National Republican. (Washington City (D.C.)) 1872-1888, 1886-01-05
MOSES AND M'DEvITT FREE.
The Alleged Conspiracy Against Taylor
Falls to Pieces in Court.


Upon the reaSsembIing of the criminal co art
yesterday morning Col. Cook resumed his clos
ing argument on the motion that the indict-
ment in the case of VIM. u. Moses and James
A. McDevitt, for conspiraCy.tO cXtort security
rom George Taylor, charged no Oilense under
the law. lie occupied about mn hour In an.
swcring the argument made on the part OF the
government, nftCr which the court, without
much ceremony, threw the case out of court.
Justice MacAtthur held that the indictment
was clearly insufficient There was but one
term in 1t upon which II could be sustained.
and that was the term cNtOrt, lie was in.
clincd to think that where combination was
known II should be stated, and where the un-
lawful means by which the conspiracy was TO
be carried out were known they should be
stated. lie said that the term extort did not
imply mn ollense, but civil wrong aud with
kindred terms was the foundation for ctYll
remedy. lie did not doubt that If Mr. Taylor
had given security mt the time demanded II
would have been worthless on account oi
dutess. lie was of the opinion that the in.
dictment could not be sustained except upon
strained construction, and he did not propose
TO construct the act of party into
an oilense when such was net clearly
shown lie did not doubt that there
was wrong, a grieyonS wrong, commttedi
ground for prosecution He did not know what
the defense would have been, They might
have shown their acts TO be consistent with
right, but on the testimony given he would say
there was substance for indictment If II had
been properly set out. lie thought Mr. Taylor
had good ground to claim damages, and would
say, ut the same time, that 1t was a case in
which Mr.. Taylor would have been Justified in
making personal resistance, aud he did not
think the man Ferguson could have stood up
against good breath given by Mr. Taylor, or
that MCDevitt would have resolutely resisted
him great while. He should hold that the
prosecution under the indictment could not be
sustained.
Col Cook asked that the jury be directed to
return verdict for the defendants
District Attorney Worthington claimed that
there should be no verdict, butthe court should
qunsh the indictment
Col Cook insisted that, after n Jury had been
sworn in the case, by all rule aud Drecedent Il
verdict must be taken.
Justice Macarthur thought that was the
usual course pursued, aud ordered the district
attorney to furnish him with authority to the
contrary.
lie read section from "Bishop" in relation
to quashing indictments, but which failed to
throw much light upOn the point.
Justice Macarthur said that this was an in.
dividual, personal case. Mr.. Taylor was the
only sufferer public justice had not been
outraged and lie had complete remedy at
civil law. lie did not look with favor upon
COnspiracies. and where two citizens were
wrestling with a business transaction he did
not think the one wUrStcd should be permitted
to rush into the grand Jury TO seek criminal
prosecution when his remedy In the civil court
was complete. Upon the whole he thought 1t
proper that he should direct the Jury to return
a verdict of aCquittal which he did. \ verdict
10 that effect was given and the defendants
discharged.