The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-05-22
MACKIN-GALLAGHER CASE.
The Judges Disagree and the Case Will Go to
the Supreme Court.

CHICAGO, May 2L-The writ of error asked for
in the case of Joseph c. Mackin and William j.
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 go to the United States
Supreme Court, and in the meantime the con-
yicted parties are released on ball. pending the
decision. MackiL and Gallagher were convicted
f rifling ballotbox 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 filing of a criminal information against them
point was argued by their attorney, in the pres
entinstance, that their offense partook of the ma
Mre of an infamous Crime" in the meaning of
the United States statutes, and that a criminal
information was not adequate, but the accused
should have been regularly indicted by the
grand jury. On this point Justice Harlan and
Judge Gresham disagreed, the former holding
that the conviction of the men was adequate
and complete. The prosecution of the two men
has been long and expensive, and great interest
centered in the result, owing to the prominence
of Mackn in local political affairs. II the Su-
preme Court should sustain Judge Gresham, the
prosecution WOulu nave 10 DC TeueWeu III tn6
meantime, indictments against Mackin and
Gallagher are pending in the State Court
In his concluding argument for the prosecu-
tion, General Stiles said: '"The testimony in
this case shows that the defendants are guilty
beyond any doubt or question. The proceeding,
by information, in such cases. is in accordance
with the settled practice of this district and cir
cult. and generally we believe, of the circuit and
district courts of the country. 1t is patent TO
the court, and to all, that the defendants have
not been in any way prejudiced by the par
not the slightest doubt but what a grand jury
would have indicted them without the least
hesitation, as the evidence in the possession of
government which was adequate to
convict them, was certainly adequate
10 indict them. So far as the final
result was concerned, it was wholly immaterial
whether they were tried upon an information or
an Indictment Even if the court has some
doubt as to whether the crime in this case is in
famous, within the meaning of the Constitution,
yet in view of the considerations we have Just
referred to, it ought to follow the established
practice of the circuit until the Supreme Court
shall clearly indicate that it is wrong. Besides
Mackin 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 or the court and the Judgment of the Dis
trict Court should be affirmed unless it clearly
appears that its judgment is wrong
Inc states attorney Of Cook county saws that
the trial OF Mackin and Gallagher under the in
0lctments procured in the Criminal Court of
Cook county Is set for next Monday, and that
these cases would be prosecuted without any de-
lay The indictments embrace the same charges
upon which they were convicted in the United
States District Court.