The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-27
MR.. BILLINGS OUT ON BAIL.
rESTERDIr's SCENE ~ THE COURT
ROOM AT B1LLSTON SPA.
Extraordinary ARdavit OF Juror Biood-He
Charges Two ~ the J.ror. with Drunken
ness How they Dnyced snd Played the
rlann $40 600 Hnm Tor tho TrI.nnrr

Piano $:tO,OOO Bau tor tho Prisoner.
BALl.sroN, oct. ~. jesse Billings Jr. was
to-day r"lGU"d ON sjO.UuO hail. His bundsulou
are Daniel H. Dcyoe. William II. Ryall A. Is.
Baucus. stephen Thorne. aud DR.. Jesse Billings.
Judges Landon. Crane Tallmadge and Bogart
sat upon the bench. Gen. lIughes Capt. Butler
and Mr.. LAmorcaux represented the prisoner
and District Attorney Ormsby and Messrs.
Pike MOak. and Foley appeared for the prose-
cution. Tho court room was about half filled
Among the prisoners friends were his father
tho Rev. MIR. Ford. and others. Messrs. Burns
aud Wiswall. two of tho jurors who voted for ac-
quittul. were present. AT $3.50 the prisoner en-
tered at n slow walk. and sat down ut HE couu-
sells table. He was slightly flushed. Drawing
small penknife from his pocket. he passed 1t
rapidly between his fingers and cast an anxious
glance Mt the Judges.
Judge Landon-rhe Court has convened this
morning for the purpose OF hearing the appli-
cation Ivy Jesse Billings. Jr.. for bail.
Clerk Horton-The Grand Jury will be In In
few minutes. your Honor.
The Grand Jury entered. II was thought that
they might present an indictment against Geo.
W. Jones for perjury. Jones is the witness who
sworo that while he was rowing u boat up the
river on the night Of the murder he saw Mr..
Billings turn from tho lane and drive to the
I NHShhhih H'u1cs ItNS lHlnultS hlloIWhIu nc
heard the report OF the gun.
The foreman OF the Grand Jury passed a bun
die Of indictments to Judge Landon aud re-
tired. While the Judge was slowly looking over
the papers Mr.. LAmoreaux read the prisoners
application for bail. 1t spoke OF the length Of the
trial, and asserted that the jury had stood II to
/ iorncluittal. The excitement and mental strain
/ aud his close confinement had undermined
/ M lr'songr,s health H9d further confinement
demanded his attention His accounts were
/ unsettled. and no clork or member OF his fam
lly could give them the requisite attention. The
! the crime. An affidavit from George w. Burr
/ foreman ot the Jury was read. 1t showed that
eleven Of the Jury had, at various times Ia their
! deliberations expressed themselves az entirely
satisfied thut the evidence did not show the
/ guilt of the prisoner. and that In repeated bal
llis they stood eleven 10 on. for ncudittAl Am
'lnvits from Charles VI. Corp aud two other
Jurors wery presented. sustaining Mr. Burr's
The District Attorney oEp2sed the applica-
! ton. He read his own affidavit, alleging. on
. Information and belief that the jury had been
surrounded by adverse influences. It had been
shown that. when summoning a juror. one Of
/ billings was guilty. Tue Sheriff. in whose
charge the Jury were placed. had repeatedly
san mt ne inought the prisoner an innocent
I man. Jonathan X. Deyoe. q Deputy sheriff
was active IN looking up witnesses for the de-
FENCE. Despite the ,prYiestations Of The prose-
| hot. owned by one OF the counsel for the de
fence, Its landlord and guests were reputed
friends OF the prisoner. and Il was asserted that
/ rooms we're engaged In the hotel for witnesses
/ for the defence.
After quoting from the Judges charge the re-
/ mark that the Jury could not convict the prs:
oner II they believed the testimony 81 iorge
W. Jones, the District Attorneys affidavit an
nouncel the -covcry Of testimony showing
I that the boat which Jones sworc he borrowed
hal b on freshly painted; and was on the ways
. ON the day ot'ihe murder. The affidAvit also
u,s .rted that since the trial the body OF Mrs.
I EiA!ug- hai been rNhum.d. ma an examine
Tn" District Attorney was informed by DR..
