New-York tribune., 1886-01-06
ACQUITTAL OF AM ENDE.
THE HoBoXEN DRUGGIST NOT GUILTY.
FREED FROM THE CHARGE OF MASsLAUoHrER-
AIIusIoSs I'D HIS yiCTiMs.

FREED FROM THE CHARGE OF MASsLAUGHTER-
ALLUsIoSs TO HIS VICTIMS.
The trial of Charles q. Am Ende the Hoboken
druggist, Tor mansaughter in causiug the death of
Marguerite and Ella Hotz by putting morphine In
stead Of quinine in prescription finished yester
day in the Hudson County Court oi General Sessions,
the jury acqutting the defendant alter celebrating
little more than three hours There was large at
tendance durng the day, including large number OF
doctors, lawyers and professional generally Mr.
Am Ende was hand about half an hour before the
court opened and he beemed 10 be in a more cheerful
mood thar the first day of the trial. His eyes
looked brighter, bis step more elastic. and he i'm
parted more cheerfuiness into bis saton. No
member OF the Holtz family in court DR.. August
Ljewenhal the aflianced husband Of Marguerite. was
there tut be mad be- en- subpoensed witness. Ex-
Assemblyman S,eljes, tx-Deputy Revenue Collector
Reid and other influential citizens of Hoboken and
warm riends of Am Ende. were in attendance as they
have been smce the beginning.
The only testimony taken that Of experts in the
drug business aud one expert in mental diseases The
expert druggists merely testified to the fact that all
well regulated drug have prescription desks such
as Am Ende has in his One two testified that
Am Ende took more than ordinary precautions to dis
tingush his poison bottles tom those CONTAINING In
noeuous drugs. William 4. Laird, one OF the experts,
WAS asked by Prosecutor Winfield
Ii you read on a hottie poison and you saw on IT
a skull nd cross bones and you then put up the
tents of that bottle Tor qunhe wouldn't you call that
gross carelessness T.
:" would say there was q mistake, or absent
mindedness"
.'Hy Observation-Disclosures you carclessness,
don't your
suppose So"
DIR. |. n. Qumby the expert in mental diseases. tes
tilted that q had AIN Ende about two months
before Il accident and noticed that he did not act
ne felt well. Ho made special rh animation oi the
defendant last NOse ber aud i"und h suffering from
-la,- -stn. hV l hnnN
becomes enteeblrd the mind also becomes enioe bed
and Am Enue suffering from aenema OF the BRAIN
hen il in that CONDITION he Will ask iof ms coat
mean a kuiie; he will ask for qu'nine and take
morphine District-At;orneJ Winfield pat the expert
through elaborate cross examination on variety
of abstruse psychological questions to which tho Jmy
listened IN open- -mou, he'd amazement.
he council for the deicuoc began to sum up about
noon MIR hessOn made an able argument. E1-Judge
Holman followed with powerful aud eloquent appeal
TO the sympalhy of the Jury saying that verdict O
guilty would utter and irietreyabie run 10 the
defendant II be should 90 out OF the court branded
as guilty Of mansauRher even II inc court IN lts
mercy should impose enalty. nothing on THIS earth
could hun man again ond restore him 10 his
former hi sh position among his iellow-men.
Dist-ic Attorney Minheld in his argument for tho
State insisted rst of all that the case WAS hot to be
tfiod on sympathy. No man ielt more sympathy than
he inr the defendant bat he had duty 10 perform
and The jury had theirs TO perform under the law u
it was solely question OF sympathy. he might direct
the attention OF the jury 10 that afflicted ianiy IN
obDkeu that had loot their beautiful ana accom-
p,hed members lac miah point TO the two graves IN
ihe bleak cemetery where the two victims Of this
accident were laid eide by size. they laid Ia their
adle In their ohildhOOd days. but IL was his desire
that al sympathy be elmiGBted from the case and 1t
bv determined solely in accordance with The evidence
aud the law ,
Juage McC;li said that the indictment in the
form prescribed by the 5tatutc. Tho crime alleged
tho unlawful kiiliog OF another without malice oi M
tent Mansaughter Is an unlawful klhGg without
intent and ia distnguishable from tXcusabe homicide.
which !. a killing by DIsa6 venture 1t is not misad.
venture whete there oulpable negligence. want oi
proper canton inattcntlou. Ihe meahlng ot the
Term uecli geuce be determined by the surround
mos ihe Jury must determine from the evidence
heiher the defendant was guilty OF oultable negli-
geuce They not tO allow their sympathie- Tor the
defendant nor their indignation for the death oi
Margaret Hotz 10 their judgment IN any degree.
The TACT that defendant engaged ~ conversa-
ton ith DR. Loewenthal at the time OF making mp the
pre.cfi tion has been urged In txtonu.tOn but the
nry must ask Themselves Should he not have stopped
ii a. n va. in Bis pow TO dor II the state had
shown gross negligence the part Of the oeiendant he
should be convicted When tho defence OF ussnity IA
ei up the Law this state puts tie burden of proof
un the defendant Ii must be shown cOnciueHey thht
he was inc pahle OF distinguishing between rght ana
wrong and If il any doubt II must be res'lVed "
favor of the State. Tho conscientious. fearless aud
manly discharge OF duty IN this case IN all other
cases is the only safeguard tor s"tiety.
Dunng the suiHmmg up and The delivery oi the
JUDGES charge AN tnde wept silently but contin-
uousy removing has ndkorohel from ms eyes
When the verdict OF acquitth rcnGeTcd hI.
friends crowded around and congratulated him.
Teas of 10Y oarne to his eyes and O heavy load had
evidently been lifted from hs heart. An attempt vas
made t. give oneer bu; 1t quickly suppressed by
Tt.rL NJ 4 ODonnel who the verdict.