The New York herald., 1879-01-08
NOT GUILTY.
Failure CT the Charter Oak
Conspiracy Charges.
UNANIMOUS VERDICT OF THE JURY.
Messrs. Walkley, Wiggin, Furber
and White Acquitted.
iBY TELEGRAPH TO THE HERALD

n. Z,
The Charter Oak conspiracy trial ended this after
noon with the verdict that had long been predicted
by those who had followed .the evidence carefully
after the hrst week of the trial. At quarter past
ten Judge Hovey began reading his charge, the
stiffness being marked the spectators in
court bent forward in eager curiosity. Tho
reading occupied half hour faint buzz
Of whispered comment now and tncn breaking
upon the the Judge referred to other Of
the most important controverted points. This hum
WIS marked when in few words he blottcd from
the the entire second count because of the
failure of the State present evidence support Of
most essential feature. One auditor exclaimed,
There! of the whole five counts of the indictment,
there's only left. and that's weak" Judge Hovey
read in a slow and measured tone emphasizing the
best points and occasionally hesitating that the jury
might have some particular remark impressed upon
them before he proceeded to the next.
CONSPIRACY SHOWN.
In the opening OF his charge Judge Hovey sum.
married. the contents OF the two counts which the
case had gone to trial. and both of which have been
forth in these dispatches at length Substantially
tho first charged conspiracy by the accused to OBJ.
tain control Of the Charter Oak for the purpose Of
cnrichiny themselves by robbing the polic~Aoders.
and the second with making false annual statements
with tho intcntsto defraud them. The means
set forth each count Following the statement Of
the subject matter OF the allegations Judge Hovey
said--
In the first place. ii is essential that you should
know what criminal conspiracy is. 1t is not de-
fncd by statute nor does the statute contain any
provision respecting 1t: but the common law de-
fines it TO be . combination and agreement between
two more persons for an unlawful purpose or tn
effect lawful purpose by unlawful means. and
that definition has been recognized the true by
the OF last resort in this State The Of
this offence Is the unlawful combination and agree
ment Of the parties The offence is, therefore,
completed .
and the agreement made. although no act
effect. Tho evidence in support Of information
for conspiracy Is generally circumstantal. It is
seldom that direct evidence can be obtained When
an offence is about to be committed by combination
OF individuals they act in most cases covcrtly and
secretly not openly The purpose of tho combination
Is known only to those who enter into it, Unless.
therefore. OF the conspirators betrays his COM
panions and gives evidence against them their guilt
evidence. II it be proved that the defendants pur
sued by their acts the object often by the same
means, one performing one part and another another
part Of the same so as to complete it, with .
view 10 tho attainment OF that same object
the jury will generally be justified in inferrng that
they we're engaged in q conspiracy to effect that OBJ
;ect But warrant that inference all the acts done
that the precise conspiracy described in the nforma
ton formed between two more Of the parties
and that the acts were done i'll pursuance OF it. II
is of no Importance that It may have been proved
tina. the defendants have wommitted unlawful acts.
unless those acts incapable of explanation upon
any other reasonable hypothesis than that they
wsre the result and done in pursuance OF the con-
spirscy described in the information. To
IL must be proved beyond reasonable doubt that
two OF more Of the defendants combined and agreed
and defraud the charter Oak Life Insurance
Company by one of the means set forth in
that count; for although it might not as the States
means by which the consemplased fraud was to be
pcryetrated. becsuso Acombination and agreement
Of two or more persons 70 defraud corporation ~
out the and thus given notice to the detend-
ants OF the facts upon which he should rely and ask
hs nd al
or surpussge but must be proved as laid in the in
pKrxcrs IN rHR SECOND COUNT
After discussing the testimony on which the State
sought principally to establish tho charge Of
spiracy and dis.nissing it insufficient the Judge
ead:
We will now turn attention TO tho second
count and see whether the allegations which il
tsins sustained by the evidence. The charge con-
tanned in this count is. already stated Of con-
spiracy to cheat. deceive and dcfraud Charles N.
in the charter Oak Life Insurance Company. OF this
city. and dvtSA others, policy holders IN that CONF
sSeTe,p % Sy msSiuS faiso reports OF the companys
condition to the Insurance Commissioner on the
3ist day OF December 1876. and tho slst day Of De-
cember, 1876. The charge. therefore, Ii OF q con-
spiracy To defrsud those persons who are specially
named and described rs policy holders Of the COM
pany and IL cannot be sustained without proof that
those persons at the time or both Of the reports
were made to the Insurance Commissioner were
has been made. and consequently the charge con-
taincd in the second count fails and your verdict
Returning n ming ' for ono momen. to -consderstion Of
the nrst count ought to say in justice 70 the claim
made by counsel in behalf OF MI. waiikicy that
dence between his and that Of the other defend
n v II is for You to say whether there Is or not.
II there you will express IL In your verdict There
is no graver or more responsible duty which .
citizen can have devolvcd upon him than to SIT in
Judgment upon his fellow men. In the discharge OF
such duty should examine ourselves and see that
prcposscssions prcjudces be allowed TO control
influence our judgment. We know the case only
as 1t has been disclosed 10 by the evidence pro-
duced and admitted upon the trial. Whatever may
favor Of the state or Of tho Defendants be
considered here. Even those symrathtes so honor
able to our natures must not be perms,ed per % 70 IN
given to us in court should govern you. You will
convict the defendants any OF them IL you have
reasonable doubts Of their guilt But IL such doubts
have no place in your judgments your verdict will bo
against the defendants or such of them as you may
find to be guilty
VERDICT OF THE JURY.
The jury retired at quarter TO eleven A. NJ. and
Judicial decorum was temporarily abandoned in the
court room. the Judge and lawyers entering into .
lively conversation and the spectators gathering in
little groups. discussing the tenor Of the charge At
hafpast twelve the jury sent 10 the Court request
they be permitted TO go 20 dinner and this being
granted . recess taken. The Court met again
promptly at two O'Clock, pursuant 70 adjourn
ment and tho jury promptly repaired IA
their room. For thrce-quarters OF an hou1
the spectators fingered in expectancy. Then
the constable was summoned and a moment
later tho jurymcn filed up stairs into their seats.
Their names called. and the accused re-
qucstcd TO rise and hear the verdict" Amid breath
less silence the foreman reported that they had
agreed. and the question was put by the clerk Of tho
court in the usual form as TO tho finding in the
case of each Of tho alleged conspirators. Tho
name Of cx-Prcsdent wiggin first called. and
tho response mot guilty" followed by
murmur Of surprise and undertone exclamations.
That clears them ALL while tho faces
of every ono Of the accused lighted up. they
appreciated the significance of the acquittal Of
tho first Of the two of their number for whom
some apprehension had been felt mot guilty.
followed succcssively the of Furbor, White