The sun., 1873-05-20
TRAINS TRIAL IN EARNEST.
TIsfONS or THE PENITTNTTfRY
LOOMING IN THE FCITRE
Judge Davis Preceding over Auvthiuq hut n
Farce \ Peculiarly Constituted Jur,
Probably Innoccnt Nnu sentenced u Ten
Years in Statc Prison.

Years in statc Prison.
When Justice Noah Davis took his >,ot
In the Over and Tcrmincr yc4tcrdov morning
and glanced at George Francis rrain and tron at
tho spect ators. he seemed to say. :" me- m hrsi-
ness" Mr.. Train sat beside his counsel Nr.srs
Clark Iicl and J. Parker Jordan. lie WINS aitirca
In dark clothing, and for the first time during
his trial wore no flowers In biz lappcl. He was
grave and reserved. one Of hls lady admirers
sat near hir., and many OF his friends spoke TO
him and hoped that he might he victorious,
sheriff Brennan sat on a table to the left ~ tho
Judges bench The wife OF Edward Kcrrl IN,
the prisoner VINO had been convicted uf man.
slaughter In the first degree. and four ot his
women relatives, sat ia one corner ~ the room
and awaited his sentencing. Jud - u via nodded
TO Assistant District ATTORNEY Lyon, who called
Morris Ellinger, OF 20 West Foity-dinth street
Mr. Ell niger wAs found conn etcnt to serve AZ
Juror IN the case OF Mr. Train, and he took tha
seventh scat Charea s. de forreet had n do.
cided opinion, and had expressed 1t. lie
eN.aped the eighth chair. Isaac IL Sona, dyer,
followed him from the room, hut John u Sonn
was captured, found competent. and seated.
William Heller of ~ Second avenue, dry
goods merchant. aud member Of the consrcga.
tion of the Temple T. manuel. was givcn the ninth
chair. Lewis q IIlldebrlnd thanked his stars
that he was excused from serving. and Tho mas
was sick. He was excused until he recovered.
Alexander II. stevens did not answer to his
Notwithstanding Mr.. Bclrs endeavors To- have
Sigismund Alexander IN the tenth chair, the
dered him to stand aside. Ernest Mulbnh was
sttisned that he could render az In portal v"r-
understanding, and Mr.. Mulbach WAS excused.
william Wiedoles was the lucky man; lIr lost
George Hay seemed willing to vi in the next
chair, but Angus l.. Freeman carried on the
Of Wei ONE q. Hitchcock, AcXander II. 3le:
yen, John r ST, a. and two i', GthGrs; ,h; They did
sion would cost them &2JO each.
ToUCINU IN A JrUoU.
Thcn Thomas briggs. member of the Metho-
di' Episcopal churchw ne called. He was the last
uf The panel. and Judge Davis cemod deter.
mined that he should MI the v,cant chair: Mr..
bell exhausted his five challenges. and Judge
Davis said. hurriedlr, " Let MIN he swnrn." Mr.
BEL objected and c9ntended that be was en-;
titled TO thirty challenges. Judge Davis sad
that Mr.. Train was not charged With capita,
did not want Mr.. Briggs Mr. Bell sent for .hs
few moments there rummag NJ throu rh
the law books Judge Davis called out again.
and f Mr. @ Train S%or S"le Mr S ne tSS rcd T to eSG
and seemed bent on having Mr.. BRIGGS ordered
70 stand aside and asked for AZ sdJournYent
Judge Davis, and Mr.. Bell and hi. client resumed
their selta discounted. nd Mr.. lirirgs wH
sworn. Mr. bell took an exception to MS
Iionors ruling. Mr. Train convinced tina
judge Davis did mean business.
JUDGE D,vIs's MOST PAISrrL Duty.
Then Flward Kerrigan was called M for sen.
tence. His counsel thought that he h "a been
! unlustiy convicted. and asked to show hy per-
/ :, ns who had not been called on the trial that
h was not guilty of mtnslaughtor In III" fr.t
I a. gree. kcrripan was given n - NJ beside Mr.
/ fared roughly with the world His hushy. curry
| hair almost came IN contact with Nr. 1rttu,
/ grilzlv locks Mr. Trlin surveyed him camS
/ ior several moments. aud then resumed his
writing. kcrrican's eyes were hcdimncd with
te'rs. judge Davis permitted counrel g. rdI
three with cFaoe. They were satisfied that Kerr
EiS% Fiaa "H The G little FGE riri and md sdG'd iaai
2 he had always born" a Cnod t"pu1llon
Thomas Martin said hurriedlv tha, kerrip u
was an upright man and so VS. his wife. Cum.
womn. 1hs created alaush, and kerri ,an and
Mr. Train lined In. Judge Davis listened 10
the appeal Of counsel IN Kerr 'an,s behalf and
sid that he was not satisfied Of bis guilt IIo
did not wish to cast any repro1ch upon Kerr.
