Telegram-herald., 1890-05-14
The NOTION Is DENIED.
The Old Verdict Stands in DR..
Reid's Case.
A Mastery Argument BY the Youngest
Member OF tie Bar-Ihe Court
stands by the Jury.

In the United States Court yesterday,
the case Of DR.. REID took precedence Of
everything else n the general interest.
On the motion for a new trial, respOn-
dent was represented by Messrs. Rogers
* MO1ltOn, instead OF Frank Donald
son. Mr.. Rogers opened by running
over the grounds upon which a new
trial had been played for. He held
that the verdict against DR.. Reid widely
dVerIed both from the testimony
and from the charge 10 the
jury. that numerous errors IN the
admission and exclusion Of testimony
had existed; that the district attorney,
IN ms eddre.s 10 tine jury, had gone far
outside OF the testimony, and had ap-
pealec 10 the preJudIces and sympathes
OF the Jury without warrant; that the
Congressional act under which respond
ent mad been convicted was uncorst,-
tuuonal. Upon the laying of this pre-
liminary foundation, Mr.. Moulton
arose and made MS first appearance in
a United States Court, and almost his
first appearance III any court. His
self-pOssessiOn and fiuency of speech,
under the circumstances, were truly
comment even from those who did not
sympatAlZe with MS side Of the case.
Mr.. MOuiton's performance was all the
more remarkable, because 1t must
have been apparent TO him from the
very outset, that he was engaged II an
up-nlll task.
When Mr.. MOulton sat down
the court announced that 1t did
not care to hear any argument of the
district attorney, and 1t at once pro-
ceeded To the delivery OF It's own
opinion and judgment.
Judge Jackson first took up the
constitutional point and said that the
grant of power to Congress to establish
a post office system settled cOncluslvely
all the points that had been raised as To
the consLitutionality of the act under
which the respondent had been con-
yIcted.
The trial Judge (Severens) had pro.
perly SAID that there were two points i'm
the case: First, whether DR.. Reds
scheme was n fraudulent one: and. sec.
ond, whether the United States mails
were used TO further the scheme. The
defendant admitted the second and
denied the first. The trial nudge had
instructed the jury that if they found
that DR.. Reid himself believed IN MS
own power, they were to acqut.
Nothing could be fairer.
Now counsel states and asks the
court TO believe there is such
= thing as upernaturahsm. Ii
a citizen claims extraordinary power,
N such way as, upon the flow of
events, 10 pTesuppOse guilt, 1t is in
cumbent upon INN to prove the
possession OF the power. There was no
attempt upon defendants part to show
ths power, beyond the mere beliefs of
few witnesses. Suppose n man to
claim that he would raise the dead.
That would be prima facice evi-
denCc f fraud, III the present
stage OF human experience on the
subject, and the burden would rest
upon the man himself 10 remove tin 5
presumption n any criminal prOsecu-
ton rising under the claim. The courts
Will never admit their Obligation to dis
prove the supernatural IN any cases
where It's existence may set up rs al
explanation of conduct. The motion
W.ll he Gcn'cd.
Sentence VIII be pronounced when
tine business before the circuit Judge j:
concluded.