Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-05-12

sented by you gentlemen of the jury.
This man Mcclure is one who is paid to
prosecute poor women and helpless little
boys. He has made thousands miserable by
his work as spy. 1t is against this bust
ness of spving-a business which in itself is
near approach TO perjury in the eyes OF
some of our citizens. He is resorting to an
evil to suppress an evil. My friend of the
opposition seems to have adopted the policy
of sneering ut everyone who is not a bosom
friend of this defendant, Robert Mcclure.
He has said that every man who has had
anything whatever to do with getting out
Sunday newspaper and every man VINO
reads such a paper is a criminal This is
not so. No just man can say it is so. He
tells you that the proprietors of the news
papers and their hirelings are criminals. DO
you believe that? 1t has been said that there
is conspiracy to convict this man. The
fact that Miss Wimar came to my office is a
compliment to me. 1t show that took care
to investigate the case and, before God and
man, believe that that man is guilty. He
ought to be in jail, instead of running
community.
That Missing Information.
There are two counts in this Indictment.
In the first count it is charged that Robert
Mcclure committed willful perjury in
swearing that Sharpe sold him a copy of the
Sunday Press on the Sunday in question. We
also charge him with perjuring himself in
swearing to this statement. My friend talks
about crookedness Look at Rohe, Poole
anu MCSluTe. ATen Inel u pretty iilOE
Talk about conspiracy. What do these peo-
pie do? What does this man Mcclure do
who 1attens on the misery of the COM
munitv.
Now when this trial commenced the other
side was very anxious to have Robe here.
Now, we wanted TO get that original infor-
nation but we haven't been able to find it.
Rohe was elected bv the people and he
should do his duty, not become the tool of
Agent Mcclure and his gang, who have in
tested the city for years. Robe snys that the
clerk freOnentlV took infOrmariOnS
and that he did not see them again for some
months. Now, that man Rohe was to all in
tents and purposes owned by Mcclure, who
has been giving him so much business.
Where is that original information? 1t has
been spirited away by the defendant or
some of his friends, and now they say, You
can't convict US unless you produce the
original.
The counsel for the defense SAYS Miss
Winner is "hussy." Is this because she
testified so accurately? Is this because her
testimony is so damaging to Mcclure? Oh!
Major Brown Defends the Girl.
Gentlemen, your intelligence will tell you
the real cause for this vituperative
abuse upon a defenseless girl They also
say there is nothing to be considered re-
gardin- time as many persons for
get when it comes to the recollec-
tion of time. But can you overlook
the important fact that Mcclure swore
it was 80 or 7:30 by Central time, 500 or $50
by Pittsburg time when he saw Miss Winner
sweeping in front of the store and Sharp
eating his break fast and that when Sharp. his
wife and Dora Winner emphatically testified
that it was a little after O'Clock by Pitts
burg time when they were doing these
things? Gentlemen of the jury the contra
dictions are too palpable This man Mcclure
testified falsely when he was before Alder
man Eohe, and he knows and you know and
] know that he is as guilty of per Jury as is
any man whoever was convicted for perjury.
You, as intelligent men, should find Nc
Clure guilty, and having every confidence
in YOUR discerning ability, / leave you to
bring in such verdict.
The crowd looking more interesting than
before, and with their tired bodies resting
on tired extremities, leaned a little forward
and craned their necks as Judge Slagle be-
gan his charge to the jury.
Must Leave the Blue Laws Out.
Gentlemen. you are here to try certain
ISSUE began the Court, and not to decide
upon the legality of any law, whether it be
of 1874 or 1892 That issue is whether or not
Robert Mcclure the defendant in this case,
is guilty of perjury. Yon should not permit
yourself to be Influenced either way by the
criticisms of the law of 1894 made by the
press and the public. That is irrelevant to
the case and should not be taken into con-
sideration, in affixing your verdict
and argument made by the attorneys in the
case, as attorneys are apt to wander quite a
distance from the point at issue. Attorneys
in a case are partisanS and this fact should
De remembered. You must discard certain
testimony brought out that is irrelevant to
the point at issue. You must not con-
slider what the newspapers say; we
all have our own opinions about the |
freedom of the press. We do not know |
whether or not the newspapers are back of
the prosecution, but that is also immaterial |
to the question at issue, and should not be |
considered You have no right to consider |
the actions of the Law and Order Society or |
whether you think the law OF 1874 is right OF |
rot. You must not bring in any feelings,
either for or against the Law and Order So
ciety, That society has done some good |
during its existence and the need of it is in |
stanced by the occurrence of last Sunday, |
but that is immaterial
May BE Across the Bounds. |
These people may be going beyond where |
they should, but neither has that anything |
to do with this case. There have been var |
ious matters discussed during this hearing,
but you should think of nothing but that
which relates to this case. You must take |
all irrelevant thoughts from your mind |
when deciding upon Mr.. McClures inno-
cence or guilt. |
There are two counts to this Indictment
The first is that Mr.. Mcclure perjured him. |
self when he made an information before |
Alderman Rohe, charging Sharp with vio- |
lating the law of 1874 by conducting an un-
necessary business on Sunday, commonly |
known as the Lords Day. The charge |
against Sharp was made informa- |
tion received and the Indictment alleges that |
Mr.. Mcclure made a false information. Per- |
jure means the testifying to that which is |
false You must ask yourselves from the |
evidence you have heard whether or not |
Mr. Mcclure testified falsely, willfully and |
corruptly. Regarding the first count, the |
original paper or information could not be |
produced and the Court decided that was |
necessary as evidence. The testimony of |
witnesses has brought out the fact that on
the night of February 27 certain parties or |
dered and paid for papers This does not |
constitute sale.
Judge SlagIe's Definition of a Sale.
The delivery of that which has been |
ordered and paid for does, and this, together |
with the admitted sale of four papers later |
on Sunday morning, the 2s5h instant, makes |
a clear case of violation of the law OF 1894, as
has before been decided by this Court l |
therefore charge you that there can be no |
conviction on the first count.
"The second count" continued the Court,
as the crowd surged a little forward and |
opened their mouths little wider, "is that |
Mr.. Mcclure testified falsely when un-
der oath. During this trial evil |
dence has bee- brought out regarding |
Mr.. McClure's associates. These facts should |
not be considered Mr.. McClure's testimony
before Alderman Rohe was that he bought 4
paper on Sunday morning from James |
sharp. Now an article may be sold by any |
employe of man and still be sold by him,
and this must be remembered. The princi-
pal question is what did Mr.. Mcclure swear
to, and that question you must decide |
entirely from what you have heard from
the witnesses on the stand. There |
has been much said about time Now,
that not necessarily material, if 1t be
proven that the paper was sold on that par
ticular day. But it may become material in
connection with certain other matters, but
that is something you must decide. You
cannot convict Mr.. Mcclure on that time
issue unless it appears to your mind that the
whole thing was scheme to persecute and |
founded entirely on a falsity. person may
easily become mistaken regarding time and |
particularly where time is as confusing as it /