The times., 1897-05-01
THE M'ELH0hE VERDICT
Defendant Found Guilty on Two
Counts of the Indictment.
NOT GUILTY ON THE OTHERS
The Jury Convicted Him Of violat-
ing the Statute Covering the Fell
onious Taking OF Public Docn-
nents From Any Person Know.
ing 1t to Have Been Stolen.

The jury in the case of the United States
VS.. Philip McElhone yesterday returned a
| verdict OF not guilty on those counts of the
indictment which specify a stealing or
larceny, and on two out of the six counts
which cover violations of the special act
referring to the 1elonfous taking ana car
rying away OF public documentsirom some
! other person a verdict of guilty was rem
dered. The effect OF the verdict is to ac
quit McBlhone of stealing the manuscripts
fIom the Congressional al Library and to con-
vics him of taking three of them from some
person, with the presumption that he had
an opportunity to know that they were
| the property of the Government.
The jury returned the verdict at O'Clock
yesterday afternoon. His counsel inlme-
dately gave notice OF a motion for n new
trial, announcing that it would be flied with
| In four days.
Previous TO this a motion was made in
arrestof Judgment, which was combatted by
the district attorney as not a proper pro-
| cedure.
The question of admitting the defendant
| TO bail then came up. McEihone's counsel
wanted him released on the bond already
given, but District Attorney Davis Oh
| Jected. He said the penalty OF tie bond.
| $4,000, was not sufficient and hesuggested
that 1t be increased to $1,000. Besides. he
| said the stipulation of the bond, in view
| of the decision as to the Indictment untier
section 5,403 was defective, the bond was
! no longer valid.
MIR Shillington contended that the word
ing OF the bond afforded sufficient secur-
| ity. Justice Bradley, decided, however.
that he could not accept the bond in its
| present form. The penalty Of the bond
might remain at So 900, but IL would have
to be framed anew.
District Attorney Davis again objected
to the amount, and said there should be
other sureties.
1t was finally agreed that the attorneys
and sureties should call at the residence
OF Justice Bradley at o clock p. IN with
a bond prepared for his approval
At the appointed hour Mr.. McEihone, ac-
companied by his counsel, appeared before
Judge Bradley at his home and furnished
bond la the sum of $4,000 pending the
hearing OF argument for new trial: His
sureties are Messrs. Nicholas II Shea, or
No. 632 Pennsylvania avenue, and george
W. Cissel, of Georgetown.
District Attorney Henry E. Davis was
present, representing the Government.
Justice Bradley began bis charge To the
jury upon the close OF the district attor-
ney's argument, at 3;05 p. m. 1t was fin
ished in less than thirty minutes, and the
jury retired. At 4:45 the jury returned
to the court for further Instructions The
foreman stated that they did not fully
understand the instructions as TO the sec
ond and twelfth counts in the indict-
ment, and upon receiving the desired in
formation they again retired, to return
in fifteen minutes with the verdict.
The result was not altogether unantici-
pated, after the request of the jury for
further instructions.
McElhone betrayed no more excitement
upon hearing the result than he has ex-
hibited throughout the trial. He has from
the beginning kept close TO his counsel. and
frequently made them suggestions, indi-
eating his keen appreciation Of the situa-
ton.
The indictment under which McElhone
was convicted, charged him with taking
and carrying away from its place OF
deposit certain valuable manuscripts, the
property of the Government, with guilty
knowledge that they had been stolen. The
papers specially mentioned are the William
Williams letter; the roll of the regiment
of artificers, and the Cortland commission,
signed by John Hancock. All of the other
papers mentioned in the three indictments
were eliminated from the case by reason
of insufficient evidence as to some, and the
direct evidence of Turner, that McElhone
was not implicated in the theft Of others.
epenaltyis d fine not exceeding So, 600,
Imprisonment not to exceed ten years, or
fine and Imprisonment, in the discretion of
the court.
There were able arguments made on both
sides. The attorneys for the defense made
strong pleas for the acquittal of the ac-
cused, and took advantage of every point in
the evidence which could be turned In his
favor.
District Attorney Davis closed for the
Government In an exceedingly strong pre-
sentation of the Government case. One of
the har dest trials of his life, he said, was
as a Washingtonian, to appear in court
of Justice to prosecute the son of a Wash
ingtonian who had in his lifetime made
so honorable a record. His duty as prose-
cutor was inflexible, and he asked for con-
viction because he believed the evidence
supported such verdict. The defendants
letters to the New York dealers were read
by the district attorney, and dwelt upon
at len 9Th.
McElhone remained In the custody Of
the marshal until his bond was supplied.
He will remain on bail pending further
proceedings.
In charging the jury Justice Bradley
eliminated from the case counts three
and four, five and six, seven and eight,
and said the case should be considered
upon the remaining counts.
The justice said that If the jury found