St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-28
HIS OWN ATTORNEY.
harrington Defends Himself il
Federal COurt

Harrington Defends Himself in
Federal Court.
A jury in the United States district
court passed yesterday afternoon and
last night in the jury room trying O
ascertain whether or not F. c. Earring
ton should be acquitted of the charge OF
unlawfully using the mails to secure
money under the promise that he would
furnish Mesaba cure-alIs. This is the
second trial of Harrington. At the trial
yesterday it was expected that Henry
Johns would appear in place of j. j.
McCafferty to defend the man, but
neither appeared until after the
jury was impaneled, and then
Mr.. Johns went into court to
say that he could not attend to
the case because of an engagement else
where. harrington declined the offer of
Judge Thomas to appoint all attorney to
defend him.and took the matter in hand
himself, with his wife sitting by his side,
clinging to his hand part of the time and
devouring the jury with streaming eyes
that implored for mercy. Harrington
made no attempt to cross-examine the
witnesses for the government and
offered no testimony in defense, not
even going on the stand himself, as he
did at the former trial. Neither did he
make an address to the jury in the
premises. While the evidence was adj
duced, Judge Thomas occasionally
stopped the witnesses and asked
harrington if he desired to make
objection. II have nothing to sas" was
tue response to Harrington. Judge
Thomas remarked at the first objection:
~ our attorney in the first trial OBJ
lected to this evidence. The steno-
grapher will note an objection now
The objection is overruled and you may
have an exception to my ruling noted"
At other times the court protected the
interests of Harrington by giving him
the benefit of all points that he had the
benefit of i'll the former trial when he
had an attorney. When it came time
to instruct the jury Assistant District
Attorney Stryker stepped up to the
bench to speak to the court so that the
jury would not hear his request for in
structionS. Harrington here got an adj
vantage by remarking that he objected
to the district attorney attempting to
prejudice his case by secret confer
ence. The court stated that the inter
est of harrington would not be pre-
JUDGED by any suggestions made by
the district attorney. The jury disa-
greed at the former trial, and 1T is very
likely that the same result will obtain
this time, when the man had no attor-
ney, whilst at the former trial he had
able counsel. The case is one Of class
in which it is hard to secure a conyic-
ton even in case Of guilt. 1t is hard to
show that the man did not intend to
send the preparation at tue time he
received the money, in this case So The
court instructed the jury that it was
necessary to believe that Harrington did
not intend to send his preparation at
the time he received the money, and
that it was not enough to believe that
he might afterwards have concluded
| not to send the goods. The jury ap-
peared before the court three times
yesterday, after going out at noon, but
up to 10 o'clock last night had not been
able to agree. One of the Jurors said
last night that there is a possibility of
an agreement.