New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-09-26
IVES AND SrAYNER DISCHARGED.
THE JURY INSTRUCTED TO ACoUIr THEM oN
BOTH CHARGEs-wHAT Mr. IVES SAYS.

THE JURY INSTRUCTED TO ACoClI inr"" NA'
BOTH CHARGEs-wHAT Mr. IVES SAYS.
Cincinnati. Sept Q5 (specaD. Judge SHREDDER, OF
the Criminal Court, this morning granted the motion
Of counsel for Ives stayner for dismissal OF the
charges against them, on the grounds OF ia'iuro oi
the prosecution TO make out a case and OF want oi
Jurisdiction. Acting under the instructions OF tho
Court the Jury then retired, and Immediately returned
verdict Of not guilty, and the defendants wero dis-
charged Tho opinion Of Judge SHREDDER was very
lengthy. The Indictment, be said, charged the DC
fendants with the crimes Of embezzlemen and larceny
OF certificate of stock calling for and representing
27 s37 shares OF stock Of tho Dayton and Michigan
Railroad. Then the statutes relating to emoezzie-
ment and grand larceny werc read, and the legal
difference between certificate Of stock and the stocH
itself explained. long review OF the evr
dcnce was made and the Court then proceeded to dis
pose that feature Of the case relating to the chage
of larceny. Judge SHREDDER said:
Larceny would simply be practlscd upon the piece
Of paper upon which this certificate was printed Now
was paper stolen by these defendants' Iney were
not like watchmen placed In charge OF the property nor
servants employed bundles from place TO place
they we're than cueodans or guardians OF tns
property they had possession OF the property As the
crime OF larceny essentially involves the rights Of posses
son distinguished from the rights OF property ana as
the was not raudulenty obtained for the pur
nose Of stealing there nothing in the case that teha "
prove the crime Of larceny 1910.
ment charging the defendants with embezziemeht
There were several phrases Of the accusation ana all
were considered.
In conversation with Tribune reporter, Mr. IVES
after his dismissal, said that while not aitoselhor
satisfied with the outcome Of the trial, as he had
wished to have his side of the presented ne iet
like complimenting Judge SHREDDER upon his decis'on'
which he regarded very able, touching as IL uid,
noint, which had not been brought out by counsel
unon either side Asked II he would not give some
of the matters he would have liked to have had brought
out, he refused saying that he did not SEQ that any
thing could be gained by his making any statement.
He and the Cincinnati people interested In the uod GIN
clnnati Hamilton and Dayton had always disagreed,
and probably would always do so lie had
no intention of bringing any suits for damage
because Of his arrest He said he should return to
New \ Ork tomorrow. .,
Judge Schroders opinion and decision are favoraoiy
regarded by all except Prosecutor Pugh. when Tue Tue
fudge had finished, Mr. Pugh arose and sad that
he would take an exception. Later he explained that
he did not think the decision proper one ana tna'
he would take 1t TO the supreme Court TOR review;
This action does affect ives stayner, though
schroeder is mIs shall argue before the suprems
Court that made, and the judge WILL
appoint lawyer to defend his position