Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-11
THE VERDICT IS IN,
But Will Not Be Announced
Until the Court Opens
This Morning.
JUDGE KENNEDY'S CHARGE
Upon the Law and the Evidence in
the Wyman Extortion Case.
FEATURES OF THE ARGUMENTS.
Hany Anxious Watchers Waiting for the
Result Last Night.
FEATURES OF THE ARGUMENTS.
Hany Anxious Watchers Waiting for the
Result Last Night.
A BELIEF THAT IT is AN ACQUITTAlI


dreds of times last night. To all inqulrers
the information was given that at 4:oo the
iurv retired and court adjourned. Ii YER
dict was agreed upon during the night 1t
was arranged that it should be sealed and
opened this morning in court
This sealed verdict was returned at II ~
last night. The jury was released and the
members retired to their homes Chler
Murphy, Joseph Horne, Jr, James Hun1er
and other Allegheny politicians renamed
over in Pittsburg until the verdict was re-
turned. The general impression among
them and other lawyers and politicians on
the streets last night was that the verdict
was acquittaL
The Points Raised by Marshall.
When the trial was resumed yesterday
morning some time was occupied In dis
cussinc points submitted by Attorney Mar
shall for the defense. In the points 1t was
contended that the charge of e1tortion on
the part of public officer could not be sus-
tanned unless it was proven that it was done
with a willful and malicious intent and the
money taken devoted to the benefit of the
person so charged.
sit seems to me this prosecution is an ut
ter failure from beginning to end,
Mr.. Marshall exclaimed. "The only
charge" he continued, 'tis the collection of
illegal witness fees. They don't belong to
him and were not taxed by him, therefore,
how could it be extortion?"
Attorney Bennett followed with another
point. basing it on the salary ordinance of
1888, which it was said makes it the duty of
the officer in whose favor the fees are
charged, to turn into the city the said fees,
and not the duty Of the Mayor.
Mr. Patterson, for the prosecution, en-
tered his protest against the affirmation of
the points He maintained that it was i'm
material what was done with the money,
except to show the intent. The acts of the
clerk, it was held, could not shield the
Mayor, if the latter, by color of his office,
caused the collection of illegal fees. 1t was
the duty of the Mayor to see that the
ordinances were enforced. He was also re-
sponsible for his clerk.
Called 1t Baby Argument
Mr.. Marshall next tried to throw cold wa
ter on Mr. Patterson's views, and the latter
responded by saving: 'The term baby
might apply to that argument, if we might
use it, Your Honor"
Attorney J. A. Langft then opened the
closing arguments for the prosecution. He
said that in Allegheny City justice had not
only been blind, but lame. The law was
not dead, only sleeping. Tactics and cum
ming long kept off the eye of public in
vestigation, but a faithful and able auditing
committee began the work that eliminated
in the case on trial. Mr.. Langft continued
reviewing the evidence as the arrests in
question and the witness fees charged,
claiming clear case of extortion. He
claimed the Mayor knew what his clerk was
doing, and it was his business to know. Re-
ferring to the manner in which the witnesses
in the trial gave their testimony, he said:
f'Never were the merry men of bold Robin
Hood more steadfast to their robber chief
tain than were these men to their leader.
As to the custom coming from Mayor Wy
mans predecessors, what would Pearson
say when his turn came? Why that he got
it from his predecessor Wyman." He next
criticized the defense for making scape-
goat of Clerk Hunneshagen. In conclusion
he asked for the conviction of the man who
had made the honor of Allegheny "a by
word and a shame
The Pleas of the Defense.
T NJ Marshall spoke next for the
defense. The burden of his address was the
''intent' necessary to make a crime. The
Mayor did not know that improper fees
were assessed and knew nothing of what the
books contained, therefore, having no inten-
tion of fraud he was not guilty. He de-
tailed the routine of the work of the Mayors
clerk, mentioning the confidence and trust
reposed in the clerk, and concluded by
Il. -. "
John S. Robb followed Mr.. Marshall for
the defense He said that the work of tax
ing the costs has been the Clerks for years
and the Mayor knew nothing about the
amount exacted. Before the jury decide
that Mayor Wyman, a man elected bv the
people is thief and an extortioner, they
must be satisfied beyond doubt that he had
q full knowledge of the acts of his clerk
They were not trying to make it appear
that Clerk Hunneshagen is a dis
honest man, but if he has done
anything wrong it was the result
of mistake and not an intent to defraud
What Mayor Wyman had done was under
the color of right. He thought he had
right to collect these fees and he had done
So There was no intention of wrongdoing.
and he held the money for the witnesses if
they had called for it. In conclusion he
asked for his acquittal.
ID. f. Patterson made the final address
for the prosecution. He reviewed the evil
dence in the case and read the ordi-
nances and acts Of assembly defn-
ing the Mayors duties. He also
defined the duties of the Mavor's
Clerk, who is hired or discharged by the
Mayor. All the clerk does is subject to the
approval of the Mavor. The system of col
lecting fees, he said, was cunning scheme
devised by the Mavor or his clerk to make
money. 1t was a shrewd system for prac-
ticing rascality. The class of people on
whom this extortion was practiced was COM
posed of those who were only too glad to
paw dollar or two extra to get out of the
lookup. They were not the ones who
would go to a lawyer and first pay
him S5 to find out if they had been charged
30 cents too much. He scored the Ma7or
severely, claimed he new all about the al
legged charges and made them wilfully and
with intent to defraud. In finishing, he SAID
it was not simply suit against James g.
Wyman as an individual. but against him
in his official capacity with an end to secure
pure, upright government
Judge Kennedy's Brief Charge.
Judge Kennedy next charged the jury. |
He read the law on the crime of extortion, |
defining it as the wilful and fraudulent |
taking of illegal fees by a public officer
The Mayor of city was such a public Off |
Ger as was referred to. If the defendant
knew at the time he received the money |
that it wss illegal he was guilty
If he did not know that the fees were ille- /
9al he should be found not guilty. The