New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-16
CLOSING UP THE TRIAL.


CLOSING UP THE TRIAL.
CONVINCING ADDRESS DY Mr.. FELLOWS AND
STRONG CHARGE BY THE RECORDER.
The closing address Of Assistant DisrctAttorney feF
lows occupied the morning and large part OF tne aer
noon session the McQuade trial yesterday lie spoke
with much greater freedom than at the previous trial. ana
the Jury listened with great apparent interest Inc thru
Juror lay back chair and had his eyes partly closed
but he was the less an attentive listener
The foreman and the second sixth, eighth. tentn'
eleventh and twelfth Jurors especially watchea the
sneaker closely The ninth man, Jacob Rosenberg,
against whom charges mad been made sat far down In his
chair and leaned his head the back of It, His mead
would frequently move from side to another
and bis glance wandered TO all parts OF inc
court room. large number OF ohcias
among whom was Police Inspector Byrnes were present
Mr. Fry and Nugent who voted on different sides on
the previous McQuade jury heard Colonel Fellowss ad
dress aud the Recorders charge. Mrs Mcuade ana the
pretty old daughter OF the defendant sat beside
him all the afternoon McQuade put his arm
around his daughter and they both faced the jury VINO
wcro howevertoo much engrossed with Mr. Feows'selo
auence take much notice of the tabeau, when might
otherwise have been impressive.
Mr.. Fellow SIS speech decidedly effective He was
bright and witty at times that even Recorder smyth
and the counsel defence laughed at his sayings
batting the idea that Fullraf Duffy could have in
vented the story which they told, he said:
most mprssses nc that people will go to the
polls and for such representatives to pass nPcn he
most Of yoS Would particularly care have them occupying
ss lar at least as intelligence concerned.
He closed by saying:
s g S s m sis
have only to co S%DnE obtain free
Ssq IN se s n aG
yersey have done what we cGnd ana can Only sf
ia as G that o vii follow The shoulders
discharge BY acqga Of this defendant when the storm storm
81 gqSf for "a ssc s IN Office and hang
your heads ana confess that you gave them the license
The speech Of Colonel Fellows was finished about
o'clock He spoke for nearly five hours
THE RECORDERS CHARGE.
Recorder smyth began his charge at five minutes before
9 o'clock. He spoke in an earnest manner, and his
voice rang clearly he emphasized the duties OF the
Jurors. He said:
most important Jury then being
@ ~ % not be Sr e Is eeVed do
eGn fss s GnaseS n that
severely punished LISA crime that slirs the
seiyed in sn secretly scarcely ever ever with
outside crime q1 the most Scu f9sAEfS TO
evident from section rs Of the Penal v cS sn
De iron PrSS o, ss dds OF OF
its commission IL may be proved by one
or Ssps ss0 or Sl-' Ss ercS%.isSia
sn q carr has Of Who
been out It, Of dD over 300 T ss
sss ,ons must convince Ca OF te grave issues
The Recorder read the seventy section of the
Code under which the indictment was drawn and con
naed The ngae q t a IscOh Sea e rfs eS
read the jury summary of the first count OF the IN
dictment which is that ON which conviction is sought
He proceeded:
under this statnts the defendant he agSeed to re-
way franchise guilty within the meaning OF this statute
The Recorder reviewed the evidence given as to the
meetings OF the combine " and went on:
Now gentlemen the hrst question to receive your at
sasSp prior i %'' August Hsa so
Gsysf@ %SetheT he received any OF
he voted for se he ne n s% 'na
Vote thai that agreement was proved Now
ar.. sy T%sraa ana ,,aar i
Duny true they and The les
s SeT evidence the
with the crime Notles tend, to con
somplce The cOrrOHOranon may be by creusaPees
yoS haSe The iset that the BToSay d
Board socloeE IN The morning pass that franchise
That which may the 9r
other facts iss! re C sys OF G oS srsad
cfpneI Bright secondly ina. Mooney was almost con
has tendency oooborae the secomphees In addition
have The sc S on s an no Sens @
suit the dissolution OF that injunction by the
That 10 not in The hands Of The
order not being oSanes iii yet thai
signed MOlOnev about the CITY obtaining
The Board TO the Monday
following That call hawk ed about BY this man Mooney
and about 10 o'clock night thus can is handed 70 fn@s
the board the next morning TO notify him Of the meeting
Ihs. call the Corporation Counsel has de de
peculiarly about is order The order is dated IN
pn,sa testimony August
may important not but IT IS peculiarly These
facts circumstances which you have right 10 take into
connect defendant with tho ssion OF the crime
Now this evidence is claimed coTo1oiaed by tie os
M tesines she uvcd
10 Mclaughlin recognized the defendant OF
she had going 10 Mclaughlin hOnse In
heard evidence; you saw her on the stand
evidence obtained you saw her point
Of identification
Sontrsdiction between testimony ami theirs How
testines side and three on another tIat
u reason why you should believe the
look motives and circumstances What motive Is SHOWN
that you hand 10 misrust testi
~ and there can be no mistake Now how are you TO
CONSIDER the evidence Of these three menf You have
under he thew Come en testify ta
they were under indictment practically charge
that against the defendant Ithe testimony girl
would placed position question would
whether that would not furnish for you
70 consider whether they not testng Practically their
behalf You have Alright 10 take that
Tho Recorder called attention TO OF the evidence
for defence then returned 10 the consideration
ths testimony Of Fuilgraf and Duny. He said
man who falsely ought be corroboratef DO
Il does Sos follow. however, that because a man
80 subsequently says untrue. These men
se was untrue but they that what they say
)sse Hy0u believe the evidence true have right
s discard and set aside but your duty to consder