Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1873-05-28

New YonK, May 2lst.-The
trial of George Francis Train on
the charge of issuing obscene publica
tions, was summarily concluded to-day
amid scene of unparalleled excite
ment. The prosecution rested yester.
day on the testimony Of Anthony j.
Comstock, and Nicholas, Trains photo
grapher. This morning Mr.. Howe,
of Trains counsel. moved that the
Court direct the jury to acquit, on the
ground that the statute is unconstitu-
tional. He held that if the act was
literally construed, every man having
IN his possession nude statuary, or the
works of Paine, Smollet and Pope was
liable to indictment. Justice Davis
denied the motion, saying that he had
not the least doubt but the law was
constitutional. Counsel then briefly
opened for the defense, relying mainly
on the statement that the matter pub
lished consisted of extracts from the
Bible. He then attempted to read
selections from the Romeo, but Judge
Davis stopped him, saying that Shakes.
peare was not on trial. Similar at
tempts to read from Smolet, Byron,
and Fielding, were treated in the like
peremtory manner. Exceptions hav-
ing been taken, Mr. Howe called DR..
Gross, one of the experts, who had
testified to Trains insanity on the in
QUESTION de lunatico. After a few
preliminary questions had been asked
him by Mr.. Bell, Assistant District
Attorney Lyons said, tnat having call
ed experts to testify that Mr.. Train
was insane, he could not now put in
testimony in rebuttal and was prepar-
ed to admit insanity at the time Of the
publication of the Train Llgue. Mr..
Bell claimed that, if the District At
torney believed that he should enter
a nolle prosequi. Judge Davies 1etort-
ed that he would not permit such
thing to be done. Mr.. Bell then de-
manded that the Court should direct a
verdict of not guilty. Mr.. Lyon said
that would be satisfactory to him.
Judge Davis thereupon directed the
jury to find verdict Of not guilty, On
the ground of insanity, which was done
Two of the jurors arising and saying
that such was not their verdict, Train
counsel demanded that the jury be
polled, but Judge Davis refused. In
an instant all was uproar. All the
parties interested sprung to their feet
and began talking at once, and gesti-
culatlng wildly, while spectators crowd
ed forward and made the room ring
with laughter. Order having been re-
stored, Assistant District Attorney
Lyon moved for Mr.. Trains commit
ment to the Lunatic Asylum. Mr..
Bell protested that there had been no
proof OF Mr.. Trains lunacy, either
past or present, and the Sherriff's
jury had held him now sane. Judge
Davis turning to DR.. Cress, said "Do
you still consider this man insane 2"
Yes sir; [ believe it chronic" "All
right, Mr.. Clerk" said the Judge,
=" make out the commitment. [ will
send the prisoner to the State Luna
tic Asylum" Then another universal
laugh filled the Court House. Train
grew pale andnervous. He stepped be.
fore the Judges seat. His eyes fash
ed fire and he shouted: II shall de-
mand your Honor's impeachment by
the people," (Laughter.) Justice
Davis-"Sit down, sir, [ want to hear
nothing from you" The jury was
then discharged and the room cleared.
Trains counsel hastened to Judge
Fancher and obtained writ of habeas
corpus returnable ON Thursday.