Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-10-24
A LUMINOUS CHARGE.
The Bauder Gang Conspiracy Case is
Now With the Jury.
JUDGE WHITE UPON FIXED SUITS.
He Says Magistrate Has No Power What
ever to Settle Cases.
GLARINGLY UNLAWFUL METHODS

The Bsuder detective gang trial was com
pleted yesterday evening, the jury retiring
at 6 o'clock, after an exhaustive charge by
Judge White.
At the morning session Jos. Reese testi-
fed that be had been arrested by Doyle on a
charge of illegal liquor selling, upon an in
formation made before Alderman Callen
by Nagle. Witness gave bail before
Alderman Maneese. When he went for
a hearing, Callen said he'd 'fx it." and
allowed witness to depart after paying S54.
Mrs. Bittner, of Allegheny, was also ar
rested for the same cause. She asked Alder
man McNultv what she should do about the
matter. A Fifth avenue Alderman allowed
her to enter bail. In another Office on Filth
avenue a man told her the case could be
fixed for $50. She paid the money and got
Il receipt signed G. W. Moore.
John Remling said he had been sued on
the same charge, refused to give bail and
went to jail. While in Jail Attorney G. w.
Moore and Doyle saw him-a and tried to in
duce him to settle the case for $50, then for
$40, but he refused. At the hearing the case
was dropped for "lack of evidence" This
closed the prosecutions side.
Mr.. Reardon made the opening speech for
the defense. He asked the jury to give no
attention to the newspapers, and pointed out
that according to the framing of the indict-
ment two or more must be convicted of con-
spiracy, or none at all. T. B. Stoner, de-
iendant, was placed on the stand. He re-
iterated the accounts he has heretofore given
of his connection with the case. He said
he swore to the information against Peter
ButterhOf without knowing any facts at all.
He said that Butterhof wanted the case
fixed" He met Alderman Doughty one
night, who asked him to fix the case up. He
met Butterhotf and his wife at Doughty's
office the next day. 81 wanted $50 and he
said he'd see me further Then he had
confab with Butterhof and said it's all
right"
OLD TESTIMONY REvAMPED.
Witness detailed the visit to Alderman
Cassidv's Office, and how he offered Cassidy
SO to settle, which was refused. Doughty
then talked a while and Cassidy accepted
SIS. He paid the SIS which had been given
him by Doughty and they adjourned to a
saloon, where witness received sealed en-
velope containing S35, the balance of the $50
agreed upon. Two weeks thereafter witness
gave Bauder SIS, retaining SO.
Bender was sworn, and denied that there
had been promises of immunity for his
testimony. He implicated Doughty and
Stoner In the Burns case. Stoner, recalled,
denied Bender's last testimony. j. d.
Boggs, an East End merchant, testified as
to Stoner's character.
John A. Dougherty was called and sworn.
He said be wanted to leave the detective
business, and was to get SO a week from
Bauder. He worked four or five weeks, and
drew only two weeks paw. He described
the modus operandi OF squeezing people BY
the Bauder process. He said that Bauder
wrote out informations, which he swore to
and signed. He denied getting money from
settled cases.
W. J. Bremen, for Bauder; L. P. Stone,
for Dougherty, snd Attorney Robb, for
Stoner, made addresses. The speeches were
limited to an hour. Attorney Burleigh
summed up for the Commonwealth, and
stated that out of "a cases brought by the |
Bauder agency only three reached the |
courts, and one of these had been returned |
by an Alderman after he had been sued for |
completely.
SOME PLAIN LANGUAGE. |
Judge Whites charge to the jury was as fol- |
lows: THE verdict in this case may he against |
all of the defendants: any one or more of them.
Previous good character should never over
throw clear, plain and conclusive evidence.
Conspiracy is where two or more persons con-
spire to do an unlawful thing IN an |
unlawful manner, or lawful thing in an |
unlawful manner 1t is not necessary for a |
previous agreement-not even a common con- |
sUltation-at the beginning general under |
standing of what is being done is all that is /
necessary to constitute a conspiracy. And |
whoever engages in the furthering of an un- /
lawful purpose is a conspirator.
"When prosecutor fails to appear at hear
ing it is generally presumed that the case is a |
frivolous one. The settlement of a case with
out a hearing is conclusive of corrupt motives,
and when a case is settled for less than the
legal amount the inference is that the prosecu-
tion was influenced by corrupt motives. In the
first place. a magistrate should never take an
information on a criminal charge without in
quiring as TO whether there is reasonable
grounds for such information, but after he has
taken the information
NO MAGISTRATE HAS THE POWER
to settle the case. No prosecutor has the power
to settle a criminal case for money, and where
suit is instituted for that purpose it is glarlngly
unlawful and terrible prostitution of a legal
process. Every one of these 81 cases should
have been heard and returned to court, if there
was any evidence at all on the part of
the Commonwealth. Il won't do for officers to
multiply cases and never appear against the
defendants. It is all conclusive that the whole
thing is wrong and that there is something
crooked"
The jury retired at o'clock and Judge
White waited for 10 minutes, but they did not
return and court was adjourned.
The jury in the Bauder gang conspiracy
case reached conclusion about 9:25 O'Clock
last night The verdict was sealed. and
will be returned to court at the opening
his morning.