The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-25

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reasonable doubt as 70 the guilt Of the accused you
to give him tho benefit Of that reasonable doubt
acqut him. Iuse that expression AZ II commends itscl
to your common sense, and you will distinguish 1t iron
fancu theory which can have warrant in reason
foundation in fact Crcumstanta evidence, repeat
in order 10 be sufficient TO convict man. must be per
feet in its chain as to exclude every other hypothesis but
that of guilt and the prisoner entitled every
able douo. INA. axs.s ~ the mind Of the Jury Gentle
mon, you all KNOW TO use homey phrase. that crcum
stances may lie SO may witnesses the stand but be-
circumstances may deceive because there may at
times DO such chain Of circumstances TO point out with
almost unerring certainty hegut Of tho man and It may
turn out afterwards that he Is innocent II does not
therefore, follow that circumstanta evidence ia to be
rejected because the witnesses the stand may
init perjury. Men, through means Of their perjury may
be consigned to feons CELL and afterwards appear to
be innocent but 1t does not follow that the testimony OF
all witnesses upon the stand may be rejected Men may
coniessand men have been known TO confess-the
mission of crime which afterwards turned out they did
not commit but 1t does not follow that they should be
rejected Tho true rule Is that evidence matter what
its character, whether crcumstanta whether positive
or direct. and what 10 only known as evidence based
upon confessionsthe true rule is that Is always 70 DO
carefully scrutnized by ures and upon the evd ence,
no matter what its character may b. their judgment 10
convinced Of the guilt OF the accused thor duty 20
find him guilty; il not, not And because tho books
| contain cases whore innocent men have been con-
| victed upon circumstances which seem novel,
| Juriee are not 70 allow men 70 60 unpunished
| where there is evidence that they guilty.
Upon the subject Of confessions shall hayo 70 say
hereafter. Now, gentemen In regard to tho facts Of
this have told you that do not propose 70 re-
view Thorn at any length. IL would secm to mo UNI
warranable consumption OF your time and the time Of
the COUNSEL who have discussed the evidence fairly and
do not believe II TO be my duty judge, believing
do that you understand the facts Of the case inter
fere with your province which is TO deal with facts,
to so at any very great length the details of the
facts OF this shall only hastily, briefly and
mariy call your attention TO the main in the order
in which they strike my mind It Is utterly impossible
that should have sat here during the trial without form
ing an opinion no man could do that But ! have
right to express my opinion to YOU and hope shall
by word or decd If do you are to disregard It., be-
cause In tho consideration of the fact whether this
man IS guilty or innocent, tho law has made you the
judges. You to determine that matt0r take the
responsibility and not to DO by any expression
OF opinion which may Inadvertently escape me- which
may be inferred In OF my remarks His Honor
then proceeded 10 In chronological order the
as developed the trial. reading from the HERALD
port Of the evidence 30 that unnecessary to recapu
late them He spoke Of the of tho murder tho cir
crmstances attending the of the murderer and
then proceeded to mention the facts going show
did the decd In regard TO the question OF identity the Re-
corder stated that true that terrible mistakes had
been ma by in this respect but the testimony
OF witness who states that that was the is
not entitled " any more credit than he who
swears that he verify thought that was the man.
If the jury believed il possible that this murder could
have been G. mmtted by Jelerds who arrived in Brook
lyn between fifteen and thirty minutes past twelve
O'Clock the next question which they would have to
slider would DO tho motive fer the commission of the
offence. II evident that tho who killed Walton
had no intention of robbing him. Was 1t revenge either
OF one IS wrongs the wrongs Of somebody else ?
person hired to do ii. His Honor audcd this conec.
ton, to the threats which Jeierds made to Mr. Walton
in February 1899 and said that these threats made at
period from the time the murder would have
no force If it did not appear subsequently, that facts
had aroused his Indignation in reference to
the provecaton which III treatment to himself or
probably reason If man when he found his
mother injured tn eatened kill the man who
injured her, would be moro likely if the injuries were
committed again to carry them into execution After
Jenerds made these threats no lived in the house with
Mr.. Walton but the difficulties between Mr.. and Mrs.
