The Portland daily press., 1886-12-16
McoUApE CONVICTED.
The Great Trials Comes to a Most
Satisfactory Conclusion.
The Jury Agree on Verdict In Four
teen Minutes.
Mcouade Apparently Unmoved and
Taken Back to the Tombs.

NEW YORK, Dec. 15.-The McQuade trial
was resumed this morning. Summing up
for the people was begun by Col. Fellows.
He defined the charge of bribery. The
lawyer said that the person offending against
this law may saYe himself from prosecution
by acting as witness against his accom-
plices. Treason was the highest crime
against the State yet it was not mentioned in
the State constitution. Murder the highest
crime against the person, Is punishable by
death but 1t has not been mentioned in the
state constitution. Bribery alone was
noticed In the organic law Of the State.
There must be some reason for fixing this so
that the legislature cannot change It. 1t is
because IL Is an 0ffense against both the in
aiyidual and the State. The briber and the
prDed are alike In interest to keep it quiet
ROBBED storekeeper will testify against the
thief: Not so in bribery The law must
proVide unusual methods to drag this crime
TO light. Therefore the trainers Of the con-
stitutlon have invited accessories to tell the
sLory: Inc law gives the district attorney
the right to promise immunity to the men
VINO turn States evidence. The LAWYER then
went ON to define the rights of the district
attorney ana 10 defend the using of such
evidence against the accused aldermen.
Col Fellows concluded his summing M
OF the court His arraignment of McOuade
was scathing ordeal and he spared neither
fulgraf nor Duffy in his eloquent denuncia-
uon ofoficial crime. He closed his address
70 the jury as follows: go now to your
room and deliberate; come back and set this
man Tree; then go out and think what YOU
nave done; think how you strip law of ali
terror and force. do not say that public
of1cers. viii begin Immediately to rob, but
you will say you will not accept the testi-
mony authorized by law, and you will set
stamp OF protection on official rascality.
Acqult THIS prisoner, and forever hang yOur
heads as you go out into the world to listen
70 tne condemnation OF your failure as citi-
sumed four and half hours.
!, AFTER some corrections Of statements in
the peoples plea by Mr.. Newcombe, Re-
corder Smythe, at 4.55 o'clock, began his
cnaIge 10 the jury. The present ease," he
sald, was one Of the most important
that twelve men had ever been called upon
10 decide In this city. The crime was one
OF the greatest magnitude. 1t was crime
tnat saapped the foundation of administra-
ton, u not checked; crime conceived in
SIN, with scarcely witness outside the par
ticipants; and, therefore, difficult of detec-
Lon. various classes of evidence were then
aenned, and reference was made to the care
In the selection of jury The jury were to
pass upon matter of fact and draw their own
conclusions Independent of any act of the
court; The. prosecution was bound to prove
quit beyond reasonable doubt"
When the Recorder finished his speech it
was nearly 2 o'clock, and the jury retired
at 7.15 o'clock. just half an hour after
their retirement, as General Tracy and Mr.
Neweombe were passing down stairs to din
ner, an officer ran after Mr.. Newcombe, and
catching him by the arm, breathlessly ex-
claimed
Come back, they are agreed
The crowd rushed back into the court room
and there was much excitement.
McQuade was calm, but his counsel looked
troubled.
In ten minutes the prosecuting attorney
and his assistants entered, wearing grave
faces.
The Recorder followed close behind. and
took his seat on the bench. He looked seri-
Gus. Presently the jury entered.
Inc roll was called, and their foreman,
Henry gutenberg, stood up. and in answer to
question said:
Guilty of the crime as charged in the first
count in the Indictment"
The roll was called again, and each Juror
answered:
"Guilty."
The Recorder then congratulated the Jury
on the manner in which they had discharged
their duty, and thanked them for himself
and for the people.
1t seems the first ballot Of the jury was
unanimous for conviction, and in fourteen
had agreed.
The Recorder adjourned the court till II
o CLOCK Friday forenoon. when further mo-
lions In the case will be heard. McOuade
apparently unmoved was taken back to the
Iombs. The counsel for the defense decline
to outline their future course.
AN ALARMING STATE OF AFFAIRS