Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1885-05-22
MACKIk AND GALLAGHER.
Their Case to Go to the United States
Supreme Court.
HARLAN AND GRESHAM DISAGREE.
The Point Of Disagreement That viii Garry
the Case to the Federal
Court.
AN INTERESTING ELECTION CASE.

CHICAGO, May 2l.-The matter Of the
writ Of error asked for in the case Of Joseph
c. Mackin and William ]. Gallagher, and
argued before Judge Gresham and Justice
Harlan, was decided this morning. The
two Jurists disagree. The effect Of this is,
that the question will 60 to the United
States Supreme Court, and in the meantime
the convicted parties are released on bail
pending the decision. Mackin and Gala
CHER were convicted Of riling the ballot
box in the Third precinct OF the Eighteenth
ward at the recent national election and
substituting bogus ballots for those cast
by the electors. Their prosecution was based
upon the fling of a criminal informs-
tion against them by the United States Dis.
trict Attorney, and the point was urged by
their attorney in the present instance that
their offense psrtook Of the nature OF an "in.
famous crime in the meaning OF the United
States statute, and that o criminal informa.
ton was not adequate but that the accused
should have been regularl , indicted By the
grand jury. On this point Justice Harlan
and Judge Gresham disagree, the former
holding that the conviction of the men was
adequate and complete. The prosecution
of the men has been long and expensive
and great interest centered in the result,
owing to the prominence Of Asckin in local
political affairs. If the Supreme Court
should sustain Judge Gresham the prosecu-
tion would have to be renewed In the
meantime indictments against Nackin and
Gallagher are pending in the State Court. =
General Stiles Argument.
In bis concluding argument for the prose
curion, General Stiles said: The testi'
,nony in this case shows that the defendants
arc guilty beyond any doubt or questio n.
The preceding by information in such cases
G in accordance with the settled practice OF
his district and circuit and generally, we
b.lieve, of the Circuit and District Courts OF
be country. 1t is patent to the court and
D all, that the defendants have not been IN
any way prejudiced by the particular mode
Of procedure adopted There is not the
slightest doubt but what grand jury would
have indicted them without tie least heslta-
lion. The evidence in possession Of the
Government which was adequate 10 CON
vict them, was certainly adequate to in.
dict them. To far as the final result was
concerned it was wholly immaterial
whether they were tried upon an information
or an indictment. Even il the court has
some doubt as to whether the crime in this
case is infamous within the meaning OF the
constitution, yet in view Of the considera.
ions we have Just referred to, it ought to
follow the established practice Of the circuit
until the Supreme Court shall clearly indi.
cate that it is wrong. Besides, Nackin and
Gallagher are the plaintiffs in this court.
They allege error in the record and the
burden is on them TO make out their case,
They must do more than raise a doubt in
The mind of the court, and the Judgment Of
The District Conrt should be affirmed unless
it clearly appears that its judgment is
wrong"