Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1893-07-29
SAYS NE IS BENTON.
Tho Jury's Verdict In the Famous Nowby
Case Declares tho Defendant to be an
Impostor.

1ho ourys NerutCt IN the FAMOUS NeWby
Case Declares tho Defendant to he an
Impostor.
SPRINGFIELD, ILL.,, July 24.-"We, the
jury, find the defendant guilty" Those
were the last significant words pro-
nounced Saturday afternoon in the
Benton-Newby case. The crowd that
had gathered in anticipation of the re-
suit lapsed into almost painful silence
rs the verdict was announced. The Jury
retired at 2:07 Saturday afternoon and
In nineteen minutes they filed back into
the courtroom with their finding. 1t
was plain that an agreement, if reached
at all was not eXpecte ted so soon.
The defendant was closely watched
as to the effect of the announcement
made upon him. He did not manifest
any nervousness while waiting the
fateful moment and when the verdict
was read he showed the coolest indiffer-
ence, and there was no change in his
color or expression. When the news
was transmitted to Mrs. Newby, who
was waiting in an ante-room, she was
strongly affected and gave expression
to her feelings in sobs.
The jury, it is understood, took three
ballots. Upon the first they stood ten
for conviction and two for acquittal; on
the second eleven for conviction, and
on the third and last ballot there was
unanimous vote of guilty.
Judge Allen prefaced his charge with
reference to pension legislation, say
ing it should he carried out to encolr-
age the application for pensions by
tN.N..s Il L..
prevent fraud. Unusual interest,
he said, had been developed in
the case, and that strong feeling
had been wrought up was manifested
both in the courtroom and on the
street. The jury should not let this
enter into their decision, but should re-
turn verdict in accordance with a love
of jnstice and a sense of duty as drawn
from the evidence. To establish the de-
fendants identity in view of the con-
tiicting testimony of the witnesses
on either side was an exceed
ingly difficult and delicate mat
ter and demanded the exercise of
the highest intelligence. 1t involved
the judgment as to which class of wit
nesses was the more reliable intellec-
anu lie lltu DIltuY
stated the theory of the defense
that the defendant was wounded
at Shiloh, was captured by con-
federates, and finally found himself
in Andersonville prison. This theory
should be weighed in the presence of
the fact that the evidence did not show
that any of the other prisoners were
taken there. An important point to be
decided was as to whether a man who
showed the strength of mind accredited
to the defendant during his wanderings
through Ohio, Indiana and the south,
could have entirely forgotten his rela-
tives. The value of the alleged wife's
testimony and that of the physicians
regarding the defendants physical
ability must be decided alone by the
jury. The charge closed with the pre-
caution that the defendant must be
found guilty beyond reasonable
doubt.
Those who have watched the progress
of the case have generally found it
difficult to arrive at a judgment salts
factory to themselves. When the pros
ecution had concluded its testimony
several days ago there was strong
leaning to that side, but the army of
relatives, comrades and acquaintances
from White and adjacent coun-
ties swung the majority again to
the side of the defense, and it
is safe to say that five to one believe
that the defendant is Newby. For the
great majority of those the verdict has
no effect in changing their opinions.
They believe yet that the defendant is
the original William Ncwby and each
has his own theory to support convic-
ton. 1t was generally supposed that
the jury would hang, while many had
staked their verdict on an acquittal. A
verdict of guilty so readily reached was
not anticipated by anybody.
The news spread over the city rap
idly and became the sole theme of con-
versation once more. The witnesses
gathered in large crowd outside the
doors of the federal building and dis
cussed the situation. Those who had
no active connection with the trial did
the same thing on every street corner.
Many were bitter in their dcnuncia-
tion of the jury and even criticised ad-
versely the attorneys for the prcsecu-
tion LOT IHeir puTt III tne JrldI. One
witness grabbed the arm of District
Attorney Shut and made compro-
missing remark which was quickly re-
buked by Mr.. Shut 1t was suggested
by one or two of the bolder takers that
the jury be hanged in effigy. The de-
fense has already entered Il motion for
another trial and the motion will be
argued Tuesday. Sentence upon the
prisoner has also been deferred until
| that date.
The indictments against the defend
ant were for presenting false affidavits
for a pension and for falsely imper-
sonating an old soldier for the purpose
| of defrauding the government of S2O,-
600 or over. Newly, supposed to be
dead. never received his discharge from
the service and had he established his