New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-21

THE MEN WHO SET ELLA NELSON FREE.
TALK WITH RECORDER .sMYTH ON THE

TALK WITH RECORDER sMYTH ON THE
VERDICT AND WITH A JURYMAN.
The verdict acquitting Ella Nelson. who accused
~ the murder Of :. l.. NJ. Post. with whom She had
heen living, caused surprise which had not abated
Yesterday among those connected with the Her
counsel had tade earnest efforts before the trial
began 10 obsn the acceptance OF plea OF guilty OF
,nanslaugheI in the first degree, but Mr. Nlcou was
unwilling to consent 10 the plea The verdict was
ppparently Unexpected by the womans own lawyer
Recorder Anyth. in discharging the jurors had ex-
r,ised them for the night and two or three OF them
.rera At the courtroom yesterday morning, thinking
that their presence would be required at that ume.
The court however, not opened, and Recorder
smyth did not visit the building.
Charles II. Meade one Of the jurors who was at ue
courtroom Yesterday said that the verdict was rem
nered on the evidence alone. He did not think That
sentiment had anything to do with II. one OIL inc
Jurors however, expressed different opinion. ne
saia that he himself In favor OF conVlcuoh io'
q time and did not yield until the others voted ior
acquttal. When the jury retired i've OF theih "erc
for conviction OF offence, and seven were lOr AZ
mutual They discussed the matter for time, ana
then sant for Posts ante-mOrtem statement lheIe
WAS no direct charge i'll the statement that the woman
fired the shot Post simply said that he heard bdns
bang ~ and that Inc was shot.
The Jurors rejected the testimony Of Mlchaels Oh
the ground that he was unworthy Of belief. one
u
and the unanimous verdict was finally reached. me
Jurors agreed not to make any disclosure 10 their
elaboration but this statement Of the proceedings III
the juryrOom was given by Juror who was IN
willing TO have his name mentioned. No explanation
was given as why the testimony OF the p0heelh'''
which was strongly against the woman, was dlsrc-
garded.
Recorder smvth said in reference 10 the verdict
sIt would be inappropriate for TRIAL Judge TO crtcise
the action of tn jury E"ery juror accepted had
first been examined under oath Each one said that
he had 40 cOn-ciontou, scrupics against capital pun
ishment and knew no reason Why he should mol be
impartial Each said that he would make no dis
function between q man and "a woman in such d case,
and would requl,, no more evidence 10 convict a
woman than 10 convict man.
All the Jurors sad that the satisfied that
the crime charged had been committed they would 50
find The case well prcpiNsd by Assistant DIS
trict-Attorney Charles Z. Smns. j.. who Is bright
young man. and II clearly and ably pre>ented by
Assistant Distrct-Att,rncy Welman. who conducted
q searching crlss examination Of the defendant The
court instructed the jury carefully to the law The
jury rendered the verdict Of not guilty. In 80 doing
they exercised power which IS their special plel0Sa-
tive IL wa, a matter between their own cCnscences
and their God as to verdict they should render.
II is 1ot for me u SOS anything more at tbs time
The testimony at tn trial against the woman seemed
pvery he iging ~ eseVItness testified ~ the ming
OF some o. The shots The police officers heard eA-
pressOns tat might be taken as partial CONCESSIONS
ana an ante norton statement bore heavily against the
accused woman. The only contradiction to all this
evidence Was her own statement. IN which she said she
could lot remember tine occurrences u the evening
after TIC lgst shot wcio fired
The jurors who gave tins verdict were secured after
many had been examined and rejected OF the
Jurors we've not examined 20 their places OF resi-
donce> their Office addies IS The names. addresses
and occupations disclosed in the examination,
were
David Keller, ieweler. No. eO5 East siXteth-st.,
foreman.
Wesley VI. Burke, furniture, ~ 2067 Third-ave
Isaac TOllas. Cigar dealer. VINO mad no Office.
George Webster. carpenter
Joseph Ii. Lippe carriage builder.
Charles II. Meade. silver POusher. No p BarrOwst.
Joseph Dunlop, dry goods clerk, employed Dy Arnold.
Consts bic d Co.
Eugene +. Coates, painter.
william r. Ncubergcr. travelling salesman for
Rotbschld Brothers ~ CO.. Broadway and Howard ST.
IOuls SchWagcri, restaurant keeper, Eighhaye, be
tween Twenty ninth and Thirticth ST..
Ferdinand V Morrison, coal dealer, No 2,GO3 Third
ave. ..,- ~. o-o ,,-..,
Patrick 5. Russell. butcher, No 80 Bleecker-st