The sun., 1891-06-25
NOW DIR. DEPEW MAY SAIL.
AND HE MAP TAKE HIS FELLOW d.
RECTORS WITH HIM If HE CHOOSES.
Judge Van Brunt Directs tho Acquittnl OF
All but President Clark, and the Jury
Acquits Him ON its Own Account-Mr.
Nlaoll Loses His Case and HIS Temper.

Acquits Him ON its Own Account-Mr.
NiaoIi Loses His Case and His Temper
None OF tho twelve directors OF tho New
Haven Railroad indicted for n violation OF the
statutes In having tho company's cars heated
by stoves will spend his summer vacation in
tho penitentlary. Judge Van Brunt In the
Court Of Oyer aud Terminer yesterday. after
two days spent In hearing the testimony OF
witnesses. decided that there was no case
against eleven OF them. and that they should
no. have boon indicted. Whatever evidence
might be presented against President Clark
lie thought 1t flt that the jury should pass
upon. He ordered q verdict OF acQuittal In the
cases of the other defendants.
After four hours OF deliberation the jury de-
cided that Mr.. Clark was no more guilty than
the other defendanls. Everybody but District
Attorney Nicol seemed to be- pleased.
Dr. Depew was not in court whom the District
Attorney commenced his examination OF Will
liam C. Baker. tho inventor Of the Baker heat
Ing system. He came in shortly afterward.
looking cool and comfortable in last years
straw hat. an open waistcoat a white silk tie.
and a pair OF wide trousers somewhat bagged
at the knees. He sat at the table with tho
counsel and beside President Clark. Mr..
Nicoll looked hot and uncomfortable.
Mr.. Baker said that no had spoken to Mr..
Clark on the subject Of car heating. and Mr..
Clark appeared satisfied with the Baker sys-
tenn. and said that my change would involve Q
great expense.
William G. Rice Of the westin ghouse Com
rnny said that tho defendants. Clark and Reed.
had talked with him on the subject OF his heat
Mountain Steam Company testified that he
brought the system OF heating cars by steam
dent, Clark. who replied that any system Of
heating by steam would be un-afe; Al the
sSd M sSnws e.. S psors M '0
LAWYER Thacher moved tn9t tho Court
direct the ncaui t.l Of Leyerett Brainerd; He
that Mr.. Brailerd hal actively particiIated in
beating cars IN y!clation Of the law. In Illus.
Wach in n my % care md leave % It o" the is taUe
and some one steals It. lie would not try to
fSRyS e s Of e nsrer hs s ss n %s
ss Hf%es ss h' was
ssainst the motion until judge Van Brunt
Judge san to bTnnt M sd Sst the
not hss
ihe acts q its servan 6: but the servants were
@ pSration. n He 'f thought a'if thers was ' some ONE
slight evidence. as against the Iiee-presi.
to him Sufficient 10 justify its submission to t,
the Jury The testimony Of the witnesses
seemed to bo that GarS
manager who vas Iersonally, responsible to
mony that the road was ope,ratsd by the con;
ths Jury Try to acGuit the other defendants.
:, In addressips the Jury t9E the defence Mr..
ss 81 NJ
for which tho defendants were indicted. and
horror at the violation Of the law, he had taken
a @sH ous say asst ns
snse TO ask hs To- sonvs 81
that he sHcd ns b today to
ants. Of their influence as railroad officers,
and Of them generally as il they hey. considered
OF The defendants against whom even
vestiGe of evidence bad been presented
OF tho lot. He was man who worked hard
and worked all the time. and had no wealth or
S wtf H. h. aa %d s bsen IL
any case that no had so much trouble, to get
tried. Tho District Attorney ha4 pTt NJ ths trial
could not see what excuse there was for the
charge OF misdemeanor or the application to
that a III the civ Jury would see now nninir it was TO
convict Mr.. Clark on any such evidence Us had
When Mr. Nicoll rose to resp ond his face was
He He said that he considered. Sir Bcwers's de-
waving his hand dramatically. he said Il tell
you wv VICE rGmS n.ds 10 ms a,e Ga. wset
against railroad director. represe ntatives Of
the county must go down on their knee- and
apoi .gise before commencing action. We had.
IE'ea tors Are you 70 @ not a" ii md is9nstod With
sucn. ,travesty OF justice as suinea Corpora
"Jt Al the close OF Mr.. Nicolls address the Jury
and counsel stood up and Judge Van Brunt be-
his Sg hS hs Ssy %
s.ntutes In using tho Baker heating system.
The tunnel accident; he said. had nothing to
do with the mater they were to consider; tho
time. and therefore was permitted by the stat
ute TO any ont At M
about G:10 with list OF questions they wanted
fs rS o Tna ss Tast
said the question OF gniltiness did not concern
them, ,yhe question Of knowiedge was all that
t. to- know i II they found That the def endant knew
after the LAY 9 tho indcm.n5 sl TIA. !he cars
We6tr vi si e @a Tfff b sa The judge ssi
not neces- arily so. Then they, nske I lie had
ssS bs bs r he hsy nss% We're % told PfisTs s RS
slsansr%f ths rc8,l IN: Ia:t ,G.e.'ion WAS:
heapng ps ON on the the case ?" Ana tho answer was.
None. except ms YOU might Judge fem the
evidence tnlt III tnut position Ile WOulu HhVe
more know ledge OF the workings Of the road
than my other EN- rloyte."
Astor House TO supper. Mr. Clark .snt ia the
court room talking TO his counsel. who were
other directors loft the court. Tho iurv went
TO supper little after 2. and returned nm hour
room and announced their verdict OF ncuuittal
Mr.. Nico'l snld in tone loud enough for all
70 hear. Preposterous" NJ. BowsEs ,hnnked
thank the Jury. but broke down and went.
One OF the Jurors said nfterward that they
hnI taken ten ballts. On the ilrst ballot they
stood oigft 10 four for ac1uittal and on the last
before going TO supper seven to lly. Tor acquit-
tnl. The first after supper was ten to two and
tho next was unanimous.
George II. Morgan's VIII.