The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-11-23
McoUADE's TRIAL.
The Evidence In the Great Case
All In.
Eloquent Arguments by Newcombe
and Assistant District Attorney
Fellows.
The Question of Guilt or Innocence
Now With the Jury.

-..Trssw YORK, Nov. 22-At the trial OF ex-Alder-
man McQuauc t.sssav T. day there were few present who
were not actively engaged in t,te trial. Shortly
after IL O'Clock Mr.. Nicoll resumed the cfossss- Cross
| examination of Alderman John O'Neill Mr.
| o'Neill could not recollect that the newspapers
raised hue and cry regarding the dongs OF the
Board of Aldermen after the meeting of Aug. 13
and 80 OF the year 1884. He did know that Eve
at least did act in conformity with law in the
board" He could not recall the fact the Mayor
had communicated TO the board that he had the
| opinion of corporation counsel that the meeting
OF Aug 80 was illegal. He was obstinate and
obtuse on some questions, beating about the bush.
He was finally induced to admit that he knew
that the corporation tounsels duty was to give
| opinion when asked by the Mayor, and he be-
lleved that Alderman O'Conner had offered a
resolution TO reschd the action Of August 80 re-
garding the Broadway franchise He did not vote
aye on that resolution, but did vote aye on a sim
liar resolution in December. He did recollect
that al the December 9th meeting he voted TO
grant the franchise on the condition that the COM
pany, in addition TO the percentage of the gross
f0Sa a. tp "a
know II that action was not to appease the public
critics, the Alderman became obtuse and blindly
On being pressed for an answer. he considered
that the courts had ordered the action. He could
not tel what court had issued the order, how
and Duffy's testimony about the combine" did
not know the whereabouts q DeLacey,, Dempsey,
Sayles, John Keenan, or Maloney, and laughed as
he said, Il know nothing about en-
Ex-Alderman Louis Wendell was put on the
stand. He remembered no combination of Re
publican and Tammsny Aldermen in 1884 to vote
for Kirk, but he voted for him. Witness voted
for the Broadway franchise. A question as to the
consideration he received was Overruled.
Ex-AldeIman Charles IA. Reilly was the next
witness. He swore that he did not attend any Of
the meetings of the "comblne"; did not remem-
ber being In Fullgraffs place of business for any
purpose III his life; he remembered that there
was consultation OF eight or nine Aldermen on
proposed improvements In Fullgraff's district.
and the latter had invited the members to his dis
triet; the Broadway company had offered money
10 the city Tor franchise; never heard that
$4,000 or any other sum had been offered Alder
men for votes.
In cross-examination the witness said he signed
the call for the special meeting of August 30
witness thought nothing strange OF the call; did
not ask Maloney the object Of the call; had no
conversation with any one at the City Hall before
the meeting; did not remember hearing the veto
message read; had heard the Mayors reasons
for the veto discussed before he vetoed to over
ride IT. witness is a contractor; had not owned
real estate since 1877; had done business since
then under his brothers name; neither his father
part or the $4,000 deposit in bank OF December,
1884, nor did he believe that his father-inlaw
had made any such deposit
Mr.. NewcOmbe said at this point that message
had been received that ex-Alderman Cleary, a
witness, was unable to attend through illness. He
would be i'll.
The Recorder granted it on condition that the
evidence Of Cleary be given either in writing or
orally, and that the case then be closed for the
defence.
1t was finally decided to sum up without the ey-
idence OF ex-Alderman Cleary and Newcombe be-
gan his address TO the jury. He claimed that
McQuade was innocent and should be acquitted
wretches who had perjured themselves on one oc-
cason at least He said that the Board Of Al
dermen acted upon the railroad committees re-
port as they had Alright to. His denunciation of
FullgTaff and Duffy was masterpiece Of inyec-
tive. He thought II Fnlgraf was so full of re-
morse he should not be allowed to 20 home to his
wife and children but should have a stone tied
around his neck and drowned like dog. Duffy
he said, went on the stand prepared to own any
thlng: lie asked why the prosecution had not
called Mrs. Mclaughlin to prove that John O'Neil
was wrong and Fulgraf right, when ho sworc
there were several meetings at McLoughlin's
The counsel pointed Oh. other discrepancies in
the case for the people. He intimated that Duffy
had been drilled by the District Attorney. In
closing, the counsel made an eloquent plea for his
client in the name of humanity and his wife and
children.
The address took two hours IN the delivery, and
was listened TO with rapt attention.
Assistant District Attorney Fellows said that he
did not think that the voice Of wives or children
should weigh against evidence; that juror who
thinks OF the misery TO wives and children which
proven PROVEN ,og guilt ,, produces does wrong He
dence Col. Fellows, comparing the Jaehne trial
with the prosecution, said there was the same
abuse OF witnesses by the defense. The counsel
lor then discussed the laws bribery, and skill
| fully depicted the dangers to Legislative bodies
| from this source. He complimented Inspector
Byrnes for his. work in tracing up the
| of admiration TO his associate, Assist
| tant District Attorney Nicol. He thought
| it seemed as though Newcombe was not so indlg-
| nant at Fullgraff and Duffy for taking brbes as
he was for their telling OF 1t. The lawyer went on
to comment upon the fght of the escaped hood
| lers," aud asked what induced them to leave
| home and friends to wander in exile. He closed
| with fervid arraignment Of the defense for ap
| pealing for sympathy for McQuade's family.
The address occupied two hours and twenty
| minutes.
Recorder Smyth then made his charge to the
| jury.
The Recorders charge occupied one hour and
| 81 minntes. The jury dined in the court room
| and then we're locked up.