Not Guilty

After three years of delay the celebrated McKinstry case has ai last been disposed of and after the jury had been out for flYe hours they brought in a verdict of "not guilty" of the charge of embezzlement. The ex-city clerk is how free from all proaecutions. The feeling that the prosecution would be unable to secure a eonviction commenced at the outset of the case, and most anybody who had watched the case from the standpoint of the city thought all the prosecution would obtain was a disagreement. On all sides were heartl praises for the masterly plea of Prosecuting Altorney Kirk, who spoke for an huur and -a half in elcsing the case and many, who heard him, say that it was the best effort in the brilliant young attorney's career. It is said that Mr. McKinstry remarked after Mr. Kirk hád flnished that the county prosecutoi made a very hard plea against him. The ex-city clerk must have had a very strong defense indeed to the charges, to be abje to secure an acquit tal in the face of Prosecuting Attorney Kirk's great effort. The jury stood eight to tour for acqutttal on the very flrst ballot. This was at 3:15 yesterday. The jurors 1 ibored with each other until flve minutes past 6 o'clock, when mother ballot was taken with the result of 11 for acquittaland one for conviction. JurenSchneider of Freedom being the one man who stood out. From that time until 8 o'clock there was n;i change in the vo{e, but shortly after another vote was taken and th. twelve men "good and true" agreed upon a verdict of "not guilty" and Mr. McKinstry was discharged. When the charge was flrst p.referred aginst Mr. McKinstry The Tii.ies took the position that if he was guilty he should be punished, and if he was innocent it wan doing him an lnjustice not to have him stand before ;he world ss cleared from all imputatiins as to hls honesty. It has been to Mr. McKinstry's personal detriment that the has been delayed as long as it has, and his conduct during the three years in repeatedly returning from Florida to face the charges was expensive, but at the s?me time it was most commendable.