The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-26
Was Their Crime Infamous =?

Chicago Inter Ocean.
Mackin and Gallagher are once more abroad,
this time under bail of $50, 900 each. Their pc
tition for writ Of errorand stay of sentence
was granted by Judge Gresham, yesterday. 1t
does not follow, by any means, that new trial
will be granted; but there is possibility of this,
and even of absolute release on the ground of
no jurisdiction. The review of the proceedings
has been set for May f. before Judge Gresham
and Associate Justice Harlan. If the rulings of
Judge Blodgett are then sustained, that will end
the matter, and the convicts will have to go to
the penitentiary.
In passing upon the petition, Judge Gresham
was in duty bound to put from him all thought
of politics. and render his decision on strictly
him to do otherwise. At the same time, it
is matter of regret that he felt
obliged to prolong the suspense. Delay
in the execution of legal penalties blunts the
sword of justice, andnot infrequently terminates
in disagreement and virtual acquittaL. 1t is the
looming up. of this possibility, rather than the
mere fact that the convicts are at large, which
occasions regret and apprehension.
The decision of Judge Gresham begins by a
succinct statement OF the case, and closes with
the remark that it is not to be inferred from the
action taken by him that the ruling of the Dis
trict Judge would be reversed. and new trial
ordered. Between these extremes are presented
the reasons for the action taken. Not being per-
raised, he preferred to review the case in detail
in connection with Justice Harlan. That is as
near as he came to foreshadowing his opinion on
the points involved The inference is irresist-
ible, however, that the real uncertainty in his
mind was as to the legality of pro-
ceeding by information. 1t will be re-
membered that the indictments found by
the grand jury were put aside, and the prosecu-
ton conducted under information. Without in
curing into the reason for this action, it was as
Q1 nv ha MT All
this course advisedly, and it may prove so, but
at this stage of the proceedings, it would seem
to have been mistake, possibly fatal one. AS
Judge Gresham points out, one can be held
for capital or Infamous crime in United
States court, except on an indictment found by
a grand jury, and the question is whether the
crime charged against Mackin and his fellows is
or is not infamous" In legal point of view.
Such it certainly is in the light of the laws of
Illinois. A crime reaches to the degree of in
fanny when it disqualifes the person convicted of
it from holding Office 1t is curious freak of
court proceedings that the defense is driven to
magnify the enormity of the offense and the
prosecution to belitte it. The defense protests,
''We are infamous" and the prosecution de-
MES it.
Whether being convicted of crime the penal
ties for which involve term of years in the PEN
itentiary disqualifes one for holding federal
Office ought not to be an open question, consider
ing the great number of persons who have been
sentenced to the penitentiary by United States
judges. but it would seem to be debatable
ground.
Fear has heen expressed that if new trial
were granted a Democratic United States
Marshal would draw jury favorable to the
defense; but that is groundless apprehension.
The marshal does not have the selection of the
judges. There is no danger on that score. The
only danger is that public interest in the case
will flag and the prosecution grow limp and
nerveless in consequence With Mcdonald and
his half million of property behind them,
Mackin and Gallagher will leave no stone un-
turned to wear out the prosecution and escape
getting behind the bars of the peniteniary