Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-11-24
MOTION To ACQUIT
Attorneys for William Maggie File
Motion for Court to In.
struct the Jury
WHEN STATE RESTS CASE
Judge Renders Opinion Admitting Con.
LESSONS of Accused, and Holding
Influence Was Proper.

Cambridge, ILL.,, Nov. 24.-(SpecialD
Yesterday afternoon the state clos
ed the case against William Maggie for
| the robbery of Carl Brady in the night
while armed, and infiicting a wound
while in the process of robbing on
Island B, the night of June 8, 1905
Hardly had States Attorney Scott of
Rock Island and States Attorney
Sturtz of this city announced that
they had concluded the case for the
state. than H. A Weld for the defend
ant presented a written motion to the
court, that the court instruct the jury
o acquit Nagle. The motion set up
ed to show by the testimony offered
that the defendant had committed the
crime charged, or even that the crime
charged had been committed The argu-
ments were commenced. and contin-
ued until the adjournment of the court
The arguments on the motion were
continued during the entire day today,
and the court had not ruled on the
motion up to noon.
On the converting of court yesterday
afternoon, Judge Graves rendered 4
lengthy and careful opinion on the
points involved in the objections made
by Nagle's attorneys on the admission
of the evidence of E. E. Reynolds,
Coroner L. " Eckhart. and Roy A
Sears, as to statements Nagle was
claimed TO have made on the train on
which the party returned from Mus
catine to Rock Island the night of the
inquest at the island. Judge Graves
first took up the contention that the
statements in questions were merely
admissions. and not confessions, and
held that the statement. being an ad-
mission of a fact essentially a part of
the crime charged. constituted a con-
fession, rather than an admission, and
if made under improper influence
could not be admitted as evidence. He
held that since Maggie was said to have
stated that he took a certain amount
of money from Brady, he confessed Il
part of the facts involved in the crime
No Influence Exerted.
The court then took up the question
of influence. the attorneys for the de-
Tense having set up the claim that
Nagle's admissions were made as 4
result of the statement by Sheriff Stu
art of MuScatine that ''he had better
make a clean breast of it, He held
that as Maggie did not make a confess
sion then, nor until a time after he
had been carefully admonished by the
coroner and the states attorney that
anything he said would be used against
him, the sheriff's statements did not
affect the confessions or admissions
made. He declared that Deputy Sher-
iff e. E Reynolds did nothing improp-
er in making the statements to Nagle
in the search for Brady's body that
1.-The boys We're getting pretty sore,
and were likely to take the rope from
the boat and leave Maggie strung to a
limb of a tree" The court held that
Nagle's knowledge of the location of
the body did not involve confession. |
and that any means to secure his adj
mission of that nowledge-threats,I
promises. or deceit even-might be |
used properly.
Desire to Talk Natural.
Judge Graves reviewed the story of |
the search for the body carefully, and |
mentioned the fact that Maggie persist |
emily and consistently lied during that |
search. The judge referred to the fact |
that once evidence is being gathered |
Of a crime, those accused as a rule be- |
come very anxious TO tell facts of the |
crime. ut is a characteristic of the |
entire fraternity of criminals" said |
Judge Graves. He then spoke of the |
on the island. following |
The finding of the body, and said that |
o his mind Nagle's desire to tell of |
he affair was natural, and was the re-
suit of the discovery of evidences of |
he crime. of the remorse aroused by |
he sight of the remains of the victim |
Of the crime, and perhaps by desire
o make statements involving some |
)ne else and shifting the responsible
ty from himself.
Testimony is Admitted.
The court then allowed the jury to
near the evidence of the three wit
1esses as to the conversation on the
rain, and Nagles statements. This
was practically the only testimony for
he state to corroborate the testimony
If Josephine Collet. All three witness
IS stated that Nagle had declared in
answer to a question put by the of
icers, that he took S. and some
change, about $3.50 in ALL" Josephine
Collet was then recalled, and testified |
hat the money which Nagle exhibited |
l..
s5 bill and some silver. amounting in
all to $3.50. Objections were made
% all of this testimony by the attor-
leys for the defense, but these were
overruled in every instance by the