New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-09
HOW SHORT WAS ACQUITTED
MUNsELL, ONE OF TIE JURORS. ARRESTED.

SEEING SHORT IN THE ToMBs-wHAT HE SAYS.
| Judge Van Brunt, of the Court Of Oyer and
Terminer and Distrct-Atorney MARITIME have had sew
eral conferences since the trial Of Richard Short for
assault on Captain Thomas Phean ended I'm acqutta
Evidence that had into the posse ssion Of the Dis
tricAttorney laid before the judge from time TO
| time, and yesterday he issued q warrant di-
| recting the sheriff to arrest Harvey A. Munsen,
eleventh juror for contempt OF court In gross miscon-
duct while serving juror the trial OF Short inc
warrant is returnable Monday morning. and in the
meantime the sheriff is directed to hold tho prisoner In
$4,000 bail The warrant placed In the hands or
Detective Sergeant Won Gerichten. accompanied by
deputy sheriff, went to Munsers office and arrested
him. He taken to Ludlow Street Jail and locked
up.
Mr. MARITIME, who from the beginning took deep In
terest in tho Short case, resolved to
exercise every precaution lin regard to the
jury. He had tho jurors watched by
court officers and in addition had Of Pinkertons de-
detailed to follow and watch each individual juror
keep record Of the places to which he went and the
persons with whom he conversed. L. j. Melville, one OF
Pinkertons men, kept n special watch over MunselL
lie watched Munsell he left the court room on
Wednesday and saw him go to No. IL Chambers-st,
where is situated the office OF O'Donoyan Rosa, In
which Phcan stabbed. The juror ascended to
Rossas Office according to the detectives story, and
knocked. voice said " Come in,' and Munsell went
In. The detective reports that the juror remained In
DclWccu HNe befcn thOh hSAi'
to lunch.
George w. Carr a manufacturer Of aprons and work
mems bouses whose place OF business is the same
floor with Rossas Office at No II Chambersst., test-
fled that he OF his Office few minutes after
p. May 9, and Patrick Joyce into Rossa's
Office. This not far from the time OF the recess OF
the Court. Edmund Mckay coachman. saw Joyce go In
and out OF No. II chambcrs-st not far from the time
when Munsell entered.
Benjamin Cochran, the eighth juror on the Short trial.
made an affidavit In hch said that when the jury
retired secret ballot first taken and there we're
six votes for acquittai five for conviction and one blank
Mr.. Cochran voted for conviction. The Jurors Inn
mediately began to consult among themselves. Munse
from the first for acquittal Mr. Cochran asked
him for conviction, but he only continued to
urge others to acqut He sometimes talked
| rather loudly and spoke to several
jurors. Mr. Cochran says that he always
desired conviction and only consented to an acqutta
when the majority for that verdict became large.
Interesting testimony OF another nature was furnished
by James o. Watkins who IA prisoner in the Tombs'
having been convicted OF obtaining money under false
pretenoes. Watkins said that he knew Munsell and
Short aud also Orrin d. skinner. who Is In the Tombs
awaiting trial a charge Of swindng. Munsel, VINO
Is insurance broker, transacted business with skinner
| and frequently called at the Tombs TO SEQ him.
watkins says that he has Munsell and
Short talking together several occasions, In the
corridor OF the Jail in the counseroom The conver
| sations would last for two minutes at time.
Once Watson says walking In the corridor near
Short when Munsoll spoke 10 him watkins adds that
on ore occasion three weeks ne was near the
stove and overheard Munse and skinner talking to each
other skinner said: 81 hear Short has got Charlie
Brooks for a lawyer He Is q smart one.' Munseh Shu
according TO watKnss story that he hoped Short would
get Of that he DID not how he could be convicted as
there was not sufficient evidence against him.
Warden Finn OF the Tombs. said that he had known
tho f.il lftvoo or
skinner Eugene Kicrnan, keeper at the Iombs, had
known Munscll as n visitor Of sknners He thought
that Munse had been IN the corridor with Skinner at a
time when short also In the corridor.
Mr. MARITIME has worked hard In collecting this tcsti
mony lie said yesterday: I'VE were not caught asleep
knew nothing about fury. axers until came into this
onlce, but 1 soon understood that there was
class OF men who devoted themselves to that
business So took the greatest care to have each juror
Juror aid from the the jury was enpaneed to the
close OF the trial | know where the jurors went ana
with whom they spoke Unfortunately We hhSG not ne
same rights defendants IN setting ASIDE Fcrdet' put
We punish any wrong act by Tue Jurors. ~, ,,.o,
Assistant Di-tTCt-Attorury Delanccy Nlcou cNpdlhcd
that there were three ways In which juror might Dc
reached II he sworc that he dld not Know snort
when examined rs 10 his qualifications as "a
Juror and 1t appeared that he did know HIM
rrury had been committed. He might be charged WIN
contempt ~ court or WIN violation occlloh 20 oi
the Penal Code, which makes II msdeihcanot ior q
Juror to receive any Information IN relation 10 case
pending before him IN any way except III the regular
course Of the proceedings ,....
"a
ing soon after his arrival at The jail lie appeared TO DC
I'M "A pcrfectly comfortable frame OF mind lie Is the
secretary OF the Central Association OF Wyoming ahu
improvement company, aud has an Once as an II
broker In Temple Court, where he was arrested; he
lives at No ga West Fftysecondst lie Is IA iuuIe-
aged man OF respectable appearance.
- heard that WAS to be arrested ne salu anu
quietly waited for the officer | have no apprehension
whatever for have done nothing wrong saw snort
only before the trial. and that was III le loDs
when called there 10 see Orrn skinner, mpllsoh'" ioa
swndling. who had promised to make me
some restitution. He wanted me to ago west
TO see his wife, who he thought was dying, anu
told him could not, as was sulnoneu as ~ JdL Si U
the short trial We in tho visitors room anu ok-
uer poiutiug another near stld Hhsh' thaI Is
short left the place at once ana ala not see snort
again until the trial did my best to get excused as
~ could make neither hcaduOr tail out OF the ua-lhs
of Rossa's Office u the Oice during recess anu ook
look the place and its surroundings SAW Olc hn
there who aftcrWard appeared "a wltncss uoh u-
call his uame STAYED anly minute, simply 10 see tho
location OF the rooms. | did not see kossa OF I"t
Joyce never Joyce until he appeared as Wlhtss
In the trial. know none OF the m5n VINO t'"in WIN ~
any OF them. When ! could not get eNcuNeu
from acting juror dld my autS
the best Of my ability The eNiIenee Wa s.ronsS com M
troyert the evidence OF all the witnesses iNO AZ
tempt was made, and that we decided the case ~
Shorts favor, the evidence, the 10
trying SHIFT the blame upon the jury ltel you, s,
there never was d more conscientious lot OF men tnah
those eie ven took up every phrase oil the
the suggestion that the newspapers woulu no uomu o
cVdeucs To overthrow that OF the docnce ana sO ac
cor1ing to oaths We brought III Nerulet oi mon
guilty. Afraid of assIssnatloni No. was n solucts
or four years and bear to-day; so uOes ahOIue vi
The iuroTs who served In the lt was not terror
thai controlled us IL our deliberate Judgment
sha be able to clear self entirely and have not tn9
slightest fear OF any other result S ~, ~
Tomorrow. | was arrested too late TO-DAY lOI tna"
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