New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-07-20
MOUADE A FREE MAN AGAIN
rHr SARATOGA JURY AcQUITS THE
EX-ALDERMAN.
ONLY ONE HOURS DELIBERATIoN TAxEN-A
copIous FLOW OF TEARS IN THE
CoURTRooM-JUDGE DANIELs's
CHARGE.

Ra,,ston spa. n. Y, July 19.-The lawyers on both
udes I'm the McQuade case to-day summed up the
violence and submitted the case to the jury, who
,fter an absence Of hour returned verdict OF
not guilty.
Waite who was called by the people in rebuttal TO
The testimony Of officers Of the Cable Railroad Com
pany in which they testified that money was offered
TO obtain franchise. Judge Fursman proceeded to In
s into the minds of the jury the innocence OF the
defendant. He said:
The only thing i fear in this case is the DistrctAt-
torney, who is follow and who is the greatest
orator among DstrictAtoneys of the whole United
States II you DO not keep your mind upon your ooiiga
ton he with his slvery voice. will steal away your
heads.
The defendant has been triet three times for this
crime The first time, am informed the jury were
eleven for acQuitta
Upon the result of the second trial Judge Fursman
reviewed what he called the injustice of the decision,
he defendants Imprisonment and separation fom his
hmy IN such an earnest manner and In such eloquent
language that tears brought to the eyes Of many
In tho audience. The defendant had his face in his
hands and was weeping. II Judge Fursman was
Eloquent in opening he more so in his closing
remarks. McQuades head was bowed in grief, when
Judge Fursman turned to him and said: Look up,
Arthur look up you are innocent man and 1t has
been proven When he concluded his remarks there
were not few tear bedmmcd eyes in the audience
Colonel Fellows at noon began his address to the
hurry He finished shortly after O'Clock
Mr.. Fellows explained the nature Of the crime.
He reviewed the proceedings Of the Board of Aldermen
from the time Of the first application for franchise
until the final granting Of the same; the organization
Of the combination and the great effort OF the Broad
way Surface Railroad obtain the franchise the IN
ercst Immediately manifest In the Broadway and Sew
enth Avenue RAILROAD to raise $500 000 the issuing OF
bonds and the putting of them on the market uo
raising Of this amount within four days, and then It's
sudden disappearance without being accounted ior'
unless IL went into the hands OF Keenan,, the stahe
holder II you believe Fungraf and Duffy' saio tne
District Attorney, then this must be the explana-
don,
At4:I5 p. m. Judge Daniels began HIS charge 10
he iury during which he made the following remarks
In 1885 the Grand Jury OF the County OF New'AorA
found the indictment against this defendant Tor the c
u bribery and for good IL has been sent to this
county ard should be considered under the same coo
tons as though IL found in your county, III nfr
eensries into the execution Of our laws INN
10 VIII be impossible 10 maintain theIl Inc poseou~o
N this class Of cases in others must establish MS
ruilt beyond reasonable doubt. Then the jury must
.onyict; otherwise they must ac1ut The people nave
introduced witnesses who claim to have communion uis
crime and are by the State 30 prove the eohrec"o
Of this defendant this crime. TIE first question as'
Ing in this case whether the testimony OF these VIII
eesses should given weight Second the existence OF
tie crime itself II believe the testimony 10 DC IT,
liable then you believe the crime was committed
rely on this tesunlny enuIcy' 4'oiN ~
circumstances surrounding this testimony which tendf to
corfoborate. Reference has been MADE 10
the proceedings OF the Board OF A'uer'
men during this time which tends to eoroborate
The Of Aldermen had right to grant the franchise
to their own advantage In 40 doing they woud hlure
the city The law required tina. the franchise should be
put up auction and the proceeds 90 to the benefit OF the
city, and they stand mpartlally between the CITY
they represented and the applicants You must look al an
thsse circumstances whether there was criminal
combination. should be considered BY you why reso-
luton granting franchise should pass when the railroad
had rch; lay track 1t is for you to say whethef
crime has been committed and whether the railroad COM
psny connected with the same and whether the evil
fence shows the defendant - be participant
The court then reviewed the evidence at great
length and the case wa Mas reported that the jury
had agreed. Immediately there was rusn loi n a
air of eager expectancy as the jurymen filed into
the court room and took their positions Inc 39usf
raped for order and the clerk called the ron Oh
Gentlemen have you agreed upon your verdict :,
a. his annonncement McOuade shifted anxously in
DO you find him guilty of the crime charged, or
NM . Innocent came back the response from the
Great applause greeted the verdict and the Judge
Immediately raped for order. .,..os
McQuade was heartily congratulated
The only members Of the Board OF Aldermen OF
1884 charged with bribery who have been con'lcueo
are Henry W. Jaehne and John O'Nel. Those VINO
escaped were Thomas Rothman Robert T. De Lacy
Charles Dempsey and Henry l.. sayles. Francis Nc
Cabe was released on the plea Of insanity and Michael
r. NcI,oughlin and p. Kenny dead. Michael Duly,
Iudoluh q. Fullgraf, Charles b. Waite and MiiIam
n Miller became in0lmes. Those who are under bail
awaiting trial are Patrick Farley louis Wendei. Wilam
p Kirk Thomas Shells Frederick Finck. James PEAR
son and Charles II. Reilly Two efforts have been
made 10 convict Thomas Ceary, but on each occasion
the fury could come TO an agreement lie Is sun
10 be tried In Broome County In the case Of Arthur
J. McCuade, the jury disagreed, but he was con-
yieted by another jury He appealed and new
trial granted. . ,, -, 1865, .to.
,.ven are awaiting trial four have turned states
evidence four have escaped, two arc in prison. two
sre dead one Is insane has been acquitted, one
Rae HE trial still pending while there charges
against Hugh j. Grant and John G. OConnor.