New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-19
SWEENEY NOT GUILTY.
HIS SECOND TRIAL RESULTS IN AN AcQUrT
TAIL
DIFFICULTIES OF THE PROSECUTION JURY
NOT OUT LONG.

DIFFICULTIES OF THE PROSECUTIONS JURY
NOT OUT LONG.
Alexander Sweeney, who has been for three years
and nine months IN prison, was released yesterday
by the verdict of Jury acquitting him Of the charge
Of murder ia the first degree in killing John Iannon
at the foot Of East Thrty-eigbthst, on April a 1885,
He was Jointly indicted with Peter Smith, who was
convicted In November, 1885, of murder in tho first
degree and was sentenced 10 be hanged sweeney,s
trial before Recorder smyth followed immediately
upon Smiths conviction. Assistant Distsict-Attorney
Ambrose II. Purdy was the prosecutor in both cases
Sweeney also was committed OF murder In the first
degree and was sentenced to be hanged. The cases
went TO the Supreme Court and swecneys convlcton
was reversed, while that Of Smith was affirmed Gen.
eral Term. Smiths case carried to the Court Of
Appeals and was again affirmed and several months
ago Smith was hanged at the Tombs.
The cases differed In that Smith fred the shot which
killed John Harmon, while Sweeney stood by and saw
1t fred The theory which the prosecution OF the
case acted at the first trial was that Sweeney had
quarrelled with Harmon the day before the shoot
ing and had shown ill-feelIng toward him Sweeney.
according to Mr.. Purdys idea, secured the assistance
Of Smith and they went 10 lannon's shanty and Smith
shot him before no could defend himself.
Sweeney lay In the Tombs after the General Term
had granted him new trial His counsel at times
asked that Sweeney be tried, but at the District
Attorneys olco anxious TO undertake the prose-
cuon In the meantime, Of the witnesses for ths
prosecution died, another was sentenced TO long
term Of imprisonment and refused 10 questions
put to him. Other witnesses forgot facts Important
TO tho prosecution and others remembered facts favor
able 10 the defendant. On the trial, which finally
began on Monday, before Judge Glldersleeve with
Assistant DistnctAttorney Dos Passos prosecutor,
the prosecution continually met difficulties which
mad arisen since the last trial.
Tho proceedings yesterday consisted Of the-elosng
arguments by Mr.. Dos Passcs and Mr.. Howe and the
charge Ut Judge Gldersleeve. Both of the lawyers
declared that the case ono ia which tho verdlct
should be either guilty Of murder in the frst degree
not guilty. Judge Clldersleevo carefully charged
the jury as to tho law of homicide. The defendant
should receive, he ssid the benefit Of every reasonable
doubt arising out Of tho evidence in Ito case. He
warned them to be guided only BY the evidences and
TO weigh carefully the testimony of tho witnesses.
The Jury retired at 3:l5 r. m, and no message
was sent from tho 1ury-room until about O'Clock.
when Judge Glldersleeve announced his Intention Of
sending the Jurors to their dinner The Jurors asked
for short delay and then entered the courtroom.
When the clerk sskel whether they had agreed upon
verdict the foreman said. "We haven Sweeney
stood facing the Jurors and remained impassve whis
tho foreman answered the question to the verdict
by saying. "Not guiIty.a
Sweeney's face has become pale through months
and years of Imprisonment, but the paor became moro
intense he hoard the verdict of the jury and the
low murmur of qualification from bis friends who had
seats in the court BE sank back on his chair
and his lips closed tightly, but he did not lose con-
sclousness. He recovered some degree OF composuro
In few minutes. Judge Gldersleeve promptly
discharged the jury. Seven Of the Jurors had voted
for acquttal the first ballot and i've Jurors were
in favor Of manslaughter.. Tho minority agreed with
the majority after four hours discussion.
Judge GiIdefsleeve, turning toward sweeney, said
sharply Discharged and the friends OF the former
prisoner crowded around him. Sweeney, In obedience
to HIS counseis suggestion, thanked the jurors and
several Of then shook his hand warmly His faithful
brother who has been his steady supporter through his
Imprisonment, was among those who coz grarulafcd
him. crowd of Swoeney's friends standing outside
the building heard OF the verdict and shouted Justify
Sweeney waited until the noise had subsidized and then
left the building by the rear entrance