The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-04-18
FATE WITH TIE JURY.
Heslin's Trial All Over and
the Twelve Good Men
Deliberating.

| the Court of Sessions to day. AS this edi.
tion of THE JERSEY CITY NEWS goes to
| press the jury is out deliDeratiDg on the
verdict.
YESTERDAY AFTERNOONS WORK.
When Court reconvened after recess
| yesterday, Police Captain Kelly OF the
| Second preclncU took the witness stand.
Before he began to testify, the wife OF
| Heslin entered Court bearing in her arms
| her babe which was born while Heslin
was in jail. The prisoners father and
| mother were also in Court.
Captain Kelly related that be was noti-
fed that a man had been killed and he
went to the house where Schmidt was
injured. Here Cry boski identified Heslin
positively as the man who had been in
the hall Captain Kelly then arrested
Heslin. Heslin was taken before Schmidt,
who as soon as he saw Heslin said:-
tThis is the man."
City Hospital, Schmidt said that he was
not SO positive that Reslin was the man.
Captain Kelly was not cross examined.
sTAPLEToN's STORY.
John Stapleton of No. $50 Henderson
street, the fifteen-year-old boy who was
arrested as an accomplice of Heslin, but
discharged soon after. was the next Wit
ness. eswora positively that ne did not
see Hesiin that night, and that be did not
see Schmidt throw any water on Heslin.
did not you tell Captain Kelly that
you saw Schmidt throw pail of water on
Heslin, and that he threw something
back ar Schmidtf'
Ex-Judge Hoffman objected. The
Court allowed the question and granted
an exception. Stapleton then replied:-
s'No, SIR"
Joseph Heslin, eleven. wears old.
brother of the prisoner, was next called
as witness. He testified that picture
man had Eeaten him one week before
January /, put said he did not tell mis-
brother OF the beating until the next day.
He told John Heslin that the picture man
had taken him by the ear.
DOCTORS DISAGREE.
DIR. Jelliker of the City HOSPITAL testi-
fed as to the admission OF Schmidt to the
hospital. His forehead was fractured.
On January an operation was perform
ed and on the next day the patient SEEM
ed better. but on the day after menin.
glttis set in. There were no symptoms
# meningitis when this operation WAS
performed.
DR.. /. N. Quimby, who conducted the
operation on Schmidt, contradtcted DR..
Jellikerf and said that there were symp-
toms of meningitis before the operation
was performed. Death, was caused by
the fracture of the skull.
County Physician Converse testified
that ne made post mortem examination
of Schmidt and found that the skull had
ieen f.actured. de also found meningi-
tis. Death was caused by fracture of
the frontal bone
This closed the case of the State, and
ex-Judge Hoffman requested Judge Lip
pincotI to discharge the prisoner, because
IL had not been proven that Heslin had
committed the crime.
THE DEFENSE.
Judge Lippincott refused to ia ke the
case from the jury, and Counsellor Simp-
son opened the case for Heslin and out
lined the defense, which was an attempt
TO prove al alibi. The counsellor dwelt
with eloquence on the fact that Heslin and
Schmidt had been friends for several
years, and declared to the jury that the
State had not shown a particle of motive
tor the crime.
Hrst witness called. In his own behalf
ne testified that he was married and lived
on the top floor of the house where his
parents lived. His business was that of
truck driver
"On New Years Eve at half past six
O'Clock went to the house of my wife's
aunt on Railroad avenue near Brunswick
street. Stald There until fifteen minutes
past eight when went to another aunt's
on Morgan street and l staid there until
fifteen minutes before one O'Clock. /
know the time because I had been play
ingscards with my brother-in-law and he
said that it was time to go home. looked
st the clock and we went out. l walked
with him to his house and then went to
my own house and went to bed MY wife
and father were home. The next
morning Captain Kelly arrested me after
Pc Iisir man told the Captain that Twas the
man, When was taken before Schmidt
he said that he thought his assailant was
a stouter boy. Ibid not go to the room
where Schmids was hurt. / did not
throw anything at Schmidt that night.
/ was not In the nall as it has been
claimed"
HIS STORY UNsHAKEN.
Cross-examined by Prosecutor VIM.
field, witness said he had. during the
night in question. drunk part of two
pfnts of beer; he was not intoxicated. He
denied tnas he had fight with one Con-
way while near the Erie Railroad and
striking him with piece of coal.
Ann Dempsey, OF No. 1873 Morgan street,
amt of the defendant, testified that she
was positive that it was fifteen minutes
before one O'Clock when Heslin left her
house to 60 home. She knew that it was
the night before New Years Day because
the whistles blew.
Patrick O'Connor testified that he was
at Mrs. Dempsey's on the night in ques-
tiou. He corroborated the other wit
nesses.
Mary Heslin, wife OF the defendant, tes-
tilted that she had been married fourteen
mouths and had one child. She said that
when her husband returned home the
night in question it was from twenty to
thirty minutes past one O'Clock.
ToDAYS'S SUMMING UP.
Heslin had u more cheerful expression
on his face this morning when he entered
court TO hear the lawyers sum up the
evidence and argue it, The testimony
Yesterday afternoon was 80 favorable
to him that he had gained confidence,
and the eloquence of counsel was not re-
fiected on mis- countenance, although he
was a very attentive listener. His wife
was mucn more affected by what was
said AS she sat near the east side of the
court room, fondling her baby. her face
reflected almost every sentiment uttered.
When Ex-Judge Hogmann with his
old-time eioquence would present what
appeared to be tnconIrovertible facts,
proving the innocence of her husband.
her ewes sparkled mud her lips parted
with smile and she acted
as IL it was a certainty that John would
go home with her and his child. On the
other hand, when District Attorney Win
field. with his forcible rhetoric lashed
the defendant without mercy, her lips
Quivered and her cheeks turned pale.
JUDGE HOTFMAN'S ADDRESS.
The summing up of ex-Judge Hoffman
lasted more than an hour and during his
remarkable speech the court room was
death-like in its silence. no sound being
l. b -