The New York herald., 1874-07-22
THE RODDY-SHCTWELL CASE.
Summing Up OF Counsel and the Charge
to the Jury-Verdict Not Guilty.

Summing Up OF Counsel and the Charge
to the Jury-Verdict Not Guilty.
The trial OF Carl0tta Shotwell. alias Roddy, which
has occupied the atren ton Of the General Sessions
for the last few days, came to conclusion ycster-
day. From the opening OF the court until late
hour last evening the room was filed to repletion
by the friends OF the parties as.well as by those
who were attracted thither by the social standing
OF the complainant and the accused and the Pc
culiar relations they sustained each other. Mr..
Fullerton called
Max Friedman, broker. who testified that he
met Miss ShOtweu IN the latter part OF 1871 and
knew General ROddy six months before that the
witness had business transaction with Miss Shot
well; she wished to commence a prosecution
against Brookes and some other man arrested for
stealing bonds rom her; she said that General
Roddy owed her large amount Of money, and
that If he did not come up to settlement she
would disgrace him and his wife and children; she
said she would communicate with them: she told
the witness that he had very interesting family;
the witness had an nJunction against a company Of
which General Roddy was President where ne wit
messy was large owner OF stock; he lFriedman)
purchased the stock OF Miss ShOtwen she agreeing
to assist him IN recovering the value OF the stock,
which she thought was very high; the witness
declined to purchase the stock Miss ShOtwell told
suit against ROddy in response to telegram the
witness visited fer at a mousse in Twenty fourth
street, and she showed him q bundle OF papers,
among them the bond in question; she told him
that she got it out Of General Roddy's room, and
that be was then IN Washington; Fried
man advised her to take the pa
pers back again; q great many times she
complained that General Roddy had been treating
her very badly; she also SAID that General Roddy
had purchased that bond once from her, or made
an arrangement to purchase 1t; it was in law
yer's possession; General Roddy did not pay her
the money. and she took the bond back; she said
that If General Roddy did not pay her the money
he owed her she would "fx' him, meaning that
she would disgrace hts family.
Cross-examlned-I di not offer her 81, 0cO If she
would consent to q dismissal OF the charge OF rob.
berry which she preferred against BrooSes and
Everett; IN q conversation with her she admitted
that BrOokes was not guilty of the offence: Miss
! Shotweli told me she wanted to 60 to Europe to
get her money from General ROddy. and volun-
teered to assist her with money for that purpose;
] did not threaten Miss Snotwe that unless she
consented to dismiss the proceeding against
BroOkes and Everett would have her put in
the Tombs; loaned her several hundred dollars
without asking any interest, which she still owes
me.
Mr.. Fullerton asked permission to put in evil
dence portion of letter which the defendant
she addressed him as 'Dear STR"
His Honor said that the prosecuting attorney
sci for the prisoner could read the whole OF the
letter.
Mr.. Sullivan offered in evidence an indictment
found against George N. Everett and Frank W.
! Brookes fled January g. 1873, an indictment filed
June 5, 1874, against Fanny A. Shotwell, alias Car
lotta +. snotwell, on the complaint OF General
Roddy, for perjury In falsely swearing that she was
ms ms vile, and also commitment GATED June 8,
1874, charging Carlotta Shotwe with an attempt
General
held in default Of $1,000 Dali.
These indictments were placed in evidence to
show that there was a conspiracy to make strenu-
Gus efforts to imprlson the accused.
dict Mr.. Fredman's testimony. She said that Mr.
Friedman called upon her and urged her to with
draw the prosecution against Brookes and Everett,
and threatened that II she did not do so they
| would put her In the Tombs, which she defed
them to do
The Court limited the Counsel to half an hour
each IN summing up
the case lor his client. He said tnat in response
| q request made by an honored and old New
unfortunate prisoner, who being hunted down
by band OF consplrators. In severe terms he de-
on go ueoT and asa ad as s
II the District Attorney, and not paid counsel,
were conducting 1t 1t would not have proceeded
thus far He commented rapidly upon the testi-
mony OF the complainant about the loss OF the
opera glass and seven sOverelgns, which was only
subteriuge resorted to for the purpose OF lmmur-
ing her in a dungeon ana shielding Brookes and
Everett. the parties VINO were prosecuting this
charge OF larceny. Counsel maze the most of his
brief time, and succeeded, as the result showed, in
impressing his own views of the prosecutors and
the prosecuted on the minds OF the jury.
Judge Fullerton, IN opening his argument and
In alludng to the pathetic remarks OF counsel, in
| quired where was the mother OF the prisoner
Mr.. Suvan--She Is sick in bed.
! Mr.. Fulerton-Where are her brothers and Sis
ters9
Mr.. suivan-rwo of them are over there point
| ing to the enclosure for privileged spectatOrs).
Mr. Fullerton urged with great vehemence that
fha don pta rlu a fhA nTfQ
oner guilty OF larceny. He resented the ale
CATION thar the prosecution was instituted to dis.
proceedings and told the jury that he would be
satisfied with verdict OF petit larceny and to
nave the Court suspend sentence.
d. Judge Sutherland delivered q lengthy and able
the testimony bearing upon the alienation. His
Honor sad that he admitted the evidence re-
specung the relations which General Roddy sus-
talned 10 the accused to throw light upon the
vital question which they were to determine, and
that was the intent which the prisoner had when
was technically the wife OF the complainant at tue
tim sme she go. possession Of the property she was
into consideration. The jury retired at q quarter
to two O'Clock.
THE VERDICT.
AFTER an absence oftwo hours the jury came into
court and looked 80 grave that II was conjectured
hastily surmising that they mad compromised on
verdlct OF peut larceny. The foreman. however,
responded TO the inquiry OF the Clerk as to whether
the prisoner was guilty not of the crime of grand
larceny by saying, Not guilty. Hardly had the
words escaped his lips when an outburst or ap-
plause followed, literally shaking the court room
and which 1t was Impossible to suppress.
MOTION TO RECoMMIT
AS soon as silence was restored Assistant District
Attorney Lyons moved that Miss Shotweil be com
mitted upon the Indictment for perjury.
Mr.. sullivan said he was ready to 90 TO trial i'm
mediately, and demanded investigation at
once, or else that she be allowed to 60 upon her
own recognlZance.
After considerable discussion Judge Sutherland
decided TO take $l,0oo bail for her appearance, and
would become her bail. This erudite opinion OF
the Judge elicited uproarious laughter. AS Miss
Shotwel had no friend present TO become her
bondsrnan sue was renamed to the TOmbs; but as
the amount is small 1t is pretty certain that she
will succeed IN procuring the required ball. and
thus secure her liberation from prison. she as
heartily congratulated upon her acquittal BY two
three female friends who were In attendance