Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-04-20
NOT GUILTY"
WAS WHAT The FReeSE JURY SAID,
YESTERDAY,
Which Was a Matter Of Great Astonishment
To Many-what an Enlightened
Juror Had to Say, In expla.
nation of the Verdict.
IMPORTANT REVELATIONS IN THE
CASE.

To the surprise of everybody, the
Jury in the Freese case brought in
verdict OF mot guilty." yesterday morr-
ing, and, as far as the records are con-
cerned, Freeze is innocent OF the crimes
of which he was indicted. The ways OF
the modern jury are past finding out, TO
a certainty.
When the court opened, yesterday
morning, Mr.. Good began his aIgu-
ment, the closing for the defense. He
made rather a dispassionate speech, fer
him, and one that evidently told on the
iury. Mr.. Jordan closed for the prose-
cution, making a very plain, sensible
aud telling speech. The case was then
given to the jury, which retired to Its
rooms to make up verdict
In spite OF the early hour, the court
room contained very large concourse
OF men and boys, who listened eagerly
to what was Transporting. Freese sat, as
usual, next his counsel and was accom-
panied by his mother, clad in the deep
est mourning, with her handkerchief,
with broad black edge, kept constant.
ly to her eyes. Her hopeful son sat, in
very unconcerned manner, as though
actively indifferent to the proceedings
which might cover him with striped
suit for term OF years.
1t was expected by nearly erybody
that the Jury would be out but short
time. The testimony had been appar-
emily direct and conclusive and the gen
eral belief was that Freese would be
convicted. There was little surprise,
therefore, when, at the expiration OF
about fifteen minutes, the gong sounded
and the Jurors filed into their seats. Ex-
pectation was on tip toe as were many Of
the spectators, craning forward to let
nothing escape them. The roll was
called and twelve men answered.
Gentlemen of the jury, have you
agreed upon verdict?'
ave have" answered A. S. Wells,
foreman.
"Whst say you, is the prisoner guilty
or not guilty."
"Not guilty."
A murmur OF surprise ran about the
room at the unexpected announcement,
and then Mrs. Freese exclaimed:
Thank Cod" and started toward the
Jury, but was restrained by her counsel.
This settled it, and Freese was dis.
charged from custody. But the most
indignant man in ten counties was Pros.
ecuting Attorney Jordan. Everyone
admitted that he had conducted his case
with great skill, though matched with
some OF the most proficient criminal law
yers at this bar. He thought his chain
OF testimony was complete, and conf.
IDENTIFY expected a verdict. Now, with
Mark Twain, he has not so much conf.
dence in "that heayen-sent institution"
trial by jury.
On Monday afternoon, after the testi-
mony for both sides was in, prominent
lawyer standing in the crowd remarked:
ats such clear case that it's hardly
necessary for Jordan TO make a speech
or do more than simply read the law"
This was the almost universal opinion
and the surprise, consequent to the yer.
dict. was correspondingiy great. But it
seems the jury had upon it at least one
man who does not believe in sending
criminals to the penitentiary, unless for
life-thinks term OF five years is worse
than nothing. When asked how the
verdict came to be made up, he said:
"Well, no one saw Freeze forge Judge
Boyd's name and there was no direct
testimony to prove it.
"There was plenty OF circumstantial."
"Yes, may be, but We did not hold
that good"
"But how did you get over the sec.
ond count? Wasn't it proven that he
uttered the note, knowing the endorse
ment to be forgery"
cts Just here. / don't believe in
sending people up for less than for life
They come out worse than they 90 in"
"But great Heaven! You don't make
the laws! You've got to be governed by
them"
"Well, that's just how it was"
Allie Freese has had miraculous es.
cape and it remains to be seen what the
moral effect will be. The best thing he
can now do is shake forever the dust OF
Wheeling from his feet and go where he
is not known to build up new life. He
is ruined in Wheeling, but is yet young
enough to grow up with a new country.
Horace's advice might be followed to
some purpose, in this case.