The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1893-07-29
Us AN IMPOST'E!R.
The Jury's Verdict in the Oele.
brated Newly Case.
The Claimant to william Newby's Pen-
zion Is Declared to Be Dan Benton
The Judges CharRe-The Crime
and the Penalty Therefor.
A FAMOUS SUIT ENDED.

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
as the verdict was announced. The jury
retired at 2:07 Saturday afternoon and
in nineteen minutes they fled back into
the courtroom with their finding. 1t
was plain that an agreement, it reached
! at all, was not expected so soon.
THE PRISONER IS COOL.
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. Newly, who
was waiting in an ante-room, she was
strongly affected and gave expression
to her feelings in sobs.
THE JUDGES CHARGE.
j Judge Allen prefaced his charge with
a reference to pension legislation, say
ing it should he carried out to encour-
age the application for pensions by
meritorious old soldiers and to
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 d love
of jnstice and sense of duty as drawn
from the evidence. To establish the de-
PENDANTS 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.
tually and morally. He then briefly
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
J jury. The charge closed with the pre-
caution that the defendant must be
found guilty beyond reasonable
doubt.
The indictments against the defend
ant were for presenting false afidavits
for pension and for falsely imper-
sonating an old soldier for the purpose
OF defrauding the government of $780,
! 900 or over. Newly, supposed to be
dead. never received his discharge from
the service, and had he established his
claim he would have been entitled to
pay all these years The extreme pen
atty of the law for his offense is fifteen
years in the peniten tiarv.