New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-04
NEWS FROM NEW-JERSEY.
CLOSING THE FALEs CASE AT NEWARK

THE JUDGE WILL CHARGE THE JURY IO-DAf-
ARGUMENTS OF THE Council
The summing up in the trial Of Robert Alden
Fales the sxeenyear old murderer Of Thomas llaS1o'
took place yesterday. and this morning Judge Depuo
will deliver his charge to the jury. Mr. McDermo''
In opening for the defence said the trial was proDaoS
the most important criminal trial ever held IN h'scA
County lie referred to the youth Of the prisoner ana
said that the court would lay down The principle OF
law that the jury in order TO convict the boy niuS'
be satisfied that at the time OF the commission OF te
crime he was able TO distinguish between right anu
wrong. DR.. DraytOn. he said. had tes'ihed ',''
when controlled BIZ dominant idea ana WIN "'0
the influence Of il not reSponsibf lor MS aus anu
was unable TO control tbs impulses created by the ica
c,ntinun, he said there could be only one verdict
and that acauItta He then scored Dr. HnckN' inc
insanity expert for the state, said the pfC'''"''o"
exp,r testimony was unworthy and prejudcef, called
ON the ury 10 consider carefully the defendants acuoS
since the commission Of the crime, and said nS 'he'
as entitled TO every possible doubt. After referring
~ The two falls that Fales had had during his life time
and IN the fact that his father had committed suicide
Mr. McDermOt closed with strong appear ior HIS
client. ExJudge Henry, his associate counsel ''o"
made a strong and eloquent appeal Tor 'he So"'s
murderer. lie cOnended that the burden OF the Pooi
on the question Of sanity rested with the state ana
the State had not proven that Fa!cS was sane JuoSc
Denue differed with him. and held that the burden OF
proof rested with the defence to show that faleS Is
insane. Judge Henry then referred TO the prisoner
good character previous TO his present trouble ana
said it was not possible Tor good sunday schoo Doy
TO plunge at one step into foul murder If he were
sane.
Assistant Prosecutor Hood In closing for the prOsecu-
ton devoted most Of his address to the legal side OF
the case defining the evidence from legal standpoint
IL was not question of the sympathy uieN sHOu,,
extend TO the poor mother. OF the charity tn"S so"u
extend TO the bad boy: ii was II question a. 10
whether the defendant was guilty or not. ii pardon
was 10 be extended he said, the laws OF the staie
provides for il. II clemency i 10 be extended thls
cOnrt was the proper place to look for It, lie Sid
they must do one of two things, convict OF murder III
Inc first degree or acquit, else violate their oatls
The Plymouth Rock Benefit Order, about the last
OF the get rch.QuicI" concerns In this city, Is IN
trouble and bookholdcrs anxious to find the men
who have been managing the business. one OF then
named Roemer left town couple Of weeks ago, Dhl
the other Edward II. Webster. seen In town
Wednesday night though he could not be found yes
terday His wife said she did not know where he
WINS For any Information concerning the order, she
said the reporter would have to 60 to Boston. where
fhe home Office Is. 1t is said that the concern mas
issued about 400 books In Newark on winch tncy
agreed 10 pay 800 each soon as INC hoder hau
maid in SO. 4 number Of the bonds have Just ma
tnred but the holders have been unable to get their