New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-25

follow that advice, instead of pursuing the old form
directing an acquitted
His Honors advice" was of course imme
diately taken by the jury and the District-At
torney consented to the dismissal Of the iudict
ment against Director Wilson G. Hunt, who ha:
not pleaded on account Of ill-health.
This left President Clark as the sole defendant
and after recess Mr. Bowers put him on the wit
ness stand His testimony was to the effect thai
hehad not taken an active part in issuing instruc
tions about car-heating or other mechanical de-
partments of the railroad work. On February
90, 1891, the day mentioned in the indictment
he was not in the State of New-York Mr.. Clark
was not cross-examined.
Mr.. Bowers and Mr.. Nicoll, in their addresses
70 the jury, briskened up the rehearsal Of the
evidence from their different sides Of the fence
by lively personal tilt. Mr.. Bowers declared
that he never in his experience had such trouble
in getting case tried as this he never had SO
many delays put in his way. He wondered what
excuse the District-Attorney had for bringing
such case TO trial
Mr.. Nicoll, when his turn came. said that he
was not surprised TO find himself the target oil
criticism. when lawyer has bad case
be added, he attacks the other side, and this Is
particularly so when the public prosecutor is on
the other side. am well accustomed to it, and
very little affected by it, as you see The bold
ness of counsel in that regard has reached a cul-
mination in the case of Mr.. Bowers. by whom |
am deliberately asked what excuse had to bring
this case at all. What right. he asks what jnsti-
fcaton have you for making any such trial 7"
Is not that the hyperbole of impudence? Excuse.
forsooth 1t has come to this in this country, that
when you arraign railroad president at the bar
Of justice. you have TO make an excuse"
olso 11riaf and he MT
Part Of it ran as follows:
charge you as a matter Of law this is a railroad
more than fifty miles in length and II Is immaterlal
~ iS or &c forty rd miles in this State charge as
matter of law that any such system OF heating as was
ming Of cars within this State with such system Of
heating violation Of the statute ii is proper
think to refer here to some me mGna maSs n e h
tunnel accident has nothing whatever to do with tins
case; and as counsel has talked about the tunnel
tunnel accident the Nev-York and New-Haven road
was not violating this law The train was not carry.
ing passengers, not passenger train, and they
had right to heat 1t with stoves. The question Is, In
regard to this defendant, trains heated by stoves
Of law, II is your duty TO convict
The Jury retired at a 30, and in an hour and
q half returned for instructions on some trivial
points. That they should have stayed out so
long was surprise; because there was feeling
ain the air" that they would convict Without
much delay. Their return for instructions in
dicated the probability Of disagreement
But they still fingered, and were taken out to
dinner. which possibly had soothing effect, for
they appeared in the courtroom at SAB p. H.
with q verdict of not guilty
Then there was a general commotion IN the
room The lawyers and jurymen mingled and
shook hands, and Mr.. Clark was heartily con-
graduated by his friends The Jurymen were
Teticent, but a Tribune reporter learned from one
of them that before going out to dinner great
number of ballots were taken, and that 1t was
found extremely difficult to agree, as several
jurors were very much opposed to returning
verdict of not guilty. The fact of the other -,
dictments being thrown out, the juror said, had
much TO do with the result.