The New York herald., 1874-11-28
THE Collins CASE.


How . Man Was Pronounced InnOcent-
On the Jury-A Strange Verdict I'm
Face OF the Testimony.
Mr. Timothy 8. Holton, who was foreman OF the
Jury before which August Major was tried Tor COM
mitting q relonious assault on the person OF the
young woman known as Eliza Collins, lives at No.
SO West Thirty -nrst street. he was visited yes
terday at hts residence by representative OF the
HERALD In reference to the case and said:-
when we left the Court at the close OF
the trial and went to the Jury room l asked the
gentlemen on the jury whether they wished to
discuss the matter little nrst or whether we
should take a ballot. They decided to take .
ballot at once, and proceeded to do SO. found
the jury was eight to acquit Major and four to ma
him guilty. These four were Mr.. Norcross, Mr.
Paddock, Mr.. Healy and myself. We then talked
the subject over, and after some time took another
vote. On the second ballot we stood 10 TO 2, Mr..
Paddock and being the two. We then, Mr.. Pad.
dock and myself discussed the matter together,
and said to him, there are ten against us, and
these ten minds are certainly less likely to err
than we are, and though feel nrm enough In
myself and conscientiously right in the position
hold, l am inclined TO yield, as there are
amount to doubt He was pretty
nearly In the same situation as myself and after
time we grew to consider the others well entitled
to q concession from us, as many Of them seemed
TO have arrived at q direct conclusion almost i'm
mediately. Mind you. this would have had no in
nuence over me Ii there had not been some doubt
in my mind. There was that doubt, and we were
charged where there was doubt, to give the ben
eft OF 1t to the prisoner. had watcned and
weighed the evidence carefully. and before leaving
the Court asked the Judge for the exact words
or DR.. Day as TO the
CONDITION OF THE GIRL
before and after the assault ana the answers Of
the accused TO the questions put him about tnat
part OF the evidence also. l intended to take
these into the jury room with me, in case any OF
the jurors wanted to refer 10 them the Judge did
not consider them necessary and explained the
point to US before leaving. The doubts In my mind
o epor or the sI ose
about the offensive famiiiarities Of the ..Major''
until after sne had left the Island He had been
proaches offensive TO her and she had not re-
ported him. he confirmed her testimony as to
these approaches, but said they were allowed and
courted. You see II these had been going on dur
ing the fve days she was W N the hospital and she
thought .Se0A So The ' evidence " Of the sAS woman
sne told SO much too much; ana there was
eeag 10 the jSry she dld not resist all sse could.
minded no * 81 he rrs ona ness @ re-
diton. She certainly looked weak and Iii during
the trial; but an impression crept in somehow
from the evidence that she liked the man. There
was feeling, too, among the jury that they were
charged Tor acquittai, though took the charge to
think Judge Barrett was as much astonished as
was at the verdict. and l assure you l was
be called INCONSISTENT and wavering and a number
of other things, but don't care for that. be-
Was o ts @ SO a. 81
jury that he Was not. l believe so still, and am
convinced of the woman's truth and innocence.
am not public censor, and 1t Is not my place to
say what think OF how the girl's case was con-
Quoted, but VIII say what | thought at the time
OF the trial, and that is that MIR. Lalmbeer must
have had very little to do when he could spend so
much OF his time around that court
AT the last ballot IN the Jury room, after the
Judge had sent up word that he woud wait but
ten minutes Tor u.s. asked for show OF hands
all had put their hands up, though one OF the
jurors says now he did not; at ali events 1t was un
desirious Of going into court with verdict ne
cause the greater part OF the jury had been on
reason We were anxious to come to an under
Mr. Patrick Healy OF No. III Monroe street. was
another OF the members OF the jury called on. He
said:-"l was not satisfied with that verdict sir,
and did not agree to 1t. saw as plain as day
were talking over the testimony IN the jury room
word was sent that the Judge would only wait
to be locked up all night I'll suppose that ls what
they would have done with us-besan to hurry
an asd all held up tne nanas ens ms
! persisten.ly put mine into my pocket so tnat
there should be no mistake about II, but that did
not avail me as the thing turned out. We were
led into the Court. All were asked II they agreed
to the verdict. Some SAID yes ana others said
nothing. held down my head and refused to
agree to 1t, but they did not understand me, 1t
seems. l was entirely mistaken In the verdict
brought. expected to hear Mr.. HOltOn tell them
we could not agree, as was done in the other
case, but he told them we had agreed, and
acquitted the man. was completely dumb
founded ! did not know. what to do;
In my heart the man was guilty, and the evi.
dence proved 1t; but was AFRAID TO speak, for
dreaded II said anything at that moment would
be committing q ulsrespeCt to the Court, and
would not do any thing or that kind. thought OF
speaking to the Judge about IT. know he be-
leves the man guilty, and SO does Mr.. Paddock
but put 1t of from day to day. My friends kept
keeping me back, and SO let 1t go on. NY con-
science was not easy, and l determined to settle
HERALD, and that brought up the whole thing.
had not read line oil 1t before l knew what it
contained, and the thought rushed through my
mind tnat the man was acquitted, although guilty,
and the girl sent away with an awful stain
upon her she did not merit. The Judge told US II
We sent him away we threw guilt on her, and
that was what was done; yet she was innocent
and pure. Dr. Day said so; said strongly, and
gave US all the reasons He Is gentleman, and told
the truth directly; Dut yet IN spite OF all that,
guilty man shipped through the fingers Of men
SPORTING NOTES
The waroe, fonr oared sher waa won nv Mr