New-York tribune., 1874-12-14
CROKER'S TRIAL FRUlTLESS.
THE JURY DISAGREE AND ARE DISCHARGED.
s1oelSo Testimony FOE THE PRosECUr1oS-Ap-

BARRETI-THE JURY EVENLY DIVIDED.
After n great expenditure of time labor and
money the trai OF Richard Croker for the murder OF
ns.Renna on election day has resulted IN deadlock In
.n ,urv room ak Jurors 1t Is said finding Croker inno
rent ana insisting upon acquiita and the other six
finding verdict OF guilty, with willingness to com
promise granddaughter. which was refused py tine
Others. When the Court met at the usual heur Oh
Saturday morning there were probably very few VINO
thought that the case would be closed that aay'
hut It was rumored that the DistrctAttorney
had withdrawn part OF his case. n
TRIBUNE reporter in o subsequent conversation
with Mr. Phelps was told emphaticaly. NO. l
have not withdrawn any OF the case but nave aoan
doned any idea Of treating Croker as an accessory an"
believe him guilty murder. shall either try 10 prove
him 10 he the principal nothing" This excluded
rood deal OF testimony, not only on the Side OF tne
people, but part o: the defense the counsel Tor
which prepared 1t is said, an immense mass OF EVIL
ence tending show that there were organized gangs
in Oriens retnue going around TO the several polng
places with the design OF creating disturbances ana
aiding the OBien Ticket and that IL one OF these
that was present at the scene OF the MURDER ana
through whose violence or the ef'cts oil IT, MchehDa
met his death. The announcement. therefore, at IL
O'Clock that the defense rested, was least
TO the spectators.
The evidence put in after the court convened that
of lawrence O'Brien Of No. 30l East Thirty -rstsa
pfaserer, Thomas Lllly Richard L. johnson and John
Feeny, bat it mafuly Of cumulative nature, and
showing that Croker had pistol In his
hands when the shots fred. consultation be-
tween Mr. Clinton and his associates followed this test
nony and the evidence abruptly terminated by the
formers that one part OF the case had
now become unmportant, the defense would rest. Tao
DisictAorney having re5uttiag testimony to Offer
recess taken until p. IN.
At that hour Mr.. Clinton began his summing up for
Croker. with great minueness and care over the
evidence in a speech OF about two hours making his
main argument. of the claim that Croker had
pistol IN his hands when the shot was fired, but was
engaged repelng the assault Of OBrien at the time
After going the testimony Of the various witnesses
for aud against the prisoner he contended that even
the testimony for the prusecutop, rightly construed
proved that Coroner Croker did not fire the fatal shot
by which John MeKenna fell oato some % witnesses,
only one-James OBrien--swOre that he fired 1t. aud
that the of ali others most likely To be con-
fused and uBobservan. No proved that Croker is
daslarl who would turn from the weidrected blows OF
his assailaut and cOoily shoot down man whom he
never before-Deyer heard OF.
1t was 10 minutes OF when Mt Phelps began his sum
for the prosecution In reply TO the abuse OF the
fiends Of OBren Mr.. Paelps asked who was II toat set
with band Of men, staOning them here and there
tn the disirictf Who were there armed for bloody
deeds prepared to deal death and destruction to all who
opposed tnem With the exception OF tie prisoner
and his immediate friends. there was not par
siele Of evidence that any one was there armed ana
roadv bloody deeds. except the prisoner and his
The latter did not fire the fatal shot, were not IN
position to do it, McKenDa was q friend OF O'3rien,
rushing his aid and he fell IN his tracks. close beside
Croker or between him and oBrien. The first man
accused was Crok r. the first on whom the officer
LAID his hand was Croker.
TIE JUDGES CHARGE.
