New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-10-03
A NEW TRIAL For McQUADE
THE COURT OF APPEALS IN HIS FAVOR.


|
COURT-WIIAT is SAID HERE
Arthur j. McQuade one of the BOode' Alder
men, now serving sentence in the State Prison
| for his share in the Broadway Railroad bribery,
obtained new trial yesterday by order Of the
| Court of Appeals at Albany. Judge Andrews
wrote the opinion, in which Chief Justice Ruger
and Judges Earl Danforth and Finch concur.
Judge Pcckham dissents from that portion treat
ing on the order in which percmptory challenges
should be made, on the ground that the statute is
directory only and not matter of exception upon
which to grant a new trial: he also dissents
| from that portion of the opinion treating of the
rejection of a competent juror as being an error
upon which exception might be taken. He
agrees upon the other matters discussed in the
opinion
Judge Gray dissents from the grounds OF the
conclusion in Judge Andrcws's opinion, and votes
| for reversal and a new trial on the ground that
it was an error to charge the jury that evidence
of good character of itself did not tend to prove
that man is not guilty of offence. This
error not cured by anything in the rest OF
the charge and being substantial in its nature,
| the defendant is entitled to a new trial.
The news of the reversal OF the conviction OF
McQuade received at the District-Attorney's
Office early in the afternoon in dispatch to Mr..
| Fellows. No information was received as to rea-
sons for the adverse decision. Mr.. Fellows said
that he could talk about the reversal until he
had the opinion. The case had now passed
TO the defendants counsel, who would make the
first move for McQuades release.
Assistant District-Attorney Semple, who argued
the appeal for the prosecution, said he could not
guess the grounds on which the appeal was based.
lie was disappointed at the result of the appeal.
Recorder Smyth, before whom the case was
tried has rarely had any of his opinions on mat
| ters of law reversed by the Court of Appeals. He
said that he could not express any opinion in the
matter at present
The opinion of the Court OF Appeals adverse to
| the prosecution was thought by some of the law
| yers familiar with the methods of the District
| Attorney 20 be all that needed to discourage
any further prosecution of the DOODLE cases.
| McQuade was first tried on the charge OF
bribery before Recorder Smyth, at the November
term of Part l. of the General Sessions in sSS.
The trial began on November l5 and ended on
November 90 De Lancey Nicoll Distrct-At-
torney MARITIME and Mr.. Fellows conducted the
prosecution and General b. f. Tracy, Richard 5
Newcombc and Thomas F. Grady were McQuades
counsel The first trial, to the surprise of the
prosecution resulted in vote of nine of the
Jurors for acquittal and three for conviction
The Jurors were discharged after being locked up
| for two days
At the second trial of IcQuade, which began
Just after the first trial and extended to December
| Is, Katie Metz, the servant girl who saw some of
| the Aldermen near ex-AMerman McLoughlin's
| house in the summer of 1884, was for the first
time witness. McQuade convicted on the
| second trial. and on December 20 sentenced
| by the Recorder TO seven years in the state
Prison and to pay fine of $4,000 The proceed
ings on the trial affirmed by the General
| Term of the Supreme Court, and an appeal to the
! Court of Appeals not pressed until the opin-
ion in the Sharp case encouraged McQuade's law
| yers.
for certified copy of the opinion OF the Court OF
| Appeals, and if the papers were received to-day
| he would Immediately ask that McQuade be ad-
mitted to bail
General Tracy was greatly clated over the de-
cision of the Court of Appeals Said he: " 10 me
the most pleasing feature in the situation Is IN the
| fact that, whereas Judge Peclham and Judge Gray
differ from their colleagues on the minor polntS
With the imperfect information now at mana, III
is impossible for me to express any clear opinions
of the situation. From the newspaper paragraph
before me infer that the principal point OF
error on which the Judgment Is based * that
the jury which tried McQuadc was not impartial
Mrs McQuade said last night that she had
not been informed of the decision of the Court
of Appeals but was feeling happy SIN Sllce e Sle ina
forward with great deal OF pleasure TO meethS
her husband again.
When Warden Brush received a telegram at
the Sing-Sing Prison yesterday, announcing the
decision of the Court OF Appeals, the Alderman
was at work in his prison garb. Mc(luadc had
faithfully attended to his work since he was
imprisoned and has obeyed the rules OF the IN
stitution He has had the good will of the
Warden and the keepers, all Of whom congrat-
ulated him the new turn IN his ailalrs