Walton afterwards renewed, and in the latter part
OF April she went TO board The jury would give the fact
that there was promise made to the prisoner Of 81 900
for committing the murder the weight they 1T Ac
Cording to the testimony OF tho mother she did see
him for week before thu MURDER but the Sunday
preceding the murder he in New York that must
have been the time she him. On the Both OF April
Jenerds bought pistol precisely like tho pistol produced
in court which found the yard tho morning
of the murder There dence to show that that
the pistol except the testimony OF Mrs Walton
that she saw pistol like 1t in Mr.. Watons house
somewhere before the separation The Court the
facts proved the Jelieds on the sunday
Brooklyn and East New York proceeded to speak
Of the confessions He had found case which
would countcnance for All instant the doctrine that
fsssion made when drunk not entitled TO
be received in evidence and where voluntarily
whether sober drunk made confession pers N
iesson was ehs4 70 pe received in evidence AMI tho
only question To- tho jury was the ground Of weight
to be given to il, and that was to be deter
mined by this state Of mind oil the party whom |
making it, Tho question for tho jury to determine was,
the con ssons which Jeerds made to Moore ruey
and upon that question whether they true or
false they would bear mind the other proof in the case
d: indicating the guilt innocence OF the prisoner In
conclusion Honor referred TO tho testimony adduced
respecting the character Of the accused and sdI have
no desire comment any further upon either OF these
persons (Jerds aud Moorc) The case is full enough Of
Id and sckening details, Of moral hileous delofnts
to be repeated any more, and, gentlemen. in closing
7 I'm only say that ] suppose neither you nor I
viii evrr upln the anniversary OF Christmas
eve n Close Me,c W. have now been eng engaged.
Involves as You all know, great interests. You have
on yonr part great aud solemn duties to perform we
ts, kn,r Ixo Att
no, here by choice at nus noar o. the night on thus
would draw elsewhere but have felt it was my duty
bele Christmas day broke upon u5 ~ submit this case
yoa do now, desiring you to retire ~ your room,
and all fairness, candor and impartiality 70 consider
this case If you believe the prisoner 10 be guilty to
pronounce him so, and II you do not to
acquit him.
VERDICT
The Jury retired their In charge OF officers al
ten minutes past nine and entered the court at
twenty five minutes to elev and answered to thoir
namcs when the Clerk put the following questions 70
them:- ss
Cerk-IIavo you agreed upon verdict, gentlemen Of
the jury.
Clsrk--lease TO rise, gentlemen Jurors, look
upon the prisoner; prisoner, lcok upon tho jurors.
How say YOU 90 vow fnd Charles NJ JesTrds the prisoner
III tho bar, guilty or not guiityS
Eorvmxn--Guilty.
Clerk-OF what, gentlcmenS
Fpremaii--Murder in tho lrst degree.
Charles Jenerds in u clear, firm voice, said-You have
convicted An innocent man, gentlemen.
Cerk-Gentlemen Of the jury hcarken to your verdict
as It stancs recorded. You An hares jeGerds guilty
OF murder In tho rs dcgroo whereof he stands indicted
and so you say all.
The Kecorder-Let the prisoner be remandcd
The Jurors wero thcu discharged. Mrs. Walton nor
Charles did make any visible demonstrations al the
rendition Of the verdict but the most casual observer
could not fail have perceived that sho as labomg un
der intense mental anguish, so much so that when she
pass cd out of the court room she staggered Charles
seemed On the contrary to take The f-arTui result ~
pleasantly he had been pronounced innocent OI tho
atrocious double murder, and lighted sesAr with
as much nUachaiancc as no were gong
out ON pleasure party, instead on being CON
yeyed to the place that Is appropriately designated
the Tombs and from thence in all probability ~ be con-
signed to tho galows orese to BIO mmured within tho
walls of the state prison TO "lving death" ilk
mother imp kiss upon his check as she was cav
ing the temple Of justice where THIS solemn drama had
been rrforn.cd and in which she played so important
part 1t may be improper TO state that there mover
has been a criminal trial in this city tint has besn
acted TIA much more propriety aa despatch, COO
sdering the circumstances attending IL, than TINS must
interesting case. No time wasted by counsel III IN.
terposg nicl and frivolous objections no remarks
OF q personal character we're made ny the opposing
counsel Is often the in lengthy criisni IN
vestigations; but Whenever questions o w y ~ pre-
scented they were passed upon by the i5cofder wl,s
marked ciearcss and legal sanction, and winch has bes
admiration of all who have Witnessed tho digni!ied
and aiablc department. of the prcsiirg Judge
News from Albany.
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