The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02
NOT GUILTY"

Last of she Jersey s.Lear', Case-The
Prosecution Flashes In the Pan and
Abandons It-A Grand Juror Debarred
from Giving Evidence-Grand Jury Room
Proceedings Held Inviolate-The Acquitted
AppInuded in C0urt-Baxter demanded for
Sentence.
1t was apparent from the outset of the Willetts-
Yates Baxter Whitehead conspiracy case that the
prosecution mad seemingly too strong q position
TO hold ground, and the remark In yesterdays
HERALD that Baxter's story was d1sbeleved
was proven correct by the disposition OF
the case ere the day closed. As on
the two preceding days the court room was crowded
with well-dressed audience, and the deepest IN
terest was manifested In the proceedings through
out AS viii be seen by the proceedings an effort
was made by the prosecution to prove the conspir.
acy by means Of letters which had been used by
the Grand Jury which found the Indictment In the
case. This failed, ana abandonment fol.
lowed
BAxTER's STORY CONTINUED
The prisoner Baxter being again placed on the
witness stand proceeded with his cross-examina-
ton, In the of which he said that In 1871
came from Bellevillc to New Brunswick with
Charles whitehead; received various sums OF money
while m Jail; had procured different food from jail
fare: never had said he would knock the old man In
the head IL he spoke to him (Baxter) like the other
men.
Mr.. Henry Gordon.
TIE EAR-TRUMPETER,
was next sworn. Witness had lived in Washington
village forty years; knew Willetts since August,
1885, and Mrs. Willet;s since her childhood; Mrs.
Wiletts was formerly Jane Devoe, the wife OF James
Devoe; Willetts lived in Brooklyn, at Wietts'
Opera House; witness also knew Yates. The bal
ance Of his testimony was unmportant, and related
principally to dates ana the handwriting Of Messrs.
Yates and Wllletts
Mrs. Rebecca Keschmutch and her sister, Mrs.
Catharine Skinner, were next sworn, and identified
the handwriting Of Mrs. willetts. She was their
THE STRAW WHICH BROKE THE CANCELS BACK.
Ex-Snerif Obadiah Clark, foreman Of the jury
which found the indictments against the accused.
Counsel for defenco objected TO the question,
Jury room. Tne Court permitted the question,
but before answering 1t the witness asked 1t was
right to disclose what occurred In the Grand Jury
room. Then followed an argument, pro and con,
BY the learned counsel, after which
that the witness could not be compelled to answer,
and 1t would not be right for Grand Juror to DIS
SSse allowed to retire and Dr. s. e. TSompso who
attended Mrs. Wlletts and old man whitehead about
the time Of the burning was sworn. HIS evidence
publish At two O'Clock the Court took recess,
and on reassembng the case was
ABANDONED By THE PROSECUTION.
Dr. Tnompson's cr0ss-examination resumed and
concluded ex-Chancellor Williamson, Prosecutor
Schenck's associate counsel, addressed the Court,
and said
MAY IT PLEASE THE CoURT-We offered this MORN
ing to prove what took place before the Grand Jury.
To this evidence the defence objected. The Court
sustained the objection, upon the ground that the
admission OF sucn evidence Is against public policy
During the recess the counsel for the State have
consulted as TO the course they ought 10 pursne In
discharge OF their duty IN the further prosecution OF
the case. They now feel bound to say that under
the ruling OF the Court the prosecution Is shut
out from the proof OF facts which, In the Judgment
OF counsel Is necessary to sustain this Indictment.
They believe 1t was upon facts which the ruling OF
the Court now excludes them from proving tnat In
dictment was found, and on which the prosecution
relied Tor conviction. There are other important
facts which the state prove, but all OF them fall
on the one point, which the facts that transpired
before the Grand Jury would establish and which
Is essential TO sustain this prosecution. Under
these circumstances we do not feel hat the time OF
the Court should be taken up In proving Facts which
amount TO nothing alter they are proved
This being virtual abandon ment OF the case, the
Court took counsel, and Judge Scudder, the pre-
jury 10 render a verdict OF acquittai. The jurors
held a brief consultation among themselves when
Clerk HolcomD called their names, and the foreman,
speaking for them, pronounced the defendants
NOT GUILTY.
The announcement OF the verdict was the signal for
ioud burst OF applause on the part OF the exoner-
went with the well dressed. well bred
party anu against the repusive English Jimmy.n
Tue manifestation OF approval was promptly
out OF Court and The crowd too. they were fmme.
diately nonized and loaded with congratulations
The prisoner, Baxter, who had plead guilty on the
opening day OF the trial, was remanded to jail to
await sentence tomorrow. Messrs Ludlow a I,ud-
low were assigned to look after his interests There
Is much speculation as TO what can or will be done
with him.