was moi
acorrect view. Of the law. lie had beiorere
ierred to tho case Of Lord Bacon, and
wished nnwto read TO the jury his letter to
ine Lords while he was IN PRISON. judge
Wylie then read the letter and coinmente,
upon its fnllicies. 3g- ,g5,y *
The proof Of conspiracy might DO made
out from tho proof Of consequences follow
my. the conspiracy, said Judge sWylie
taking up another branch OF the subject
and he read IRON English authority IN
support OF this proposition, reciting til,
circumstances OF the operations OF What ar,
known as "tle three card monte mem In
tins city. lie said that, the only way in
which their conspiracy could be eNinade' ou
was by the circumstances following th,
actual swindling operation. .IFh
There wns ono further thing which hC
wanted To- Erefer to! Among tho pray.
era was lone to the i3elIect 4 thal
III 1t appeared that genuine pu
pers appeared 'Hamong the fraudulcn,
papers filed in connection with. with q
route then the order for expedition or In.
crease must be attributed 10 the influence
OF The genuine papers. Shcli u doctrint
could not be Tolerated. The bud could moi
be saved by the good,"nnd rice rersa. Par
ties committing. frauds often found it tc
their advantage to use some truth in their
operations. Lies were, OF SO impisll MI
ture that they warred among themselves
as well as being inconsistent with truth
Fnud'was not always falsehood, for he had
seen fraud Of the most abominablt
character, with " line 4. OF trutl
in It. II you find q man employing
both truth and falsehood in the commits
sion OF fraud his offence is even more
heinous. This was about all that he .coul
say at this time. lIe wished finally tt
remiud the jury Of the difference betwee,
their position and his own. II they believe
the charge against the defendants not mad,
out without reasonable doubt then the,
tshou'd acquit them without regard to any
clamor or any opinion Of the world. On
the other hand their duty 10 their countr,
required them TO bring in q verdict OF gull
tyif they so believed. '5a"9I sli9r- s
Yesterdays occurrences require Il pass
ing remark. IT his information was true
then there were men engaged in fixing thu
jury. 1t was natural that jurors so up
preached should feel indignant, but they
must not let that interfere with their calni
dispassionate judgment. $, Let them be SC
true to themselves rs to refuse 10 allow
themselves to be influenced by these con
siderations. 'HAjI SWEei.5
Col. Ingcrsoll rose and asked iiitwas with
in his power to direct theljurors to freely
and fully communicate to one another al
OF the information they possessed touching
these attempts ut bribery.t5,I'i 'iI'G. 5.sI37
Judge Wylie answered that he did no,
wish that inquiry started in the jury room
He would further say that the law forbade
jurors to carry into their rooms any
yoluminous notes, which he had perceived
they had made. s, j.. 83Tt,:l o. f. , .gi'.,t
General Henkle desired an. immediate
investigation Of the facts connected with
the attempted bribery OF the jurors ant
the punishment Of the guilty parties. II,
also presented q number Of exceptions 10 tilt
charge Of the court.
Judge Wylie interrupted the reading tG
pass upon 4 prayer, which he said he hat
forgotten. 1t relates to Vaile and assets
that he. cannot be held responsible for act.
done before he CAME into the combination
So long as II man profi,ed by conspiracy h;
was connected with it. II Miner sold in
tcrests in the contracts to Faile, the lattel
knowing the circumstances surrounding
them, he was equally guilty.
| This norton Of rho rhnrvn tvuc 81 Leo nv
cepted TO by Gen. Henkle, who called I'll,
attention Of the Court TO several Of hi:
prayers which lie said had not been passet
upon in the charge. - y ~ y: -
! The Court assumed lie had passed upon
them in Il regular way. Referring 10 on,
ofthe. prayers he said he did not believe i,
Interfering with members Of Congress and
generals OF the army in these matters. Thi
law only should be guide TO be followed
by the Postmaster General. When III,
General of eariny came here and said Ii,
thought every little mining camp in tn,
Rocky Mountains was. entitled to d daily
naI service the jury; must not accept thu
opinion us, the law. We should have ,
wretched condition OF administrative Attain
il public officers were to be guided by til,
advice and requests Of members OF Con
gress, even, when consistent with publ,
good. ~.,t .--~ -. 49,. -, ,.lS--i-- :,
Ii General Henkle and Colonel Totter
then went on at great length to point ou
what they regarded as neglected prayers
the court almost uniformly refusing tt
grant them. The reading and discussion
Of these consumed SO much time that il
was nearly o'clock when the jury re
tired. \ recess until o'clock, was then
taken, ut which time the jury was orderee
to report. - Eis ~ -. -
Shortly after the appointed hour tn,
Judge took his seat and the jury was sum
moned. The clerk inquired: "Gentlemer
OF the jury, have you agreed upon yer
dict?" Foreman Dickson answered.: "We
have not, except MS to one Of the defend
ants."' ai5H' aySi = Y t.iGL3.: HlI
The Court-Thatwill do You had bette
take your seats until counsel for the Gov
ernment comes" 90 X, :, .s:5-.5,,,..
! The jury took their seats 'Ss1 = 7
I McSsrs Bliss and Kerr came into cour,
at this moment and were informed OF tht
Condition OF affairs. +".ts ),
MIR. Bliss said he did not see what wa.
expected OF the Government counsel Til,
court then directed; the jury TO retire fo
further deliberation, saying that perhaps
by tomorrow they would find another ver
diet. They were cautioned to beware OF iur,
tixers. The Marshal was directed to tint
suitable accommodations for the jury dur
ing the night, and recess was taken unit
tomorrow morning at ten o'clock. 80 %
l. %. :, re b a. =. ,.f =
General GoT nmd the GcrlnanS. ~ ~.
Cincinnati yolksbatt. t'tl'
| General Nathan GotI, who under Hayes
administration was for Il time Secretary 0
the Navy, has been nominated by the Re
publcansiiof the First West Virginia dis