Evening journal., 1891-02-09
MCPHERSON MOT GUILTY.
JURY DELlBERAT6S FIFTY FIVE
MINUTES.

Harry A. Fpoerl ON Trial Charged with
Assaultlng Little Mary wncox-Ths
Victim on the stand-osher Evidence
on Behalf of the state.
Court con vened this morning promptly
at 10 o'clock and proceeded at once to the
consideration of the Mcpherson case.
Mr.. EDmons rose and said he wished
to correct En impression created by
the remarks on Saturday in reference to
George w. Bush & Sons. They had
treated him courteously and he did not
intend to reflect on them for anything
they had done.
Judge Comegys in his charge TO the
jury referred to the previous good
character borne by Mcpherson, and said
that instances were innumerable where
men, whose characters for time were
unimpeachable, developed into notorious
criminals They had two questions TO
consider whether the defendant lighted
the fires, and whether the lighting Of the
fire was an attempt to set fire to property
He thought there was no room for the
admission of the theory of spontaneous
combustion. The jury were the Judges Of
the credibility of the witnesses and if
they thought that Jones was telling the
truth they were bound to convict the de-
fendant, while If they believed Gooding
they should set him at liberty
The calling sof detective
was not a dishonorable one, not
withstanding what had been said by
counsel for the defendant, and he be-
lieved that Mr. Jones needed no
vindication at his hands. He said that
detective was just as much interested
in the final success of his case as lawyer
was in the interest of his client, but the
jury had nothing to do with either
The jury then retired at 10 40 o'clock
to consider their verdict.
In the case of Harry A Spoerl charged
with committing an indecent assault on
little Mary Wilcox, an affidavit was
read by Frank d. Carpenter made by the
defendant, ia which he stated that he
was unable to pay the fees of number
of witnesses, whose testimony was
material to the defence. He therefore
asked thai they be paid in the same way
as witnesses subpeaed by the state The
application was granted, counsel being
required to furnish to the court the facts
he wished to prove by leach of the wit.
nesses.
jury was then drawn. Spoerl
accompanied by his wife and mother en-.
tered and took their seats In front of the
dock. Nathaniel Davis stated the case
for the state.
Mary Wilcox, the frst witness was led
to the stand by her uncle, William
MulrooneY. Her head was scarcely
visible above the ledge of the witness
stand, but she gave her answers intelli-
gently and showed an inordinate precocity
for girl Of her age She told the story
of the assault committed in the car shop
as previously reported in clear, direct
manner without falter or hesitation
and during her testimony a shudder Of
revolt against the character of the crime
passed through every one in the court.
During the cross-exsmination by Mr.
Turner she admitted that William ~.
Vernon was in the car shop when she en-
tered. She was subjected to 8 long,
severe cross-examination by Mr. Turner.
during which she adhered to the part Of
the story relating to the commission of
the act as originally told, but deviated in
some other details.
The jury in the Mcpherson case re-
turned into court at IL 80 o'clock after
an absence of ifty-fve minutes and an
nounced a verdict Of mot guilty There
was a slight murmer Of applause in court
and then the defendant was formally
discharged The face Of Mrs Mcpherson,
who with her little girl attended BY the
side of her husband during the trial be-
came bright and tears Of sorrow gave
place to those Of gladness as she walked
with him from the court room.
At the continuation of the Spoerl case
Mary Moss, who had accompanied Mary
Wilcox home from school on the day Of
the alleged assault and who was put out
srts1 4.
Wilcox before the alleged commission of
the deed, was examined by Mr. Davis and
corroborated in some particulars the
testimony given by Mary Wilcox. She
was subjected to a severe cross-examina-
tion by Mr.. Turner.
Daniel Wilcox, 10 years old, the
brother of the little girl. gave the story
of their movements from the time school
was dismissed until he, his sister and
Mary Moss went TO the car shops where
Spoerl was He told how he and Mary
Moss had been put out by Spoerl, and
how he had looked in through the win
dow and saw Spoerl fondle his sister After
getting down from the window he said
that Emil Loues came along and looked
through the window When he pointed
Loues out, the Hungarian looked as
scared as If he was about to be put in
the dock, His evidence in sUme details
differed from that given at the Municipal
Court. He also contradicted In some
particulars the testimony given by tht
little girls.
DR.. Howard 0gle testified that he hac
been called to see Mary Wilcox about
thirty six hours after the alleged assault
He found an external organ inflsmed and
slightly torn, showing a considerabl,
amount Of friction. He would no
undertake to say what had superinducet
this state of affairs.
Emil Loues was examined through al
interpreter. he stated that on tht
morning of the alleged assault he lef
the Remington Machine Car Shops TO q
home and, on his way, passed by tn
window OF the car shops He saw DO,
attempting to climb up to the window
which he could not reach a
he was TOO small. The bo,
was calling out and the witness went ul
to ascertain what was the matter. o.
looking through the window he saw
Harry Spoerl fOndling little girl in hi
arms
The court then took recess until 2 3
o'clock.
Its Attitude Towards the Negro.