The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-15
WEBSTER NOT TO GET OUT.
JUDGE ANDREWS REFUSES TO TAKE
BAIL AND TELLS WHY.

Tie Eight Jurymen who Voted for Acauit.
tai Inf0rmed that They were Net Trying
Goodwin and that They Disregsrded or
. Misunderstood the Judges Charge.
Ono Of the first ones to road the decision OF
Justice Andrews yesterday denying the mo.
ton OF Burton @. Webster to be admitted to
hail. pending his second trial for staying
Charles f. Goodwin. was EVELYN Granville.
who was in tho corridors before the courts
opened. She ran over 1t rapidly without be-
traying emotion and then went to the Tombs
to see Webster.
"The general rule is." said Justice Andrews.
that n prisoner charged with murder should
not be- bailed. unless ii appears to DO quite
doubtful whether the defendant Is guilty.
And the fact that upon trial OF defendant.
charged with murder or manslaugIiter. the
jury has disagreed. has been held to create
such doubt When. however. IL Is claimed
that the doubt arises not upon tho Inv. but
upon the facts. there is ma precise rule by
which II can be determined with absolute GER
tainty whether defendant should be admit
ted to bail. and every application for bail. un-
der such circumstances must be determined
according to tho fact shown In that particular
case.
1.-THE District Attorney strenuously opposes
the application. and states that he intends to
move the case again for trial ut an early day.
have therefore. examined with great care
tho voluminous record OF the trial. feel con-
strained to hold that tho defendant ought not
to be admitted to bail at the present time The
prosecution was conducted with vigor and
Judge who presided ut tho trial ruled correctly
upon most OF tho numerous questions which
to @ ed IL lis ears
III The 81 trial. however. occupied nino days, q
nj Of na Of mr. IN N an "a
cannot help thinking that. neutrality-suspicious.
the instructions given to tho jury by Judge
ms sas the a ssme V in Certain mpor
tant particulars.
.u2ns S.3 Ss his S to
the , 81 the merely a to
sSspidSr / r. was pe,aSsssSy INCLINED n he did ID
6e eu correct!y Instructed tie jury thst such
Rroy".cation II given by the deceased Ice did net q
Wn h ras s ee %s
throw the scusridor: was bound to retreat i no
s se te With sn tssy h The bsaSe lis h e
wit il safety; but in view Of bis own test imony
under which he fred tho fatal shot. it seems to
me that those Jurors who appear to have
crime Whatever and Voted to acauit him. must
Court. that the alleged propagation did not
Justify the shooting. or must have misunder-
stood the instruction OF the Court as to the
duty Of the defendant .,S to retreat, ,o,.n,,n.
In opening the defence to the jury. made
many charges against Goodwin concerning
matters which did not directly relate to tho
upon his moral character. and subsequently
Fl to s
Court The mere fact that such statements
fered. was certainly calculated to prejudice
the Jury against Goodwin. and to induce them
to believe that the question to be decided by
them was not whether Webster killed Good
win in self-defence. but whether Goodwin was
a, sort Of moral monster. the killing Of whom
should not be seriously regretted"
When seen subsequently, at the Tombs. Web
ster. who wore neglige shirt and light coat
and trousers. did not appear to be cast down.
Referring to the decision. he said he had not
reiterated before Goodwin for fear he would be
struck on the back OF the head with the GUS
pdor.
William F. Howe. his counsel. said that no
application would be made out Of the county
to bail him. II he Is not retired speedily an
Justice who happens to be In Chambers