believed McGehean guilty, and he would be one to assist in hanging him. There could have been any number of affidavits against others of the Jury, but this was sufficient for the purpose desired, and Judge McKemy very justly set the verdict aside, and granted McGehean another trial. This took place the December following.

In the impaneling of the Jury for this trial, it cropped out that a certain Mr. Thompson, the father of the prosecuting attorney, of Montgomery county, was interesting himself to some extent, in setting the minds of the Jurors against him. This person keeps a store in the country some distance from Dayton. A man from his neighbourhood being called as a Juror, said his mind was made up that McGehean was guilty. He was asked:

"Did you hear the former trial of this case?"

"No, sir."

"Have you read anything about the case in the newspapers ?"

"No, sir."

"From what then have you formed your opinion ?" "Mr. Thompson told me he was guilty."

"Did he tell you this after you were summoned as Juror ?"

"Yes, sir."

"Did he know that you were summoned ?"

"Yes, sir, I told him I was."

a

The Court excused him.

This circumstance opened the eyes of the attorneys for the defence, and it was ascertained that there were more of Thompson's customers on the Jury, and their names had been handed to the sheriff by him, stating that they were fair men and would make impartial Jurors, as they had not read or heard anything of the case. The old gentleman's motive, most likely, was to assist his son in obtaining a verdict of guilty, and by this means establishing his reputation as a criminal lawyer. At the time this rusc was discovered, McGehean had fourteen peremptory challenges left him, and they were vigorously used to rid the Jury of every man whom he knew lived near Thompson's store. In justice, however, to the prosecuting attorney, it is proper to state that we do not think he had any knowledge of this affair, previous to the trial. On McGelean's former trial this gentleman made an elaborate address to the Jury against him, and now had prepared himself to even eclipse his former effort, but unfortunately for Mr. Thompson, at the close of the testimony he was taken down with the small-pox, and was not able to appear in the court-room during the summig up of the evidence.

The attorneys for the defence used all in their power to obtain a Jury of intelligent men who were free from prejudice, irrespective of political party, knowing that

this was all that was required to make the acquittal to their client sure. In this they succeeded, as all who know the jurymen will admit. The following are their

names:

Andrew Kuster, William Trumbo, Robert Sloan, Abraham Barr, Henry Gamber, William Beechler, Frank List, Amos G. Smith, Benjamin Reed, Reuben Gebhart, John S. Miller, John Eby.

Seven of the above-mentioned men were republicans, and the remaining five were democrats.

This Jury, after an hour's deliberation, without a dissenting vote, returned a verdict of "

NOT GUILTY," for McGehean, which was received with applause from the crowded court-room.

CHAPTER XXXVII

JUDGE POPE'S CHARGE TO THE JURY.

PE will now give the reader Judge Pope's

W Charge to the Jury at the trial at Lebanon.

Judge McKema's Charge at Dayton being substantially the same.

THE CHARGE TO THE JURY.

"GENTLEMEN OF THE JURY:-The statute as far as it relates to the present case, under which the defendant is on trial, is in these words:

"That if any person shall purposely, of deliberate and premeditated malice kill another, every such person shall be deemed guilty of murder in the first degree, and upon conviction thereof shall suffer death.'

"There are several counts in the indictment to which it is necessary to call your attention. These in full you will have when you retire, and it will be proper for you to examine them to ascertain precisely what the charges are against the defendant.

"The first, charges in substance that Thomas McGehean, John, alias Jackson Garver, Daniel McGlynn, James McGehean and Wilkins Sheely, alias Ich. Sheely, on the

24th of December, 1870, with force and arms, at Butler county, Ohio, in and upon the body of one Thomas S. Myers, then and there being unlawfully, purposely, and of premeditated malice, did make an assault with intent the said Thomas S. Myers, unlawfully, purposely and of deliberate and premeditated malice, to kill and murder, and that each had certain pistols loaded and charged with gunpowder and leaden bullets, which in their right hands they severally had and held, and then and there unlawfully, purposely, and of deliberate and premeditated malice, and with the intent aforesaid, did discharge and shoot at, against and upon the said Thomas S. Myers, and that they, with leaden bullets aforesaid, by force of the gunpowder aforesaid, discharged and shot out of the pistols aforesaid, then and there unlawfully, purposely, and of deliberate and premeditated malice, and with the intent aforesaid, did strike, puncture and wound the said Thomas S. Myers, in and upon the right side of the body of the said Thomas S. Myers, at a point one inch and one-half of an inch below the lower border of the cartilages, of the true ribs of the said Thomas S. Myers, and that they thereby unlawfully, purposely, and of deliberate and premeditated malice, and with the intent aforesaid, did give to said Thomas S. Myers one mortal wound of the lenght of one-third of an inch, and of the depth of fourteen inches, of which