New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-04
" "FRENCHYn FOUND GUILTY.
MURDER IN THE SECOND DEGREE TILE
VERDICT.
THE JURY OUT TWO HouRs-suMMNG UP YoA

BOTH SIDES-RECORDER SMITHS CHARGE.
! George Frank alias Ameer Ben All, was found
guilty Of the murder of o!d Carrie Brown. by Jury in
General Sessions last night, and thus it adjudged
that Yorks Jack the Ripper had been captured
after his first crime The jury delibcraed exactly two
| hours and then announced its verdict Of guilty Of
| murder in the second degree.
At two three minutes OF 10 O'Clock there q
scurryng Of feet toward Part Of General Sessions,
for the waiting crowd had learned that the jury
| about 10 return TO the courtroom. Tho twelve men
filed into the jury box, scanned by every in the
place. The set look OF determination on the face of
the foreman Joseph Bartels, and of two ether
Jurors, boded little good for the prisoner Just be-
fore Recorder Snyth entered the private door, fash
Of lightning Illuminated the poorly lighted courtroom
William n. Penney, the clerk. called George Frank
to the BAR and the Algerian. with bent tho
floor, shuIled from the prisoners box to the railing
| in front Of the clerks desk.
In reply 10 the usual question BY Mr. Penney: "Havc
you agreed upon verdict7' Mr. Bartels the foreman.
said firmly We have. We find the defendant guilty
| Of murder In the second degree" A murmur filed
the courtroom and Frenchy' looked anxously at tho
| interpreter and asked in Arabic: Gam l to be
hanged ~ The interpreter answered. No." and the
| prisoner was quleted. Recorder Smyth said 10 the
| jury:
"Gentlemen Of the Jury, think you entitled
to the thanks Of the court and Of the community for
the intelligent faithful and. believe satisfactory
| ner in which yOu have done your duty. You have
been prompt in attending court and patient in listen
ing to the testimony, and am free to say that believe
that the conviction is about right"
The prisoner emanded until Friday for sens
| tence and led out Of the courtroom holding mp
| his unshacked hand toward heaven aud protesting
| his innocence. Friends crowded around District Ats
torney NicOl and his assistants Messrs Wellnan and
Slmms, to congratulate them their victory. ana
Mcssrs Levy, House and Friend also received words
of praise FOR their hard fight. Mr. NooH afterwTd
.l,o a4Ieno -ith 4ba rdfc haA
been impossible TO prove premeditatOn so he was not
disappointed that the prisoner had not been found
guilty Of murder in the first degree.
The Jury at first stood eight to four in favor Of a
! verdict Of murder in the first Gegree. The second
ballot the simple question Of guilt or innocence,
and only man favored an acquittal. Finally, all
agreed the verdict announced. Murder IN the Sec
Ond degree punishable by Imprisonment for Efe. and
Is defined as murder with intent to kill, but without
premeditatiOn deberatiOn.
The only witness IN the case yesterday was Deputy
Coroner William T. Jenkins who merely called 10
say that the wounds Carrie Brown might have been
made with the right hand Then Frederick b. Houso
| arose to sum up the for the prisoner. He had
left a sickbed to do his utmost for the client whom
his had assigned to defend and he had nerves
| himself up for supreme effort. His speech was
all by earnestness overpowering earnest-
ness and evidently made deep effect the spec
taor and Jury After an Introduction about the prs<
oners right to Justice at the hands Of the jury, and
tribute to his associates and 10 the experts for the
defence who had offered their services knowing that
they would receive no pay, Mr.. House plunged into
| the case proper. lie said
| Mr.. Wellman took the Sixth Commandment for hia
| text. Thou shalt not KILL There another CONS
mandment, which he said nothing about. 1t was
Thou shalt not bear false witness against thy neigh-
bOr.' And there is another which says: Thou shalt
not take the name of the Lord, thy God, In van."
| Reeking perjury from the slums of the Fourth Ward
bac boon arad bara with ON
| hesitate TO lie. Gentlemen what Is this builo
upon Circumstantal evidence of the most unsatis-
| factory kind Where IS the who went upstairs
in the East River Hotel with old shakespeare the last
| time she seen alive. When he went up he passed
| out of sight No knows where he went or where
| he IS He has disappeared completely as If the
| earth had swallowed him up"
Mr. House attacked the methods of the detectives IN
| working up the case. and said that no witness had
testified that "Frenchy" had slept in room No 33 on
April 23.
| Court was adjourned while Mayor Grant Recorder
Smyth and other members Of the Sinking Fund Com,
mission held a meeting the bench.
After recess, Mr.. House spoke until 80 o'clock.
He said that motive whatever had been shown for
the crime, and that the expert testimony of the
cu0n was not ground upon which t. take mans Life
away.
Distrct-AttOrney DE Lanoey Nicoll then closed the
case for the prosecution His manner was calm, and
had nothing Of the. passion OF Mr.. Houses. He
first referred to the of Ella Nelson, who
was recently acquitted Of the charge OF
murder and said that the jury should not be swayed
by any feeling Of sympathy for the prisoner. II
should decide the evidence alone Mr.. NtcOll went
carefully over the testimony and declared that ths
preponderance Of the evidence in favor OF tha
pr5 ,ccution "FTenchy" understood English
This was clear from the evidence Of several Of tha
women Yet the prisoner pretended he knew not a
word Of the language. The prosecution placed its
chief reliance on the expert testimony about the blood
stains It was alleged that this was untrustwothy.
II it was where could the prosecution get emil
nent witnessesl
The Distrct-Attorney said that his side had been
compelled To call number Of witnesses Of low
character because the prisoners associates had all
been persons of this class. Robbery undoubtedly
one motive for the crime tie old wOmans dress
pocket had been turned inside out 3" "Frenchy' had
left his room TO enter that of Carrie Brown. They
had quarrclled and Frcnchy.7 a hah savage whe
placed small value human life. had killed her and
stolen her money. Mr.. Nicoll spoke two hours and
twenty minutes. At ) 10 p. NJ, recess taken
for TN hour.
At the evening session Recorder Smyth In clear
measured tones made his charge 10 the jury. lie
said that the law made no distinction account Of
race or nationality. The prisoner entitled to tho
same consideration that would be shown citizen
Of this country The Recorder then asked the counsel
for the defence If they made any allegation OF ex-
cusable iustihab,e homicide. Mr. Friend refused
10 saw whether any such allegation was made, and
this netted Recorder Smyth a little. He intimated
that fairrntnded counsel would the of tho
Jury and court by admitting undsputed facts, and
said sareaSueally At least two Of the three counsel
for the defence will admit that Carrie Brown Is dead.
II you decide tina. she Is still alive of course, thai
ends the case"
There two kinds OF evidence upon which the
prosecution reed-direct and circumstantal. The Re-
co,da Hp
that Carrie Brown had been found murdered that tho
prisoner had slept in the East River Hotel on ths
night OF the crime; that several women To
Ing him with old Shakespeare on the day previous
10 The killing that the prisoner arrested that
blood found his shirt, his stocking and undcs
his finger nails, and that the experts for the prose-
cutlOn testified that this blood contained fluids from
the small ntestlnes Of "A mammal, which found
also IN the blood the bedclotles on which Carrie
Brown was murdered