The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-11-14
LINGO IS AT LIBERTY.
The Negroes Second Trial Results
in an Acquittal.
THE JUDGE ORDERS HIS DISCHARGE

The Defense presented NO Iestl-
mory, Judge Garrison Deciding
That the State Had Failed to Es-
tablish the Prisoners Completely.
CAMDEN, N. j., Nov. 14.-Frank Lin
go's second trial on the charge of mur-
dering Mrs. Annie Miller came to most
abrupt and sensational ending Saturday
afternoon, when Supreme Court Justice
Garrison took the unusual step of order
ing the jury to acquit the prisoner. 1t
was shortly after the afternoon session
had opened when the state announced
that 1t would rest its case Counsel for
the defense Immediately moved for the
release Of the prisoner, on the ground
that the evidence presented by the state
was insufficient to hold him.
Justice Garrison held the same view of
the case as did the defense, and ordered
the jury to acquit Lingo.
The testimony taken was merely cor
roborative Of what has already teen pre-
sented, no new points being brought out.
After unimportant testimony by Sallie
McMenamin apd Miss Annie Lafferty, of
Collegeville, Pa, and Jacob Fish, the
pioptIuliol was dlioWcu w iptNh tho Va
pert testimony of DIR. Formad as pre-
sented at the first trial.
Motion to Acquit the Prisoner.
The jury was sent out of the room and
Lawyer Harmed, of the defense, made
the motion that the court charge the
Jury to acquit the prisoner. He cited
several principles of the common law
protecting the rights Of persons accused
OF crime.
The first principle to which he called
attention was that the law presunes the
innocence of the defendent unless he be
proven guilty.
The second was the burden of proof.
He maiAtained that a man could never
be presumed guilty unless there was abb
Bulute proof.
He cited as his third principle the rule
of law in homicide cases which relate to
motive. He held that SO far the crime
alleged against his client showed no
motive.
He qoted authority to show that the
proofs adduced in a case of murder must
be such as to be completely incompatible
with any hypothesis of the innocence of
the prisoner.
Continuing, Mr.. Harmed said that he
believed that the hanging of Lingo would
be judicial murder. He dwelt strongly
upon the improbabilitv of Lingo being
able to commit the crime in the time in
which the state alleged, and declared
that upon the evidence submitted Mrs.
Miller was not killed in the bush lot, and
unless it is proven that the murder was
committed where the body was found
the states case must fall. He claimed
that the state had utterly failed to con-
vict the prisoner, and he believed the
Il. -. Il.
q verdict Of not guilty.
Prosecutor Jenkins said 1t was the
duty Of the state TO convict the prisoner
II there was evidence sufficient to prove
his guilt. He could not see why the de-
fense had asserted that John Miller
killed his wife. He had been perfectly
fair in the trial and had done an UNI
heard of thing in giving his case to the
defense.
Ex-Judge Wescott, senior counsel for
Lingo, said the prosecution assumed
things that were physically impossible.
Judge 0Rrrison's Charge.
After q recess Of ten minutes, during
which time the jury returned to the
court room, Judge Garrison said: "The
motion made by the defense is that the
court direct the jury to acquit the
prisoner. The states case Is first, that
Mrs. Miller was murdered in the bush
lot; second, that the murder was com.
mitted by a negro, and that negro was
FIancis Lingo, the prisoner at the bar.
ION this motion cannot assume that
the murder was committed in the bush
lot, but must assume, as the state puts
1t, that Mrs. Miller was murdered. The
whereabouts of the negro requires con
siderable investigation. The court then
3 went carefully over the evidence show.
ing the whereabouts of Lingo and OF
Mrs. Miller on the fatal day and that il
would be impossible for Lingo to commit
the crime according to the states evi
dence He further claimed that tho statt
had proven an alibi for Lingo.
The Prisoners Discharge Ordered
Continuing, Judge Garrison said thai
after months of careful consideration he
was forced to conclude that Lingo wa:
innocent, and he was compelled to order
the prisoner discharged and to direc
the jury to bring in a verdict of acqui t
tai
When Lingo walked ont of the court
room free man, after two years of con
6nement, he was quickly surrounded by
curious mob. He said: II knew Td
get free, because am an innocent man
never had anything to do with the kill
ing of Annie Miller and it has been al
outrage to keep me in Jail so long"
Judge Wescott was overjoyed will
the outcome of the trial, but had littlt
10 say, excepting that he was confident
Of his clients innocence, and didn't SET
how anything but acquittal could CONF
put of the case with "a fair trial.
Lingo has made an engagement witt
Philadelphia dime museum, and is nov
pn exhibition.
MERcHANTyILLR, N. j., Nov. 4.-Ai
Indignation meeting was held in thl
Town hall yesterday afternoon, at which
resolutions We're adopted denouncint
Judge Wescott, Lingo's counsel, sympa
thizing with John Miller, and di lapprov
ing the abrupt ending of the trial. An
pther meeting will be held tonight.
Robbcr's Reid attemnt