New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-25
LAVE some
IL H-O for
breakfast.
- JIM BARKERS LUCK STILL WITH HIM
\ JURY ACoUITs HIM CT THE CHARGE OF MAX
ING MOONsHfNE7 wHISKEY.

| JURY ACoUITs HIM CT THE CHARGE OF MAX
ING MooHsHINE7 wHrsREY.
| Jury In the criminal br.fhch Of the United states
Circuit Court reached most extraordinary Verulc'
Yesterday when II acquitted ex Alderman James Barker
Of the charge OF violating the Internal revenue law
lie indicted for the technical offence OF removing
| to q place other than United States bonded ware
honse Atty four barrels OF distilled spirits The real
accusation was that he made whiskey In his vinegar
| factory In West Seventcenth-st.
When court opened yesterday morning Abrani
j. Rose summed up the case for the defence. Ills
chief argument that the principal witness for the
Government william II. Bogue. had contIi'dcted him
self on certain particulars and that consequently none
OF his testimony was entitled to any consideration.
The lawyer said that one was present when the
alleged conversation between Bogue and Barker took
place and that the accused mans denial should out
weigh BOgie's declarations.
Assistant United Stntes District Attorney John o.
Mott made able plea for q conviction. lie showed
that all the circumstances tegIded 10 prove Barkers
guilt. The prisoner had undoubtedly come TO the
Office If Dean & Co 10 engage storage room for 100
barrels OF socallcd vinegar Where were these barrels
unss fifty four Of them were those seized In the ware
house In GrrenwIch-st.7 Two hours after he visited
the Office Of the firm Barker appeared at fe warehouse
with "A trnck loaded with barrels. Yet he admitted
being a, the Office and denied going to the warehouse
Judge Benedict charged the jury briefly. lie said
b. pre- JUDGED by anything that they knew OF arser's
past life. lie said that II the prisoner caused the
removal Of the barrels ne guilty If he rolled
them the truck with his own hands.
At 80 O'Clock ID. Jury retired. An early return
With verdict Of guilty was expected but the jury
remained out all the afternoon After hour two Of
discussion nine were for aquittal and three for
conviction The minority tried 10 effect some kind Of
a compromise. but nothing Of the kind was possible.
Consequently the three gave In and at B 30 o'clock
word sent to Judge Benedict that agreement
had been reached. The Jurors filed into court and
In reply 10 the question Of tho clerk Mr.. Thornton
the foreman announced that the verdict "not
guilty Barker apparently tho most surprised
man In the room when Judge Benedict discharged him
from custody. He shook Police Commissioners Sheehan
and others OF his friends who were present repeatedly
by the hand.
On March u. 1891 Barker. AZ he himself admitted
went o the Office Of Dean Co. to arrange FOR storing
100 barrels OF vinegar IN their warehouse Two hours
later Barker arrived a. the warehouse with truck Of
barrels. Other loads arrived a. that day and two
days later. on Match II the hry-four barrels were
found 10 contain Distilled spirits.
This Ii BARRIERS second escape from deserved punish
ment lie was found guilty OF most brutal assault
on James Herman. but the General Term reversed the
v1ction and ljnrker will tired again lie
was for years IsnmaDy leader In the AIIIth Assembly
District.