Los Angeles daily herald., 1889-12-05
FOUND GUILTY.
That IL the Result OF the Trial OF
r. !. OuddY.

r. =. Ouddy.
The trial of T. J. Cuddy, charged with
embracery in seeking to influence Rob-
ert McGarvin as q juror in the case of
the United States against w. More
Young, when he was about to be tried
for defrauding the Government out of
the internal revenue tax on brandy,
came up yesterday before Judge Ross.
The alleged offense was committed last
February, and when it was reported by
McGarvin to the Court, Judge Ross sen-
teneed Cuddy to six months in the
County Jail for contempt Of Court. This
penalty was duly paid. Later Cuddy
was charged with embracery and this
was the case tried yesterday. The jury
was soon secured as follows:
Charles A. Baskerville. George 81.
Bixby, Henry X. w. Bent, William H.
Barnard, Nathaniel @. Carter, George T.
Vail, Frederick A. Wslson, f. W. Van
Nuys, H. w. Scoll, Aaron Wilson, L. E.
Miner.
E. H. Owen, Clerk of the United States
District Court, took the stand and showed
that on January 18th jury was i'm.
paneled to try w. More Young for the
offense charged against him. Robert
McGarvin, the juror in question, was then
put on and testified substantially as fol.
lows:
Twas term trial juror in February last.
/ know Cuddy. On February 11th he
came into my Office on Court street and
said that in few days friend OF his,
named w. More Young, would be down
from Fresno, and as / would meet him
lo knA 70 W
took me from my desk into back room
when he told me this. As Cuddy went
out he said: "He ought to 60 Free"
George Hare was introduced to show
that about the same time Cuddy visited
the Office of Mr.. Weinshank, who
was also Juror in the case. Hs did
not know what Cuddy's business with
Weinshank was. Here the prosecution
rested.
The defense took the case up by put
ting the defendant on in his own behalf.
He admitted speaking to McGarvin as
was stated by him. He did not know
McGarvin was juror in the case, nor
even that he was in the venire out of
which jury was to be impaneled.
On cross.examination he said he might
have called at the drug store of Mrs.
Littleboy to see Mr.. Fickett, another of
the jurors in the More Young case. If
he did it was on political matters, as the
city convention was about to meet. and
he wanted Mr.. FickeGt to help him in
electing delegation to it. He had fre-
quent occasion to see Fickett. He did not
know of his being juror. Cuddy said
also that he knew Hare and remem-
bered going to Weinshsnk's shop to see
him. He was putting in the fixtures in
his saloon and called to see Weinshsnk
on that business. He knew nothing
about Weinshank being juror.
The United States Attorney, Hon. A.
W. Hutton, then cross-examined the de-
fendant further as to the friends of
Young going to his place. Cuddy said
they did 80. He did not know who they
all were nor where they came from. He
heard of the More Young case on the
cars between Los Angeles and San Fran
cisco. He heard Of it in San Francisco.
He also heard of it here. He thought
Young innocent. After some examina-
ton OF the witness as to what he testi-
fed on a previous occasion when on trial
be was excused.
Hon. T. B. Brown, for the defence,
then put on q number of witnesses to
testify to the general good reputation Of
the defendant for honesty and integrity.
Some of those who swore Cuddy's repu-
tation in these respects we're good were {:
Sheriff M. G. Aguilre, W. ]. Brodrick,
ex-Chief of Police Henry King, G. w.
Burton, Eugene German and ]. B. Lam
kershim. Many others testified in the
same strain.
After brief discussion of the case, the
Court charged the jury about as follows !:
II from the testimony before you you be-
lieve Robert McGarvin, at the time this
defendant approached him, was q Juror
in jury impaneled to try the case of the
United States against w. More Young,
then you ought to find this defendant
guilty as charged.
The jury remained out about an hour,
and then came into the courtroom with
verdict of guilty.
Mr.. Cuddy's counsel wished to give
bonds pending the passing of sentence,
which takes place next week. The Court
held that the case, as it now stands, does
not admit OF bail, and with this under
standing, the prisoner was ordered into
the custody of the United States Marshal,
and Deputy Bob Dominguez took charge
of him.
The ofense of which the jury found
Cuddy guilty is q misdemeanor, and
the extreme penalty is one year in the
County Jail or 81 900 fine.
ASHES TO ASHES.