Promptly on tue conclusion OF Mr.. Paepss address
Judge Barrett gave his charge to the jury, vt;ch was
substantially as follows:
GENTLEMEN OF THE JURY: The first and most import
Whether the prisoner az The bar fired the fatal shot
when caused III, death Of john Mekenna: There are
that is the rsI and most important one, because ne
he du fire that shot, then there are considerations as to
the degree Of guilt, to which shall presently advert
ica tbat it was one OF those which 1t
dcsh to get at tue bottom OF them. to get at the
truth of them and where much might be stid with rel
to conflicting passions and Interests in my |
Judgment 1t is OF as much inporalee II not more 10
to.ve the pronien OF ga or innocence arising out OF
political brawI as other traeas or disturbance OF the
peace 1t is extraordinary disturbance OF the
peace. Ii is extraordinary from the fact thai 1t tepds
10 Only the general security bat the special Sc
pressing their wishes the polls 1t OF the utmost
ipporlanee IN community nat there there should not % Say
dom Tom corruption, and that there should DC special
Il Is an undoubted fact that the very origin of the
affair euIauaed from the prisoner himself; tnat Is he,
B,Ist aud Costello He threatened Borst substantially
hm to get of the district; told him II he
didh'I Ould the State Prison As far
the evidence concerned as lar us n ought 10 appear
10 the prisoner at the bar tney we're doing nothing un-
lawful; that is tue posture of events when OBrien
arrived. Borst SAYS that fearing disturbance, he
beekOued 10 OBrien ana OBrien came up. and from |
That point Oegins the cOnfc-a concs as TO whether
OBren struck Lrst; cOnct as To VINO nred the frst
sboi the second or third snot all after that is involved
conflict and in the embarrassment attending
ciiing scene win grea uunber of witnesses who were
themselves ex tied Tue other fact about which there
T. no doubt tnat the two Hiekeys and Sheridan were
armed and that al least QUE VI their pistols has been
I1ade away with after this occurrence or during 1t; De-
it is undou6ted fact IN the TESTIMONY that
three pistols, each Hickey aud Sheridan !
having one. and 1t is an undOu0ted fact that |
tso were taken away at Inc statiOn-hogse, one |
from George Hickey aud Que from Sheridan, |
30 that the pistol which Henry Hickey had was |
removed; aud II yOu believe the testmony,a witness
Sheridan fired thee Shots tDen his pistol
also made wt3, because the pistol finally DIS
covered had but one chamber empty; that is, The |
pistol taken from hun had but one chamber dis
charged; II not, tnen must have been tDat Que had
two pistols but IN any ohef instance put one OF tne
three pistols remoyed SO that you believe three
snOts red 10y Sne1dan tbenfwO pistols must have
made wln. Now ali tle rest, except the CIR
cumstances to which have called your attention, IS 10
cOnheI, and all the observation have to make about
that tn-yOu the hnal arbters III reference 10
credGiity Of tint witnesses IL does not follow that
the prepOnderance Of evidence depends upon the
titY of witnesses. Jury may beheVe the tesumOy OF
one witness against the testimony q dOZ5n prJyiied
the twelve witnesses had not testified q story |
snrroundiog circnnistances cannot he bciievsd You
judge of the witnesses by their appearance upon
stand their manner OF giving tner testimony tner
seeming irankuess otherwise tnelr securing ineili
Otherwise their seeming honesty or otherwise
IL the prisoner mad pistol al all that occasion he
ahsotIteiy entitled 10 acCuiita bsc
Gee shot without lf he mad pistol II does not
absolutely follow mat fired sho,; If he had
pistol concealed that would be a circumstance to
be weighed and you have tO ask yourselves he
question, whether II would DE likely II person bad
pistol, II ne discharged IL he would have made
awa5 with il. Now, gentlemen you come to the con-
eiusion that the prisoner at Ine bar pistol
C)d fire the ia al he IL eutted 10 acQuta nc
bands III you to the c0pcluelon That he dld
OF his Cu fee bound to say 10 You that under
circumstance is this case OF murder n the first de-
gree. There Is nothing whatever In the evidence TO |
iusfif as n dr.