Evening star., 1897-05-01
M'ELHONE CONVICTED
The Jury Render q Verdict After Short
Delibention.
District Attorney Davis Makes
Strong Plea for Conviction-The
Judges Charge.


the jury in the case Of Philip McElhone,
charged with the abstraction and theft OF
papers from the Peter Force collection I'm
the Congressional Library last fall and
winter, returned a verdict at o'clock yes
terday afternoon, declaring the young man
to be guilty under the second and twelfth
counts Of the indictment returned under
section 5456 Of the Revised Statutes Notice
of motion for a new trial and I'm arrest
OF Judgment was given and the defendant
was later in the evening released from
custody on bail in the sum of 5000 10 ap-
pear for sentence.
Inc address of District Attorney Davis
was regarded by the throng that crowded
the court room yesterday afternoon as one
Of the most effective ever heard in q local
court. He referred to McElhone as a son
VINO mad Gisgraced an honored name by
violating the trust and confidence reposed
| In him by friend of his father, Librarian
Sponord, and that too. IN the very build
ing where his father had made and gained
that honored name Mr.. Davis ridiculed the
idea that McElhone was the innocent dune
| OF Turner. his co-defendant, insisting that
OF the two McElhone was by far the worse
The letters written by McElhone TO Dealer
Benjamin last fall were read to the jury
with telling effect by Mr.. Davis. who
argued that they were filled with admitted
lies, and that they conclusively determined
/ his guilt.
Ihe Judges Charge.
Mr.. Davis concluded his remarks shortly
after O'Clock. and Judge Bradley immedi-
ately charged the jury. speaking about
half an hour. On the two indictments
charging McElhone with the larceny Of the
papers the judge instructed the jury to re-
turn a verdict of not guilty. Those indict-
ments were respectively based on section
5403 of the Revised Statutes and the spe-
cial act of 1878. The remaining indictment.
he explained, consisted of twelve counts,
the odd numbered ones charging McEl-
hone with stealing the papers, the personal
property of the United States, and the even
numbered ones charging that he did felon-
fouSly take and carry them away from the
Congressional Library.
The court removed from the considera-
ton OF the jury all of the alleged stolen
papers but the letter of Tom Psine the
return of Sullivan troops, the roll of arr
tificers, the Cortland commission and the
William Williams letter. directing a verdict
of not guilty as to the others. The Jury
were told by the judge that if McElhone
had these papers in his possession, know
Ing them to have been taken from The
library, or carried them away or assisted
in carrying them away, he would be guilty.
The judge also told the jury to consider
the testimony of Turner with great eau
ton. but said that his testimony was part
of the case. and should be given such
| weight as they believed it to be worth.
The Verdict.
The jury retired at 3:30, returning at
4:35 for further instructions. They re-
turned again at 5 O'clock stating that they
had found McElhone guilty on counts z
and Il. Mr.. Shillington at once gave notice
of a motion for a new trial. and I'm arrest
of judgment, asking that the defendants
bail of $1,000 be continued Mr.. Davis SUBJ
mitted that new bond would be required.
and also asked that the amount of bail be
increased 81 6Nn in view of the dpfpnd-
ants conviction. Judge Bradley decided
that a new bond would have to be given,
but decided to allow it to remain at the
first amount. McElhone's friends then
started out to obtain new Dondsmen, he
remaining meantime in the custody of the
marshal. At o'clock new bondsmen had
been obtained, and at his residence Judge
Bradley granted the order admitting the
defendant to bail on the new bond.
The Law. 80
The section of the Revised Statutes C5l56)
under which McElhone was convicted reads
as follows: Every person who robs
other of any kind or description of personal
property belonging to the United States or
feloniously takes and carries away the
same shall be punished by fine of not
more than 5000, or by Imprisonment at
hard labor not less than one nor more than
ten years, or both such fine and impris on
ment.'
In his instruction to the jury, Judge
Bradley had explained that the odd-num-
bered counts of the in1ictment charged That
McE;lhone aid feloniously steal, take and
carry away" the described papers, while
the even-numbered counts alleged that lie
'did teloniously take and carry away" the
papers.
When the jury first reported an agree
ment they announced that they had found
McElhone to, be guilty on the first. second,
eleventh and twelfth counts. Judge Brad
ley thereupon explained tnat he had in
structed them that the defendant could not
be held on the odd numbered counts, be-
cause ii had not been shown that he stole
the papers. Therefore he refused to ac-
cept the first verdict.
The jury retired for a few moments, and
then announced that they had found .he
defendant guilty on the second and twelfth
counts.
The second count referred to the return
of General Sulivdn's troops, as did the
referred to the roll of artificers, the Cort-
land commission and the Williams letter,
the papers found to have been in McEl-
homes possession. The penalty remains
the same, however, and the court may inn
pose fine, making the amount any sum
not exceeding 5000, or he may both fine
and inprison McElhone, or only imprison
him.
If he is sentenced to Imprisonment, how
ever, he must go to the penitentiary. The
impression of those who have followed the
case is that if Judge Bradley denies the
motion for a trial, and IL is generally be-
lieved he will, McElhone will be sentenced
to pay only fine. 1t is also generally be-
lieved that in Turner's case sentence will
be suspended during his good behavior.