The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-21
M'QUADE'S SENTENCE.
Recorder Smyth Orders that He Be Imprisoned
Seven Years and Fined $4,000

New YORK. Dec. 20-The last act in the
McQuade drama seemed to have even more in
terest for the public than the scenes of the trial.
This morning Chambers street and the ap-
| proaches to the brown-stone courthouse of the
General Sessions were thronged with hundreds
of people. Admission was free to ALL aud the
large courtroom, in Part 2, was densely packed.
The other "boodlers" were conspicuous by their
absence. McQuade was escorted into the court
room by Under Sheriff Sexton and Order of
Arrest Clerk Martin. There was not the hail
fellow appearance about McQuade that charac-
terized his appearance on Friday. He took his
old seat, and, very quietly awaited the hour of
his sentence. At IL A. NJ. Recorder Smyth en-
tered the courtroom and took his seat on the
bench. With the memory of the J@hne case,
the audience had the idea that there was no hope
| for McQude, and that he would at once receive
his sentence. The district attorney, with his
assistants, and the counsel for McQuade came
in together.
| After short conversation with Mr.. New
| combe the Recorder raped on his desk for
order. Mr.. Newcombe asked that the proceed
ings of Friday be read. The request was
| granted After the reading General Tracey
an arrest of sentence because the indictment
was on insufficient ground. and that the evil
dence was not sufficient to convict the defendant
of the crime charged: because of the mischarge
by the court to the jury; because certain jurors
| were illegally excluded from the box because
| the trial was suspended. Dec Ia, for the bring
| ing Of Nesbit and Vickerman. who signed GER
| tain afidavts before and in the presence of the
| jury, as set down in the affidavits Of the de-
| fense served on the district attorney, Friday.
| We also move that the verdict be set aside on
the grounds set down In these affidavits because
the court admitted improper evidence against the
defendant and excluded other proper evidence
| in his favor" General Tracey slso moved that
the officers who had charge of the jury during
the trial be called and sworn. This was on the
| strength of statements made to them by Mr.
O'Brien, to the effect that on Dec Is the jury
were taken to the Astor House to lunch by an
unusual route. past the Office of the New York
World, in front of which was displayed bulle-
tin reading. "Has traitor crept in? Juror
Rosenberg charged with being friend of the
booders."
Mr.. MARITIME, in reply, read an affidavit of
juror Rosenberg, denying that he had been in
fiuenced in any way In favor of against the
defendant by outside influences. but that he act
ed on the evidence alone. The affidavit also
stated that he was not aware that there had been
any charge made against him until after the
jury had brought in its verdict He saw Nesbit
and Vickerman In court, but did not even sus
pect that the papers they signed had any refer
eOc0 regarding
among the jurymen.
Recorder Smyth said he thought it was his
duty to take more than usual caution in all the
details Of this case. The officers were picked, q
respectable hotel was selected for the accommo
dalton OF the jury: the jurors were conscientious
ly warned on each occasion Of their leaving the
courtroom. The Recorder also took special pains
to caution the jurors that they would not be al
lowed to receive letters or calls from any one,
not even members of their family. In fact, spe-
nia al had haan tha
satisfied that the interests of the prisoner had
been carefully guarded. In the matter of the
affidavit of Vickermann and Nesbit, the Record
er said that was an action which the district at
torney had right to take The case of Jahne
was cited regarding the form Of the indictment,
the court declaring the McQuade Indictment to be
like it. and it was sustained by tn Q General
Term and Court of Appeals.
The motion for new trial was denied Gen
Tracey taking an exception.
McQuade was ordered to stand mp, and did so,
with his thumbs in his pantaoons pockets.
1.-THE Defense" remarked General Tracey, ''has
nothing to say why sentence should not be pro-
nounced against him; we rely on his former
good character and the esteem he is still held in
by his neighbors and acquaintances. who are,
many OF them, here now to ask for the leniency
of the court"
The Recorder said, in substance: arthur ].
McQuade. you have been fairly and Justly con-
victed of bribery. You were elected to perform
a public duty and public trust. Instead of do
as business man. citizen, father, husband, is
good have sympathy with your wife and fam
lily. You should have considered them before
you did wrong. You did not add 20 the crime of
which you have been convicted, as Jghne did,
by taking the stand and committing perjury
have reason to believe that you received as
much money as Duffy did-$l0,000 That money
is not yours; it is not the property of your fam
lily. Ii it is left with them, it will work the in
evitable result of ill-Sotten gain would ad-
wise you to give up and pay back to the city the
money which you received, and have no doubt
1t would work to your benefit. The sentence of
the court is that You be confined in Stares prison
at hard labor for term OF seven years. and that
you pay fine of S., 000.p
During the sentence McQuade stood up. his
arms folded across his bosom In the manner ha-
bitual to him. His chin was little elevated,
his head inclined little to one SIDE and his
brow knitted, the whole poise and the express
ion OF the face being that Of one listening TO
something very difficult to hear. AT its close he
sat down, turned Immediately, and. with busi
neas-like air, entered into conversation with
General Tracey. as il he were discussing a bar
gain just consummated
After the sentence was given the audience dis
persed. McQuade going out with his keepers and
the faithful brother who has stood by his side
throughout his trial. The counsel foy McQuade
obtained copy of the sentence and then left the
room. McQuade was Immediately taken to the |
Toombs and, after the usual formalities, was