Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-16
The Doughty, Maneese and Callen Cases in
the Hands of the jury,
THE BIJOU WANTS $4,000 IN DAMAGES

Bauder agency, yet he had never entered
into an agreement with Bauder or anybody
else, wherein the costs we're to be divided.
Mrs. Davis did not give him dollar, but
left 25 cents with which to treat the boys
| Witness never signed blank warrant, but
always filed them out
The previous good character Of Alderman
Callen was admitted by the prosecution, there
fore no witnesses were called. The arguments
were then taken up. Mr.. Marshall argued on
| behalf of Doyle, and stated that having been
| convicted once he could not again be convicted
OF the same offense. Messrs Keenan, and
Keardon argued for Aldermen Callen and
The points of their argument were that no
conspiracy had been entered into with the
Bauder agency or anybody else. w. d. Moore.
Esq, pleaded for Alderman Doughty. He
classed the indictment by the grand jury as
stupid, senseless indictment. and one that
should have been quashed for general stupid
ity Mr.. Moore argued that no evidence had
been produced to show that the Bauder gang
had ever entered a. suit before Alderman
Doughty. On the other hand, he produced the
testimony of the Commonwealth to show that
no suits were ever entered, and therefore he
could not be found guilty of conspiracy.
Clarence Burleigh, Esq. closed the case for
the prosecution, and made mastery argument
in which he severely scorched the defendants,
whom he classified as a band of thieves who
preyed upon the widow and orphan, and their
crime was infinitely greater than that of the
Bauder agency. They were called the worst
THE JUDGE REBUKED HIM.
During Mr.. Burleigh's address he was fire.
quently interrupted by Mr.. Keenan,. Judge
White finally became angry, and insisted that
unless the gentleman would keep quiet he
would place him in the hands of tipstaff. re-
marking at the same time that they were in
court of justice, and not in an Alderman's
Office.
Judge White then began his charge, confning
himself strictly to the law. He said conspir-
acy is combination or agreement OF two or
more persons for the accomplishment OF an un-
lawful purpose, or for the accomplishment of
lawful purpose by unlawful means. 1t is not
necessary that there should have been def
mite and specific agreement at the beginning or
any common consultation on the subject. If
the general purpose was understood that is
sufficient. All who take part in the further
ance of the common purpose are conspirators.
If two or more conspire for an unlawful pur-
pose and are engaged in carrying it out, all who
subsequently unite with them in furthering
the unlawful purpose become conspirators the
same as If they had been in it originally, and
this is true although such subsequent parties
had no actual knowledge of the original con-
spiracy IL the circumstances were such as
plainly 20 indicate the unlawful purpose.
The conspiracy charged in this case Is sub
stantlally this: That the defendants conspired
and acted together in iustituting civil suits for
penalties and prosecutions for criminal Of
lenses, not for the purpose of bringing offend
ers to Justice. but solely for the purpose of
making money and costs by illegally compro-
missing or settling the cases. The evidence on
part Of the Commonwealth points to several
illegal acts of some of the defendants at least
in furtherance of this unlawful purpose
They may. be classed under five heads, viz:
First settling civil suit for the penalty Of $50
under the act of 1866 for less than $50 second,
settling the civil suit for the penalty and drop
ping or abandoning the criminal prosecution
for selling without license; third, settling or
dropping the criminal prosecution because of |
money or costs received; fourth, compelling
parties not guilty to pay costs to stop the pros
ecutions; fifth, commencing prosecutions for
some criminal offense for the purpose Of fright
ening suspected parties into paying money or |
costs to avoid a lawsuit.
If two or more of the defendants were en-
gagged in carrying out all or any one Of these |
objects they were engaged in an unlawful |
business, and if acting in concert, were con- |
spirators 1t is not necessary that each con- |
spirator should personally know all the other |
conspirators or should have had any consulta- |
tlons or concerted action with all the others.
If three or more are in conspiracy to carry on |
AN UNLAWFUL BUSINESS,
and another knowingly unites with one of |
them in furthering the unlawful acts within |
the purpose of the conspiracy, he thereby be- |
comes co-conspirator, although he may not !
know of others being in the conspiracy. |
Three of the defendants, Bauder, Doyle and |
Dougherty, as has appeared during this trial, |
not yet been sentenced. That verdict is not
in this case. You must find Ver-
dict as to them upon the evidence before you.
But il found guilty it Is not likely they will be |
twice for the same offense. Three
of the defendants are Aldermen, before whom
many of the informat1ons were made. AS to
them the question is. are they parties to the
This leads US to consider the du-
ties Of Aldermen in such cases.
A magistrate should not take an information |
for a criminal offense without iDquiring into
the facts Of the case, an and b being satisfied there
his duty to keep regular docket in which
shall be entered every suit commenced. or in
formation made before him, with full and
and the final disposition thereof. with all costs
charged or paid in the same, and also any fine
imposed or paid, If any, and the names of all
Witnesses examined. 1t is also the duty OF the
magistrate to proceed without delay to the
hearing and final disposition of every case.
The constable or officer having warrant, pro-
cess or subRGRRa to s1. serve should hon serve
return thereof Immediately TO the magistrate
with his return Endorsed thereon. If the con-
stable or officer fail to make return in rea-
require him to make return. and in default
thereof to issue an alias warrant, process or
subpoena and place it in the hands of another
officer who will execute it.
II the magistrate is satisfied the accused is
yuilty Of an inGictable offense, unless for very
,rifing offense, or in a class of offenses pro-
Tided for in the act Of Assembly, he acts i'm
properly, and does wrong to dismiss
he case or permit it to be
ettled on payment of costs. Much more is it
and even criminal for him to permit
prosecutor to drop or settle case when he
las reasonable ground for believing money has
'een, or is to be, paid to the prosecutor.
THE Law LAID DOWN.
When prosecutor fails to appear at the
tearing or neglects to prosecute 1t is pre-
umptive evidence the prosecution is frivolous,
r was instituted for improper purposes. This |
is greatly strengthened il the
PROSECUTOR is the officer for serving the war
ant and subpoena The settlement Of such
ase without hearing or the defendant ap-
earring, or upon shown evidence, is conclusive
violence of corrupt motive
When there is a criminal prosecution for
elling liquor without q license, and also |
lvil suit for the penalty for selling on Sunday,
the civil suit is settled by the payment Of the
enalty and costs and the criminal prosecution !
ropped, the inference is irresistible that the ,
rosecutor was influenced by corrupt motives.
70 also when the civil suit is settled for less
han the full penalty. And magistrate who
nowingly permits such settlement Of cases !
efore him is a party to the wrong
ul illegal act. II any alderman or
lagistrate acts honestly and in good faith,
to his duty or a mistake as to the law, he is |
ot to be held criminally responsible. But If,
rom the frequency Of prosecutions and other
he has good reason to believe :
he prosecutions are instituted for improper
urPoses, and the prosecutor is simply seeking
ersonal gain, he should not only refuse to aid
he prosecutor in his unlawful purpose, but ,
hould resolutely refuse and expose him. And
the circumstances are such that the Jury may
find that the magistrate knew or ]
el1eYed the prosecutor was acting corruptly
nd Illegally, and he permits or connives at such
cts, he is as criminally guilty as the prosecu- I
At the conclusion Of the charge the jury re- '
red. They were informed that If they reached /