The record-union., 1891-01-23
NO VERDICT.
"Yorkey" Moynahan, the Hackman,
Must Be Tried Again.
The Jury Stood Six for Conviction and
Six for Acquittal-Testimo
Taken Yesterday.

The trial of ''Yorkey" Moynahan, the
criminally assaulted and robbed Mrs.
Rains in September last, was resumed
before Superior Judge Van Fleet and a
jury yesterday morning.
Police officer Campbell was called as a
witness for the prosecution, but he did
not respond, and the court was informed
that the officer was confined to his bed
with sickness.
The prosecution then rested.
Moynahan was not placed ON the stand
III his own behalf, and the only other evil
dence he offered was to show that Mrs.
Rains was drunk at the time she was
alleged to have been assaulted, and there
fore her testimony was not credible.
Mayor Comstock was on the train with
Mrs. Rains, and she tried TO engage him
in conversation, but he paid no attention
TO her on account of her condition.
PLEADING FOR MoYNAHAN.
The arguments Of counsel were then
heard. Hiram w. Johnson, who ap-
peared for Moynahan, made an eloquent
appeal to the jury for the acquittal of his
client. Ne declared that it would be an
injustice TO send IA man TO prison on the
testimony OF woman Of Mrs. Rains
character. Hedeclared that she was ire
spCnsible and not competent witness,
on account OF her weakness for intoNicaI-
ing liquors.
District Attorney Ryan argued for the
people, and stated that he only asked the
jurors TO do their sworn duty in the mat
ter. He considered that the charge o1
grand larceny had been substantiated
It made no difference whether person
was drunk or sober, nobody had the right
to outrage and rob them
THE CHARGE.
Judge Van Fleet. in charging the Jury
first defined the crime of larceny, both
petit and grand. The defendant had in
terposed a plea of not guilty to the charge
against him, and that put the burden
upon the people of proving his guilt. The
Judge defined the provcrbial reasonable
doubt" and said the jury should weigh
the testimony well, so as to arrive be-
yond that doubt. Unless the jury was
satisfied to u moral certainty OF the gUilt
of the defendant, it must acquit him. The
condition OF the prosecuting witness al
the time of the alleged crime should also
be taken into consideration. A defend
ant III criminal action cannot be com
PEELED to be witness against himself
and his refusal or neglect should not pre-.
JUDGE the jury against him. In conclu.
sion, Judge Van Fleet said that drunkeI
person was entitled to protection just as
much as sober one, and the jury car
only consider the condition of proSecut-
ing witness in so far as it might affect he,
credibility.
COULD NOT AGREE.
The jury retired at $3.50 p. NJ. and re.
manned in consultation for about an hour
when word was sent to Judge Van Flee
that they wished to come in.
The crowd OF hackmen, politicians and
others OF Moynahan's friends rushed fol
the courtroom and waited for the verdict
But they were disappointed
"Gentlemen of the jury, have you
agreed upon verdict" asked Clerk
Jones.
'.Your Honor" said Foreman kellogg
addressing the Court. sit has been impos.
slble for us to agree upon a verdict
why, what did you come in for?''
asked the Judge.
We'll, we wanted to make our report. y
Take them back again, Mr.. Sheriff, .
said the Judge impatiently. ''They have
hardly had time to discuss the matter
thoroughly"
NO vERDICT.a
The jurors marched back to their dingy
little room and discussed the matter oyel
again. Ballot after ballot was taken, bu
| they got no nearer an agreement A
| first they stood nine for conviction anG
| three for acquittal, but later on those fol
acquittal gave way one by one, until th,
voting stood six for conviction and si1
for acquittal.
After several hours deliberation the
twelve men decided that they could no
agree and once more sent for the Judge
The vote still stood six to six.
Judge Van Fleet evidently realized tha
to keep the jurors out any longer woull
result in no good and discharged them.