Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-07-01
VERDICT OF ACQUITTAL.


fhe Charge Ut Judge Granger Criticised al
Favoring the Accused-GossIp about
tho Defendants.
AT last the great Malley case is ended.
States Attorney Doolittle did not close
his powerful argument for the state until
about 3 o'clock Friday afternoon. He
charged Ito accused with murder in the
first degree showed that the motive was
sufficient, and that the state had proved
its case beyond reasonable doubt.
Judge Granger, after short recess, be-
gan at 3:O5 his charge to the jury. He
said the accused were on trial for murder
by poison and not for rape nor telling lies.
He continued 4: 'You will consider care
fully how this girl came to her death.
You want to be satisfied, in the first place,
as to the cause of death (; if you have any
doubt about it, the law gives the prisoners
the benefit of this doubt. The state claims
there is positive evidence to show that
death did not result from drowning,
while the defense claims there are
enough evidences of drowning to at
least raise a reasonable doubt. Then you
have to consider whether she died of arse
mic whether the quantity taken was sufli
cient to cause death. Then you are to
consider wien, where and by whom the
arsenic was administered. All these are
vitality important matters. Circumstan
tial evidence is to be relied on, but all the
circumstances must correspond all point
in one direction. If there is any theory
which can reasonably account for death on
any other hypothesis than that which the
state placed before you it must be ac-
ceptcd. You know, gentlemen, how diff
cult it is t" fix the question of the identity
of person. If the circumstances salts
factOriy proved constitute, when grouped
together, evideEce equal to that of two
witnesses, it is your duty to find a verdict
of conviction if you arc not thus i'm
pressed yOn may find a verdict in the Sec
Ond degree. This is within your power
under the law but it is claimed, and l
concur, that tins is either 4 case of nur-
ier IN the first degree or none at all. With
these remarks l leave the case in your
hands,
The charge was twenty-five minutes
long. At $3.50 the judge handed the in.
dictment 10 the foreman of the jury, and
sent them to their room. The prisoners
grew nervous, aud their friends expected
verdict of acquittal Immediately. 1t did
not come, but in about five minutes Juror
Robert o. Gates created some excitement
by appearing at the door and asking for a
doctor. Ii appeared that Juror Hotchkiss.
oil Bethany, had a fit of vertigo. A con
stable carried in pitcher of water, and the
juror began t" improve. Then the court
room resumed its customary appearance.
blanche tried TO Indicate her carelessncss
by reading newspaper. The Malleys
chatte'i with their counsel and relatives
AT 3:4O Sheriff Tucker took to the jury
room the big map Of the West Haven
Shore used on the trial. The jurors were
evidently fixing the Shore locations. At
4:30, afte! being just an hour out, the
jury returned with verdict of acquittal
in the cases of all three, james, Walter
and blanche.
murmur OF applause swept through
the court room, but was promptly check
cd. The boys were congratulated by friends
and relatives; their aunt kissed them.
Blanche also had her friends, who crowd
ed about her. The prisoners at once left
the court room. Walter Maley, especially
seemed to be in hurry. The whole family
consider this acquittal a vindication OF
their characters and a condemnation of
the accusers. Mrs. Cramer denounccs the
whole proceeding as unjust, and the West
Haven authorities arc still confident that
their course was the only one they could
have consistently pursued.
Whether Walter and James will remain
in New Haven is not positively known,
but it is supposed they will once more
handle their father's and uncle's dry
goods. AS for Blanche, after being cared
for by her counsel and others, she will
probably return to New York. The ver-
dict has not created very grea: surprise in
this city, for und,r the later develop
ments, or lack of developments, in the
case disagreement was the worst result
anticipated. The Judges charge is openly
criticised as being unfairly favorable to
the accused.