The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1888-05-18

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wages in the. clerks department.
Mr., WeaYer had an application on
file for an increase in the amount
Of postal clerk hire in his Office.
That might explain why Mckee
was forbidden to open those letters.
And then about the back doors of
the postoffice, and leaving the safe
unlocked, and the front doors I'M
locked, and the crowd of people
that were in the office on that par
ticular morning. To all of these
the Colonel paid his respects in wigs
orous terms. He said that each
and all of these circumstances
might have occurred, there was no
evidence to show that Mckee was
connected with the robbery in any
particular; no more than there was
to show than any one else had CONS
mitted the depreciation. All the
testimony offered, he said, did not
show that his client was guilty; nei-
ther did it connect him IN any way
with the Lcrime. The testimony
was only circumstantial, and
weak at the best. He spoke for
sometime and finally wound up in
one of the most vigorous, touching
appeals for an acquittnI that we
have ever listened to He left not
one iota unsaid, nor left one effort
unmade to secure the defendant an
honorable dismissal at the bar of
justice. His words awakened a
chord of sympathy in every heart
in the court room, and when he
sat down many thought that YER
dict IN favor OF the defendant
would be speedily brought in.
His Honor charged the jury in 4
clear and able manner, explaining the
law in the case fully, and said that
they would retire and make up their
verdict. The court then took a re-
cess until 2.3O o'clock p. m, when it
again reasSembled. AS soon as Judge
Dick arrived, deputy marshal Glenn
announced to him that he was wanted
in the jury room. He went thither
and after remaining a few minutes,
probably further explaining some
point of law, re entered the court
room and took his seat upon the
bench. He instructed the marshal to
open court and send for either Capt.
Carter or Col. Armtield, neither of
whom had yet arrived. The defend-
ant occupied the same seat that he
did in the morning, and was sur
rounded by father, brother and
friends. The court room was packed
with anxious spectators, and various
were the expressions of opinion as to
what the verdict would be. A large
number thought that an acquittal was
certain; few that the prisoner would
be found guilty on the first count in
the bill of indictment, and acquitted
on the second and third counts; 9TH
! ers that the verdict would be rice
versa. But all of these expressions,
except the last, were soon dispelled.
For after waiting about ten minutes
the jury came in and took their seats
in the box, and q few minutes later
Capt. Carter entered the court room
and took his seat in front of Mckee.
His Honor instructed the clerk to poll
the jury. They had agreed after
being out about one hour and q half,
and when the deputy clerk asked the
spokesman, Mr.. Walker, if they had
made up their verdict, he replied:
Yes"
''What is YOUR Verdict:" asked the
clerk.
<'We find the defendant not guilty
on the first count in the bill of in
dictment, but find him guilty on the
second and third counts, and recon-
mend him to the mercy of the court. )"
His Honor instructed the clerk to
enter the verdict, discharged the jury
for the evening, and turned over Nc
kee into the custody of the marshal.
The prisoner did not seem at all
agitated at the announcement Of the
fatal decision, and still maintained
that cool and independent mien that
he has manifested throughout the
trial.
To the spectators the verdict was
somewhat of surprise, for while
many Of them firmly believed 10 the
defendants guilt, yet they hoped for
and expected an acquittal or mistrial.
About an hour after the return Of the
verdict Judge Dick, in solemn and
impressive manner pronounced sem
tence upon Mckee, sentencing him
to two years Imprisonment at hard
labor in the penitentiary at Columbus,
Ohio. Owing to the recommendation
of the jury for mercy, the youth Of
the defendant, his hitherto good char
acter, and the peculiar temptation to
which he was subjected, his Honor
thought it was leniency on the part
Of the court to pronounce the above
judgment.
And thus ended case peculiar in
its complication, sad in its nature and
terribly blighting in its finale.