] Swinburne that the examination OF the skull
Z furnished evil"nc, - show THAI the bullet en-
tered az u hsh velocity and there were other
strong ind 'ations that il wss hr,d from a Bal.
lard csTolmr. The i-ai taken from the head
the post .mor'em would not swear thar they had
found AL oithe bullet. The District Attorney was
/ informed oy DR.. SMinturne that the remain der
/ ~ The bullet could be satisfactorily accounted
The District Attorneys AFFIDAVIT denied the
after the trial On the contrary he bore his
confinement remarkably well, and seemed en-
Mr. orms6y then read The following AFFIDAVIT
from William II. Blood The one obstinate Juror
who stood out for conviction;
SARATOGA oigK AAD 1LHsSaR-Tl. People ,sr.a,
& . =. J' , '.s sr 4, E 4. Il MILAN IA IN, s.9i
water % tue eounts q Saratoga peponent further
'ag Wa one ct 'Hr sf9t, 'Inpsneilsd N ne aI.,s
~ eynsgns ~ IT, ~. - ai sn S; 3s, u.
'i.uuul that tliv 'uN were iruL when MOI in court
ka. kclt hl Sniu. that most " the per.
isrg We're scf he 9c..s, ca led On he par, Of de
det'nant " parsons ~ho were the warm active partisan,
lours. oscapi-i the barroon the roam baek "
Sn s e ' th S' person. .p n an So
i.vancu,y discr''sd The inytit, q ne within IN.
'ctrus ANYTHING 90 resnri to t, much po..
s1S Sg. i- i i' t1 n .o isTi'" S %a 'a
mat dii not cn and mere hesr single ~nri IN favor
L. ~ A. all y
,ie Windows ~ rear OF the jury were usually raised The
VA. ,"ie We pAiinT' or stss fr"n MN To- ne b,IAa
heard D., thv luy and wawAs sa b, ihe iur> IA 81 or
Nnsit q. VOC. ,al ,' Nratu ~ VIZ Lrso, w
IN etr m Slim ieon the isISs
hearing and What the Jury -ai and did AMI q
,s.st !,sI ap It 0usG ).,Gip ir2m' n "a. Ma
'sid ,sT'9r % ',nt ro'in WAY Ins saurd"H eNyigs
PLAYED rano In the ronn buck from tn. plaza while
two 10; NOR" o hr jurors une 81 TIE Officers ai'eld
u- aoi sald count, danced wth girl. who worked N
,a a ' Mr. sn, i' ,Sc aaao I'd ein. OF
portion Of nm, ior The danelu- Nat soo1 men,
ntnNicauus liquors At the bar II said hoi, and
gSad iii h. Juror. WI" Mere PRESENT l." have SdrnE o.
csar. at the Tar oi said hotel when according t. dcpo
in'ovicatns liquor. a, .iid bar with ,ad slchT that
>unda, ai'srnoon during tue mai two OF the jurors
were Ners much tutoAcntpN, sunueh 80 tnt one 90 tie
n"i Sn ,, Vac 9 Hna one 90 NE or .n p,
pose d" sriLhi man so,tr Ne mhkm4 t9sllc rah. hol,e
whle h. Nas 80 ~ stars ami 70 bed iot ne luIy,e
cnudtni. thnt iulus the tria sons consultation TOOK
prrsruce oiv u the officers attending the jury
about jurors having their photographs TAKEN when II
wa. sugse sied that the defendant should come with The
fIrV ami have HI lhoio-ral taken with them mat
replied IN substance That lerlAps Mlnfs ulgh not bt
willl4 Allc come when he bhnlk rHph"r sad Il
the officer In substance that he guessed Nimey The
ShrrH would reich hm down Some talk took place be
sai officers and sad photographer, when the on
all tieht from which understood was IN favor OF the
ncuitta ni the drtrnAant mud that the deisndunt WA
liz acquitted 40 he and the Jury could have their pho
tu.luhs takcn together That during the trial l. at i've
or turce other tunes heard substantially the
mark from the officer. tSigncdl W u. Bfoop.
Subscribed and sworn To before me- on oct -, la1e,
ions COOK, Commissioner OF Deeds
Before the reading Of this affidavit was ended
Mr.. L'AmoreauX was on his feet strenuOusl,
protesting against the asperslons on the char.
actrr II the jurors. He did not understand
that the affidavis OF lurors were admissible
except rs benrlng upon their failure 70 agree.
Mrssrs. MOak and Ormshy insisted upon the
legal validity ~ BlOod's affidavit. The lormel
said that Mr.. LAmoreauxs proposition seemed
10 De tina, one side could show the simple re.
suit. but the other side could not show how tina
result was reached.
Judge Landon-This line u attack APPARENT,
assaults the Independence Of the Jury.
Mr. Mpak reminded the Judge that they had
protested against the Shcrlms selection 81 ON
GERS 70 wait on the jury. because they thought
they ioresaw what would happen. The only