The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-12-16
M'QUADE FOUND GUILTY
ON THE FIRST BALLOT, OF THE
TWELVE
Patient JurOrs-Further Motions In
the Case to Be Heard on
Friday.


NKw York, December 15.-An i'm
mense throng OF people were Outside
the General Sessions courtroom wait
ing for a chance to get into the room
this morning. As before, they were
denied admission, but the favored,
specially interested people who were
admitted, filed the court room to its
utmost capacity. Hundreds of peo'
pie filed the corridors and stain ways
OF the building, moving restlsssly
through. After the usual formalities,
the summing mp for the people was
begun by Col. Fellows. His address
occupied four hours in delivering and
was listened to with close attention
throughout. At o'clock Recorder
Smyth began bis charge to the jury,
He reviewed the case az great
length, instIuc!ing the jury
with regard to their powers and
duties; stated the law recurring corrob.
Grafton of the testimony Of accom-
plices; pronounced the testimony of
the servant girl Katie MelE as direct
and worthy OF having much weight;
said it was in the nature of things
that crime should lie penetrated in
secret, and that, therefore, the testi-
mony OF accompliCes was often neces-
sary; asserted because he had COM
mitted perjury it WIS not right to as
sumo that he would always per-
jure himself; 1t was for
the jury to decide whether
the Duffy and Fulgr0ff testimony had
corroborsted. The court then re-
viewed at length and laid stress upon
the relations of Moloney and the
Board of Aldermea with the officers
and attorneys OF the Broadway road;
the dissolution of the injunction held
by Lyddy late at night; the unusually
early meeting Of the Board OF Alder
men the next morning, etc., making a
strong array of circumstantial evil
dence. The Court said MIR. New.
comb had handed up seventy
points upon which he a ked the
jury be charged. Furty-oue points
were declared not well taken either in
whole or in part, and the Judge re-
fused to charge according to ths re-
quests, some entirely, and others in
any manner other than that in which
he had charged on these points. He
would add the fact that the pris-
oner had not bsen put on ths stand
in his own behalf must not be taken
against him. 1t was nearly Z o'clock
when the Recorder ceased speaking.
Outfide opinion appeared that the
Recorders charge was a very strong
one and tended much 10 brush away
cobweb doubts about the guilt OF the
prisoner. At 7:15 o'clock, just half an
hour after the retirement, as Gen.
Tracy and Mr.. NewComb were passing
down the stairs to dinner, an officer
ran after Mr.. Newcomb and cstchiDg
him by the arm breathlessly e<-
claimed, "Come back, they have
agreed" The crowd, which had
hardly left the courtroom, rushed
back, aud for Eeveral minutes the
greatest excitement reigned. But the
principa the man whose liberty was
at stake-showed no sign of any inter
est than if he was an ordinary specta-
tor. 1t was ten minutes before the
prosecuting attorney and his associates
entered the courtroom, their faces
wearing a grave expression. The Re-
corder followed close behind, and took
his seat on the bench. Presently the
jury came in. They had funereal
expression Of face. The roll was
called, and the foreman, Henry Often
berg, stood up aud, in reply TO the
question, replied: "Guilty of the
crime as charged in the first count in
the indictment"
The roll was called again, and each
juror answered Guilty" as bis name
was called.
"In dieoharging you from your du-
ties" said the Recorder, 81 wish to
congratulate you on the manner in
which you have concluded that duty.
You were chosen out Of 300 men ex-
amined. l regret to see that many
intelligent men, business and profess
sional men Of the city, endeav.
ored to avoid their duly to serve
on this jury. repeat again
thanks of this count, int to the
CnahkS Of the people, Wnere 30 many
men formed an opinion you were able
to discard that opinion and to decide
upon verdict upon the evidence"
1t seems that the jury, after remov-
ing their overcosts in the loom to
which they were sent for celebration,
Immediately prepared their ballots
They were cast, and on being counted
were found TO be unanimous for con-
viction. 1t wasjust fourteen minutes
otter they left the courtroom when
they had agreed, When their verdict
was given to the court, McQuads
alone remained unmoved. His de.
meanor YVES not different from that of
any other day OF the trial.
The jury at once lett the courtroom,
declining all interviews. After few
minutes consultation the Recorder ad-
journed court until Friday, II o'clock
am, when further motions in ttis
case will bs heard. The counsel for
the defense declined to outline their
future course. A point, however, will
doubtless be made of the introduction
OF afidsvits yesterday against Juror
ROEanharu