New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-10-21
IN FAVOR OF M'LAUGIlLIN
THE COURT OF APPEALS GRANTS THE
INSPECTOR A NEW TRIAL.
HIS RIGHT TO arrIY FOR \ CHANGE OF VENUE
HAD BEEN DENIED TO HIM AND so HIS
TRIAL AND CONVICTION WERE iHREcr-

TRIAL AID coNyICTIoS WERE iHREGU-
LAR-IirsToRY or THE CASE.
Albany Oct 20.-The cot OF ppeals fas
Granted Ingpcctor McIauFhlin. Of the New
York police force n new trial. ard allowed him
10 move for a change Of venue. The courts de-
csion Is on an appeal from a Judgment or the
Appellate Division of the upreme Court al
frming the judgment entered upon the verdict
Of a jury finding Mclaughlin guilty of the crime
Of bribery and extor:ion.
McLaughns conviction the result OF the
investigation OF the NewYork City police force
in 1894 by the Lexow Committee. The indictment
against McI.aughlin contained five counts. The
first four counts charged him. as captain or po
lice I'm the First Precinct In New-fork city.
with the crime II bribery in receiving so from
Francis W. Seagrist. jr.. on November IL lo'l'
under an alleged corrupt agreement not TO en-
force the laws and ordinances OF the city against
seagr!st. who was engaged in t ing down
building In that precinct. The NTH count
charged McLaughln with the crime Of extortion
IN obtaining the sum OF 500 from Scagrist by the
wrongful use Of force. induced by threat or
McI.aughlin 10 do an unlawful injury 20 the
property Of Seagrist
The two trials OF Mclaughlin cost New York
civ about $4,000 each. The first trial vas be-
fore Judge Barrett the old Court OF oyer ana
Tcrminer and was begun on April IL. ls9o BE
fore a Jury was secured 100 talesmen were ex-
amined. That trial ended In a disagreement or
the fury on May IL. and the Distrct-Attorney
Immediately moved FOR another trial In the fol-
lowing week. McLaughlins counsel Fought Tor
delay and secured from Judge Pratt. In Brook
lyn a stay and an order to show cause why Z
change OF venue should not be granted. Nc
Laughlin declaring that the state OF public fee'-
ing In New York was such that II was iHposs'-
Bile 10 secure a jury that would give him tair
trial The time set FOR the hearing was June D.
but Colonel Fellows procured from Justice An
drews an order to have the hearing come Deiore
Justice Ingraham on the day which had been set
for the second trial Justice lngraham dehied
the stay and refused to grant the motion for
change OF venue. and the second trial OF NC
Iauyhl,n began on May % before Judge Bar
rot, The trial ended in conviction. and on
June 10 lSgJ Mclaughlin was sentenced TO TWO
wears and six months In prison. His counsel
,ben obtained n stay OF execution, and he was re-
Ieased on $4,000 bail. pending the appeal. The
Appellate Division Of the Supreme Court de-
cded against him. and his case the went TO the
Court OF Appeals.
The opinion rendc~cn to-day Is long one
comprising some 1900 words. 1t was write"
by Judge Martin. and there Is no dissenting
opinion. Judge Martin said In part
The appellant had right to apply Tor 'e,.,on, i
OF the action to another county. upon lnc tiouu,u
thai n fair and impartial trial could not pe hau ia
NeW-York city. That the right mus RN'i, u a
substantial one and has aIWsSs eTa IS nncs
or this right defendant has been deprived. ~"
District Attorn ~ when he insisted upon proceed
M his pcril although he obtained an Improper anu
irregular order In form setting aside the defend
ants application and stay. When that olu,r WIS
reversed the logical result or the decision was 10
,li,ps int
der and It's reversal The record falls 10 disclose
any reason FOR the omission OF me Appellate III
vision to grant the relief to Which ne W. aPp"i
existed AT the time of the second trial IL was I'M
nos able fer the Appellate division 10 properly de-
ieriine that the defendants ri"l was TAR ana I'M
partial. - ...... H.. .,.,,,,
we are unable to discover any process by when
that court could determine thai there was hot an
atmosphere OF prejudice surrounding the court anu
p.rvading the jury-boX which hilcctcd. III IL an
not control the result. We think the court should
have set aside the trial and all proceedings inter
mediate The granting OF the order appealed from
and It's reversal permitted the defendant 10 retain
his motion change the place OF trial. and stayed
the proceedings upon the indictment until 1t was
heard and determined. -
on the trial there evidence that Nc
Laughlin had made any threat whatever To Sea
grst or that any money was paid by the latter nj
the time In relation to the transaction alleged
In the NTH count OF the indictment We are OF
the opinion that the other transactions In the In
stances to which we have specially referred were
Improper and that the Court erred In admitting
them and In charging the jury that II might take
ccncc or guilt OF the defendant. The trial court
erred I'm admitting evidence tending to show pay
mcnts to Mclaughlin through Sergeant Burns A
memorandum made by n witness cannot be ad-
mitied TO prove the conclusion Of the witness his
purpose or the object OF another person. We think
this evidence was clearly inadmissibe.