] gan, and spoke very kindly of him. II was m
unpleasant duty fjr hi II to perform. but he
/ would impose light sentence, and le I'VE II 10
| the counsel to lay the case before the Governor.
Kerrisan was sentenced TO Sing sing fo ten
little babe, went from the room, weeping h,t
terly. Everybody, said that k1rriGan would
surely be p"rloned, and he started for sing SIM
THE jury.
The Jury " hi'h comprise the following nainco
! gentlemen then lay back and listened % Mr.
/ Lyon: Isaac Musliner, ISraellte; EVELYN II.
French, C9ne,e5ati 'nalist; Alfred Redhch,
! church Charles u. Tenny, Unitarian; kalnIan
Lippe, Israelito Morris Elllnger, II.ra'li'c John
W
Is aAlite; william wederles Israelitc; Angus
J. Freeman, net church memocr. ana h.mas
iadie- To- retire. and the solitary won IN VIII al
| near Mr.. Train Withdrew. Mr. Lyon up'ed
thrty minutes IN tclliag the Jury II the eunrmiy
Of Mr. Trains offence in editing and putli.lina
the lIrdu LFue. Anthony Comst1Ck Va
called, G9mstock is Of medium he!gnt wsll
| and blue ewes. He was attired In dark olothlng.
wore a black neck tie and black rtud- In hi,
shirt bosom. He hts ministerial hehrinA
speaks deliberately and gestcu'ate, freely. nu
hi, S,cross-exnmnation he freQucnil( hit his p
and cast witherns glance at Nr Bel. Het.ld
! Of his visit to Mr.. Train Al the Metrol otan
Hotel on tie evening u Tho l,th of DcccmheI
subsequent movements rs to d tte and hour.
| Mr. Bcll objected o. all testimony bearing upon
| the accusation that was not sci forth with car-
tainity In the indictment. Comstpck said
q al Mr.. Train gave him copy of ths Totn
salesman with Cochran, Mclean & CO., but could
not give the fun name Of either of his employ
/ ~ years OF age. lie had been engaged fut oveI
] tura, had had between seventy aud Uizhty por-
! sons arrested, and had captured an"ut to rteeA
tons ~ "oscene books, papers, aud pictures.
| BEHIND THE sCENEs.
He had been upheld by the Young Mems
/ Christian Association Of this city, aid been
A committee known as the Yolu. Mems Ass i-
c,ation for the Suppression II o scene lAert-
ture had looked 10 him as he ote to do their
work He was aware that the inf .'Hier - l- cu-
] titled 10 ouc-inif 10 fine iulpur"1 h lw $1bl
but out of IuuTcc. or fifteen c. nNl Mons u" hIl
never used one cent Of Tie Iuohc, which had
! been given to him, but Away handed Il ,ter
% the orphan uyluius of this rity and lirou,l'n.
/ His memory failed han very often, dnd hc PEE
/ ftrfed to memoranda. Mr.. Ben object 4 tu-tlh
! course, hu' Judge Davis ~usf luoI the Wltl'-s,
/ when Mr., boil asked now IN Ich he received iuT
. being an n'prmrr or "a spy, the Witne-, iudI--
! nantlv replied that he was neither .lo -HiI 10
| held no Office under the rt'y COVE 'umHut or any
! other ohiCr, but did this work on his own re-
! sp1ns.hilty, asking no reward. Mr. Boil throw
| hot shot at the witness; bat fudge Davis lnior-
fcrrd, ara sad tlat II was honu"It lc fCr . NAN
! to endeuNor enforce the law against -.. grave .n
| offence as that with which tac prisoner "Aa
charged.
All TP WIN TlATN.
! There were several sharp spdts between u 81 e
| Davis and MI Boil, and each time ms j. Hiut
! sustained the witness, and declined tu prIIl
/ Mr., Bell to attempt to imI each his tcsiilu"N !
! show that he was not ho' ofahle in hi, action"
! MIR. Train requ 'sttd peTmlssi m t. quesu u ne
| witness, but Judge Davis would not grant thd
! request The spectators saw tlaf no tim" Ns
/ to he wasted, aud many said, IL all NJ "il
/ Train he II he convicted sure John -i'y
NiGhols,the coming dictators Photographic wy
| called. Very little testimony was ell i'i
nothing more, in fact. than that he wa an JS"ul