The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-29
GENERAL SESSIONS-PART 2.
Before Judge Gilderslecve.
COLONEL M'CARrY FREE.

Before Judge Gilderslecve.
COLONEL M'CARrY FREE.
Assistant District Attorney Lyon resumed mis- nd
dress for the prosecution In the Of William f. c.
McCarty on trial for alleged completely IN tho diamond
robbery the 9th ofJanuary last He reiterated his
statement OF the previous evening TO tho effect that the
only proper inference that could be drawn from all tho
and circumstances of the that the pris-
had entered into conspiracy to rob Hand OF his
jewels. Ho pointed out what he thought glarng
discrepancies in McCarty's testimony, among them
being tho that he testified he at homo Thir-
tccnth street until after eleven O'Clock the day of
the larceny who the porter the Belmont Hotel said
he saw MIN that morning before ten O'Clock. He
contended that I'D copartncrship with Hand originated
in the mind of McCary and drawn up for the pur-
pose Of covering up his tracks, His explanations OF the
various details throughout the transaction were
not no considered. at all satisfactory. MIR.
Lyon earnestly and forcbly argued that the
guilt OF the accused had been clearly
established. Judge Gderseeve delivered clear and
comprehensive charge to the Jury AS 10 the owner
snip OF the diamonds he said II was sufficient in law
that they were in the possession Of Hand After de-
hnng in general forms the crime of larceny, Judge
Gildcrslceve explained that the offence with which tho
prisoner stood charged that OF constructive lar
ceny TO convict tho prisoner they must be satisfied
from tho evidence that he obtained the consent OF
Hand 10 take tho diamonds by means OF fraud trick and
devce, tor II this consent wcro obtained with e!onous
fled that ut the time the obtained the pris-
oncr had fraudulent intentions they must find him
guilty. but they must BIO thoroughly satisfied OF that
fact. On the other hand, II they believed that tho
prisoner entered into tho copartnership with honest
motiveg they should acquit him. Two theories had
been presented to jury that the part tho prose-
cution setting forth that the prisoners negotiations
with the complainant were dishonest aud that he
tered into them Tor the purpose OF stealing tho da-
monds. The Defence however, claimed that McCarty's
transactions honest ana carried throughout
good faith The Jury say what the truth was,
evidence The defence further claimed that Hands
conduct was dishonest, that no had endeavored to
deraud others and in this instance mad made the prs-
oncr his dupe. la view Of all tho surroundings tho
jury must weigh the entire evidence carefully and
draw their interences therefrom. II any doubt
TITLED to the benefit Of It, But II from tho evidence
ton with Hand with dishonest motives 1t would DO
their duty to find him guilty. They also take
character OF the prisoner and II any doubt was
entertained In that view MS to tho probable
ty of his having committed tho crime CHARGED
they should render verdict OF acquIttaL Tho major
Ity OF the requests TO charge submitted by cx-
Judge curtis were presented by the Court The jury
retired at shortly after twelve O'Clock for deberation
The usual scenes incident 10 waitng for the verdict"
were enacted. Tho issue discussed few
able To- give opinion even tho probab litics.
McCarty, who, by the way, expressed his confidence
OF acquitta IRON tho start preserved the cool
ness and which marked us doportment through
out the rial He chatted and joked with his friends.
rcteratHg his innocence, and explaining many details
which lac said he did not care TO mako public during
the investigation. Judge Curtis placid a
sylvan stream, and ut times buoyapt and mirh pro-
vokng The jury rcpensbed the inner man about three
O'clock but nocnon OF the probable result OF their
deliberations could be cleaned Al hafpost vc O'Clock
some heard clapping Of hands IN the jury room,
and II was Inferred that suinc Of tho jury had
changed MS mind either for against the prisoner.
Hall an hour later the jury room rang with applause,
and this followed, by a general hustle, was strongly
indicative of an agreement Out came tho Jury In In
dian hle The court room was hlcd in twnkling,
and tho moment OF suspense arrived In response 10
Mr. stewart, the Clerk, the foreman declared
William Fitz Charles McCarty not guilty The an
nouncemcnt was received with tokens OF appreciation,
which, however, tho Court ordered to be instantly
suppressed McCarty stood up ana thanked the Jury.
The piercing eyes OF Judge Curtis sparxicd with de-
light. and scarcely had the Court announced the dis
charge Of tho prisoner when both he and hts counsel
wcrc showercd with congratulations II was under
stood that on the nrs ballot there wcrc ninc for
q uiital