The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-13

TIE END or THE MYSTERIOUS MAR
RLaGE TRIAL IN CARMEL.
Lawyer winiams's Trump Card-Tryina TO
Take % Prisoner away from n Justice
Some Very Funny Letters-In JAN at Last.


Lawyer WiIiiamss Trump Card-Trying TO
Take % Prisoner away from ~ Justice
Some Very Funny Letters-In jail at Last.
The Knox Merritt trial was resumed in
| the Carmel Court House. before Justice Greg
| ory. yesterday morning. The storm OF mingled
| snow and rain did not prevent the country peo-
pie from turning out In full force. They trooped
up the narrow stairs by the dozen. stampingthe
snow from their cowhdc boots and talking and
laughing about the puzzling marriage. As they
| crowded into the narrow rows Of wooden seats.
ono could recognize the same faces that
| adorned the court room when. six weeks ago,
| the lawyers were striving to solve the same
| question, which was still unsettled. who mar
| ried Mary Knox II was generally understood
| that the counsel for the people were ready to
| rest their casc and that the defense would
| bring witnesses whose testimony would COM
pletely establish the fact that John Merritt was
| not the man who married Mary Knox. In fact
| there was widespread but lurking desire that
| II should be proved that Merritt was not the
man, because that would keep up the mystery
of the affair. Ever since Dominic Dean saw
the mysterious face fitting about the
back part of the court room. which face he de-
| clared to be more like that of the man whom he
married TO Mary Knox than the prisoners was,
people had been on the lookout for the owner OF
that face. The matter had been talked over
| around most Of the hnrroom stoves and country
| ircsldes in Putnam county, and notwthstnnd-
| ing the weight of the evidence against Merritt
there were many who thought that he was being
II was almost noon before the court opened.
The prisoner himself had not yet testified. his
| counsel having concluded not to put him on the
stand The prosecuting attorneys now deter
mined to call him themselves They did SO, but
his counsel Mr.. Williams. who said that he had
information that the plan OF the prosecutors
to to dnTmhac nqa ns n EsS 'ss and 'sR s6sn @
h% hn MSrrP nerG not TESTIFY STSs0aS ny
tendins % to ' crimnats himself This closed the
morning session. and the prosecutors scored i
down as victory for their side. arguing that i
was virtual admission that the prisoner dared
not take oath that he did not marry Mary Knox.
Both sides then declared that their testimony
was ali in. On the part OF the defence there
was only the assertion Of Dominic Dean twho
had a, first conlessedly wayered IN his opinionl.
married. although he resembled him IN some re-
spects; On the other side were Msrritts love lct-
ters the positive Identification of Merritt 10y Mrs
the partial Identification of him by Charles
Wiley. who saw Mary Knox and man he be-
lieved to be Merritt in Brewsters. where the
marriage took place. on the night when y was
that Merritt had consulted him about getting
divorce the night before the marriage the tes-
tmony of other persons who had seen Merritt
well-known horse ana wagon IN Croton rams
and IN front OF the dom'nlMws h9n7e on that
gued that Lawyer Miller's testimony favored
Merritt's side of the controversy.
In the afternoon Mr.. Williams moved that tho
trial be- dis Qntnued on the ground that this
court had no jurisdiction. In argu ng this mo-
tion he partially summed M the evidence which
he considered favorable to Merritt. Justice
Gregory promptly denied the motion. Then
the lawyer s"rved upon him awrlt Of ccrtnrari.
| r,turnable before the supreme Court AT White
Plains next Saturday. TO there argue the Ques-
Then Mr. filler began his speech for the
| prpspeutlOn. MIR Williams hal rt.lerrtt tn him
in un"ompimentary terms, and he returned
81 e tbs saus Shs w who sSe e as Hpn any broSa
chcsi"d farmers can laugh. While Mr.. Miller
was tall ny Merritt aroee in answer 70 "A signal
from his lHther and started to 20 out but he
nead noi Tc' oi' Mr. Williams Who had gone out was
The door. and his nnser bcckoned TO Mrrri,t
Agaln the prisoner arose to go but the Iuick
ing. and he agaln int rpos"d and "ommnnded
HIM 10 st down, Th"rcupon Mr.. Williams
and approaching the bench, told tho Justice
that he wanted Merritt to 10 W tn him.
" | won't permit him to 20 until tins proceed
ing II Tin shed" said Justice Gregory.
" think, YOU hay. ,n9 jurisdiction and you
But think have jurisdiction. and shall
hold him unt W. get through with him.. rv-
piled tho ;Just.G, decis 'vrly.
When Mr. NJ Her announced that ne would
read Mcrr,tts love letters MS IA part of the evi-
denre every oar was bent toward him. and you
might have heard a pin drop. The imporiant
SuN two weeks ago. The reading OF them de-
lighted the audience almost beyond measure.
some of the old farmers. with gray heads.
hughed ana slMrpnd ,heiI Knees hni, NM ,hhe
, amusement of the young fellows over tine
ludicrous passages was unboundcd.
After the read ng OF tho letters. Justice
Gregory leaned over the bench and said.
John see here" MERRITT. with his round face
nhame put his head close to the Justices.
shall have to ask you TO give bonds for 300.
Will you DO IN" asked the Justice.
No. sir" replied Merritt
: "Then must make out record OF conyic-
: ton said the Justice.
Mcrritts rounsrl. in his speech. had hinted
4 nt the renson why his client would not give
: bonds. To haye done SO would have been vir;
| tua acknowledgment that he was legally bound
4 10 support Mlry Knox rs his wife. and this he
/ Is determined not to acknowlcdgc. There was
hGn nbnos lg dgns Sa"rR prabcS wbcS Iwyey IIHs writ w.t.
: custody. was granted by Judge Dyckman
| and addressed to Constable Mersch. But when
: il was served upon MIersch he had temporarily
u committed the prisoner to the custody 81 III,
d Court. and consequently he could not deliver
him as commanded in the writ The peopo's
, lawyers as rcrtained this. and TO prevent tn,
N writ from becoming operative. rs soon as tn,
4 | prisoner was redclvercd to the constable who
II held Il. the Court when the compliment wa'
l. made out put Merritt in the hands Of COnsta
4, ble FOshay to he locked up.
Il The instant that the commitment was mad
= out and that the new constable received hii
= prisoner. the 200 or 800 men and boys in th'
y room sprang to their feet with shouts an,
= rushed pell-mrll after the prisoner, following
r. Oi the county lail.
. The answer has been served In the suit o
Il John A. Merritt against Mary f. Knox and he
I. father for conspiracy; Mr. Williams says tn