Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-21
Justice Wright's Decision in
Case Of B. T. McCau:lly.
SEN ENGE IMPOSED
COUNSEL ,,.,FoR,IF DEFENSE GIVE
NOTICE DEAN APPEAL.
Prosecution Growing Out Of Charges
Following Recent Trial in
Criminal Court.

Justice Wright. in Criminal Court No l.
today adjudged Benjamin +. McCaully 10
be guilty of contempt of court for attemps-
ing to influence a juror. Sentence or I'M
prsonment in the District jail for six
months was imposed. An appeal to the
Court Of Appeals was noted, and pending
the same Mr.. Mccautly was released on
bail in the sum of $500
When the McCaully contempt proceedings
were resumed today Attorney Woodward
submitted in writing the motion which was.
made verbally yesterday that Mr.. McCaully
be furnished by the prosecution with in
terrogatorieS to be answered. The motion
was overruled.
Attorney Birney then announced that he
and his associates were satisfied with the
position they had taken yesterday. which
was that the proceeding should not be
heard, for the reason that the affidavit upon
which the rule to show cause had been is
sued was based on hearsay; and further
that the offense, If committed at ALL oc-
CURED so far distanti from the presence of
the court that 1t was not amenable to the
summary action that had been inaugurated.
Mr.. McCaully should be proceeded against,
if at all, by indictment. Attorney Birncy
commended. - -
Justice Wright directed Mr.. NIcCaully to
plead to the charge. The plea was Not
guilty."
The Testimony Submitted.
Assistant United States Attorney Easily
Smith called BENJAMIN. F. Shaw of 118 Sd
street southeast as the first witness. Coun-
sci for Mr.. McCaully objected to the taking
of testimony. The objection was overruled
and an exception noted. Mr. Shaw testified
that he saw Mr.. McCaully in the latter's
office. 18th street near D street, the evening
of, November 20 last. Mr.. McCaully, the
witness said, remarked to him that man
was in trouble and that a railroad company
was going to down him. AT this point, the
witness said he explained to Mr.. McCaul-
ly that he was on the jury in Criminal
Court No. l. and therefore could not talk
about the matter and walked out of Mr..
McCauliy's office. @sfa >
mo cross-examination,j Mr. McCaully's
attorneys said. Sic55's's ~
Justice Wright Inquired of the witness if
the name of, the ease in connection with
which a railroad was going to down a man
had been mentioned to him by Mr.. McCaully
and the answer was in the negative
Miss Louisa rShaw,Isister Of Benjamin F.
Shaw, was the nexts witness. She stated
that MIR. McCauiyn called at the Shaw
home about 3 O'Clock the afternoon of No
vember 20 and asked for Mr.. Shaw. Mr..
McCaully explained to her that he wanted
to see Mr.. Shaw On particular business.
Mr.. Shaw was not then at home.
Mrs. Lucy Shaw, life, of Benjamin +.
Shaw. was also called to the witness stand.
Her testimony was that Mr.. McCaully call
ed at her residence to see Mr.. Shaw about
Mr. Shaw had left the house about ten
minutes prior to that.time3
A.Jurot ,Testihes. -.
Next to take the stand was Benjamin B.
Merriman, who wasaone Of the Jurors. in
the recent trial Of Samuel tfassenheimer.
Counsel for the fespondeDt objected to any
testimony regarding whattranspired in the
Gassenheimer trial. on, the ground that it
had nothing to do with the charge against
Mr.. Mccaully. The objection was overruled.
Mr.. Merriman stated that Mr. McCaully who
was one of the witnesses for the defense in
the Gassenheimer case. had asserted under
oath that he had not called at Mr. Shaw,si
house and had had no conversation with the
latter the evening of November 26
The original Indictment in the Gassen,
heimer case was offered in evidence by Mr..
Easby-Smith, and it was admitted that the
trial of Mr.. Gassenheimer, was started the
2Sth of November.
THAT concludes our evidence, Mr..
Easily Smith exclaimed.
Attorney Birney thereupon moved the dis
charge of Mr.. McCaully on the ground that
the government had failed to prove several
essential allegations. Not one word OF
evidence had been produced. Attorney Biz
ney commended to substantiate the asser-
ton that Mr.. McGauily had knowledge that
Mr. Shaw was a juror: The conversation
complained Of 1t was added, ceased just as
soon as Mr.. McCaplly learned from Mr..
Shaw's lips that the latter was juror.
1.-The motion is overruled," Justice Wright
announced.
The respondent then called, in the order
named, Messrs. Clarence F. Norment Amos
H. Jackson, William F. Downey. Frank X.
Raymond. John Fl. Gheen, Allison Nailor
and r. P Andrews to testify regarding Mr.
McCaully's reputation for truth, honesty
and integrity.