The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-21
TRAIN TRAPPED.

George Francis Train-Tho insanity
Dodge Played Out-From the Tombs to
the Lunatfc Asylum-An Exciting
Scene I'm COurt-Train Turned TOpsy
Turvy with Rage-Georgc's Next Move.
On the opening day OF the trial before Judge
Davis, in the Court OF Oyer and Terminer of
George Francis Train, on the Indictment charging
him with the publication OF an obscene paper
designated as the Train Ligue it was evident from
IN observation made by the Judge that he stood on
ucklish ground. Should the jury convict him Of
the charge preferred against him and pronounce
him by such verdict sane he was sure to 60 to
State Prison. Should the jury, the other hand,
acquit him on the grouIid of insanity he was sure
to be sent to the Lunatic Asylum. His ingenious
counsel-Messrs. william F. Howe and Clark
Bell-saw at glance the horns OF the dilemma,
and they sagaciousy put their wits to work to
escape both OF these unpalatable alternatives. 1t
was only to be accomplished by a sharp stragetic
manGuvre. So far the counsel were all right but
as the result proved they omitted in their calcu-
latons an important element in the case, Judge
Davis and thus gave forcibe Illustration OF the
old poetic aphorism-
The best laid plans o mice and men
Their idea was TO show by the medical expert
giving testimony for the prosecution before Judge
DAILY that Train was insane when he published the
Train Lsgtte, and thus having secured his acquit-
tai on this evidence produce the Judgment OF that
Court that he was now sane to prove his present
sanity. Judge Davis, however, as win be seen by
the report given below OF the proceedings In Court
yesterday, did not allow them TO carry out their In
tended programme, but most summarily, though
no doubt in strictly judicial manner, nipped 1t in
the bud
MOVING A VERDICT OF NOT GUILTY.
Immediately ON the opening OF the Court. at
which time, as heretofore. the court room was
crowded to Its fullest capacity, Mr.. Howe, who,
'tor this occasion only supported in the left la
pei OF hs coat a bouquet OF more formidable dimen-
sions than anything IN the floral line ever arranged
by the gorgeous Train himself moved, with quiet
gravity, that the Court order verdict OF not
guilty He claimed that the statute chapter TAT OF
the Laws OF 1872, under which Train is indicted, is
unconstitutional and that it s in derogation OF the
common law and should be not only carefully scru-
tinized, but literally construed. He urged that by
constituting IL literally the owners OF almost every
private library in the country as well as connois-
seurs in the fine arts, could be indicted.
Judge Davis denied the motion, holding the
statute TO be constitutional.
OPENING FOR THE Defence.
Defeated In this preliminary motion, Mr.: Howe
was by no manner OF means discounted. He pro-
ceeded to open the for the defence, and most
curious as well as adroit defence IL was He began
by explaining the nature OF the indictment, and
then descanted on the motives OF Mr.. Comstock
the leading witness for the prosecution. Next he
launched on into discussion OF the variety in re-
NgiOus faiths, and how every man was to be re-
spected for his religious belief, including Mr.. Train
VINO held tenets peculiarly his own. He read ex.
extracts from the Bible and compared them with
Elegant Extracts from the Holy Blbleu book
published In Boston. He was about reading some
quotations from shakespeare
Shakespeare is not on trial" interrupted Judge
"But may not read extracts from his works ~
persisted Mr.. Howe.
mo, air. answered the innexible Judge.
Prom Fielding ~ &c.,
= Prom Smollett ~
'.bnt Twish to show that not only in the works
Of these authors but in all the accepted literature
OF the past and present time, there are Just as
obscene things as are attributed to Mr.. Train"
.Another's obscenity is no excuse for hls.n
FINDING himself curtailed in his Intended speech
though meanwhile excepting 20 the Jude's ruling,
MT. Howe narrowed his remarks down to enjoin-
inR upon the jury to remember that they were
american clsizens and urgng in conclusion that
Byron shelley another Shakespeare, and so on
through the long catalogue OF those who have
lnade LOT themselves names famous In the world Of
letters.
TESTIMONY FOR THE DEFENCE.
Very short work was made OF this. The only wit
ness called was DIR. Thaddeus NJ. b. Cross, and his
evidence was brought to summary conclusion
specially, and how on the 18th OF last March, pur-
suant to the request Of the District Attorney, he
visited Mr.. Train at hts cell In the Tombs with
view to report his mental condition.
q. And you reported him insane A. Yes, sir.
q. You 80 testified before Judge DAILY A. Yes
Mr.. Lyons, Assistant District Attorney, said that
he would admit that Mr.. Train was insane AT that
time, and insisted that there was no necessity Of
calling witnesses on this point.
Mr. Bell insisted that upon this admission there
should be n0ue DrOSel7U entered at once,
Judge Davis-I can't allow that And then, turn
ing to the Witness he asked, 'Do you consider hin
Il do," answered the Doctor
A SUDDEN CLIMAX
Mr., Bell-Then the Court should order verdict
OF mot guilty.
Mr. Lyons-That will be satisfactory TO me.
Judge Davis--lf the defence comedies his insanity
u will direct the Jury to acquit
4 DefeDce--We do.
Judge Davis-Gentlemen Of the jury, yon will &C
unit the prisoner on the ground OF insanity, Dbd
0pQ your verdict that express ground
~ a w 4 a 2 lEaLN nLNui The form d