New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-01
tors fees. Mrs. Rawson thereby loses largo amount
and Banker Rawson gains decided financial victory.
KBRR AWAITING A VERDICT
THE JURY LOCKED UP FOR THE NIGHT.
AN ELOQUENT SUMMING UP on BOTH SIDES AND
AN IMPARTIAL, CHARGE.

AN IMPARTIAL CHARGE.
Thomas B. Kerr will know his fate early this
forenoon 1t is not likely that the announcement
Of the verdict will be made later than the houS
at which the court opens, 1880, because the
jury has had all night long in which to consider
1t, and the hard lnes' to which the twelve
martyrs to duty have had to submit ought to be
highly conducive to the promotion of unanimity.
by bringing the most stiff -necked and rebellious
into harmony. At o'clock last night they re-
tired with the last solemn words Of Justice Pat
terson ringing in their ears, and their minds filed
with less distinct memories of the long
drawn eloquence of the two able orators; Of whom
one w. Bourke Cochran spoke for three hours
and quarter and the other, District-Attorney
Fellows, for an hour and half.
In anticipation Of q splendid display by these
gifted takers, whose meeting it was expected,
would put them on their mettle, large crowd OF
interested spectators sat out the whole proceedings
The audience in appearance and numbers recalled
those that attended the former boodle' trials
Many friends OF both champions Of debate were
there, among them sprinkling Of women, whom
Billy Ricketts, gallantly seated where they could
see and hear well. The bar of the city was also
well represented, and many Of Mr.. Kerr's friends
and few of his relatives encouraged him by their
presence.
W. BoURKE CoCKRAN's ELOQUENCE.
Mr. Cochran by his speech fulfilled the ex-
pectation that the case for the defendant would
be presented as well as it possibly could be- He
began with reteration Of what he had all along
insisted upon, that the mass Of evidence presented
by the prosecution had not ncrminated his client
or connected him with the Broadway franchise
transaction. With Fullgraf's testimony Mr..
Cochran dealt much in the same line that he fol-
lowed in his speech for acquittal made after the
testimony for the prosecution was all n maintain
ing that Fulgraff's evidence at this trial appeared
in new light, on account Of the informcrs ad-
missions on cross examination that there had been
an Aldermanic combine for blacllmail, and that
in taking money he was not really bribed.'
After a recess Of one hour Colonel Fellows, in
an admirable address, maintained that it had not
been required of the prosecution to prove this
case to an absolute demonstration but they nau
aimed at proving 1t beyond all reasonable doubt,
and, he held, had succeeded in so doing In
review Of the evidence he found enough to con-
meet Mr. Kerr with the bribery OF the Aldermen. n:
Sharp is in his grave" said he, Foshay Is IN
msdenr ns esS i anS S Sones nssp I % did %
Foshay did it but Kerr did it equally. You can
not disassociate them from him" Colonel Fellows
plainly intimated that the boodle' trials are by
no means over with the disposal Of the Kerr case.
He finished about o'clock and Justice Patterson
occupied about an hour in charging the jury.
THE JUDGES IMPARTIAL CHARGE
Perhaps the best evidence Of his impartahty
is that each side grumbled that he had leaned
to the other. The charge was undoubtedly
legal gem. L was clear, it was succinct, and 1t
was well worded. The law on the subject OF
bribery he expounded fully, he estimated the
value of an informers testimony, he pointed out
that the Jury must consider whether Fullgrah
was bribed and they must consider whether the
S5OO,0OO raised by second mortgage bonds OF
the Broadway and Seventh Avenue Road was
bribery fund.- and whether Mr.. Kerr was, whether
actively or passively and consentingly, concerned
with raising money for such purpose. lie
reminded them that this was case largely
depepdent on circumstantial evidence, but that
that evidence was good and admissible, and the
fact that the defendant bad not taken the stand
must on no account be allowed to weigh against
him.
At 1902 o'clock the jury retired 1t was ex-
pected by many that they would not remain out
long. At 936 they re-entered the courtroom,
but only for instructions with regard to the
$4,000 They wanted to know If the actual
payment of the money should, or should not, be
proved The Justice said that the burden Of
proof lay on the prosecutor; but that 1t was not
necessary to have direct evidence, and proof
would consist in establishing from circumstantlal
evidence that the money was raised to bribe
the Aldermen and used for that purpose
till to-day. Mr. Kerr, who was now in the care
of the Sheriff, was allowed to go TO his own
house in the custody of Deputy-Sherif Sexton
and Order of Arrest Clerk Y" Barney" Martin.
Captain Billy" Ricketts, shared the vigils of
the Jury.