Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1886-12-16
NEW YORK, Dec. Is.

NEW YORK, Dec Is.
The MtQuade trial was resumed this nj arn-
ing n New York. Summing up for the peo.
pie was begun BY Colonel FelIoxs. He de-
fined the charge Of bribery. The lawyer said
that the person offending against this law
may save himself from prosecution by acting
as witness against his aceonpices Treason
was the highest crime against the State vet It
was not mentioned in the State constitution,
Murder, III. highest crime against the person,
is punishable bv death, but 1t has not been
mentioned IN the State constitution. Bribery
alone was noticed in the organic law of the
State. There must be some reason for fixing
this so that the Legislature cannot change it,
IL is because il is an offense against both the
individual and the State The briber and the
brlbed are alike in interest to keep it quiet
robbed storekeeper will testify against the
thief Not so in bribery. The law must
provide unusual methods to drag this crime
to light. Therefore the trainers of the con-
stitutlon have invited accessories to tell the
tory. The law gives the district attorney
the right to promise immunity TO the men
who turn States evidence. The LAWYER then
went on to define the rights of the district at
torney and to defend the using of such evil
dence against the accused aldermen.
Col. Fellows concluded his summing up for
the prosecution at the afternoon session of
the court. His arraigning of Moo isde vas a
scathing ordeal. and he spared neither Full
graft nor Mcpuffv in his eloquent denuncia-
lion of official crime. He closed his address
to the jury as follows:
"Go now to your room and debate. come
back and set this man free, then go out and
think what you have done; think how you
strip law of all terror and force. | do not
say that public officers will begin immediate
| ly and rob, but you will say you will not ac-
| cept testimony authorized by law, and you
will set the stamp of protection on official
rascaliy. Acquit this prisoner and forever
hang your heads as you go out into the world
to listen to the condemnation of you fellow
citizens"
The delivery of the address consumed four
hours and a half. After some corrections
of the statements in the peoples plea by
Newcombe. Recorder Smyth, at 4 55 p. M.
began his charge to the jury. The present
case. he said, was one of the most important
the twelve men had ever been called upon to
decide in this city. The crime was one of
the greatest magnitude. 1t was a crime that
sapped the foundation of the administration.
| The various classes of evidence we're then
defined, and reference made to care in the
selection of jury. The jury we're to pass
ciusons, independent of any act of the court.
The prosecution was bound to prove the
guilt beyond a reasonable doubt. When the
recorder finished speaking it was nearly 7
o'clock, and the jury retired at 7,l5.
| just half an hour after retirement as Gen.
Tracy and Mr.. Newcomb was passing down
stairs to dinner, officer after New.
comb and catch Dg him by the arm breath
| lessly exclaimed, "Come back they are
agreed" The crowd rushed back into the
court room and there was much excitement
McQuade was calm but his counsel looked
troubled. In ten minutes the prosecuting az
| torney and his assistsnts entered wearing
grave faces. The recorder followed close
behind and took his seat on the bench. He
looked serious. Presently the jury entered.
The roll was called and then the foreman
Henry O. Menburg, stood up and 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"
| The recorder then congratulated the jury
on the manner in which they had discharged
the jury and thanked them for himself and
| for the people.
1t seems that on the first ballot the jury
was unanimous for conviction and in fourteen
minutes after leaving the room they had
agreed
The recorder adjourned the court till IL
A. NJ, Friday, when further motions in the
case will be heard.
McQuade, apparently unmoved, was taken
back to the Tombs.
The counsel for the defense decline their
future course.