The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-10-03
ELLISON FOUND GUILTY.
FIVE YEARS IN STATE PRISON TO
BE HIS PUNISHMENT.

~
SAINT In the Second Degree. Second oasnes
Ellison Said to Have Felt Relieved that
tho Finding w.s Not worse-He wept
While Lawyer Brooke was Pleading for
Him-Stress laid by Recorder smSth
Upon Eu,son's Admission OF Perjury-
Thanks 10 tho Jury from the Court-An
Application for Now Trial II Msde.
After trial which lasted one day moro than
one court week. the jury In tho Ellison
case, at one minute past midnight
this morning. after having been oue
for two hours, returned verdict
finding Frank Ellison guilty Of assault in the
second degree. second offence The sentence
upon this finding must be Eve years. the max
imum sentence being imposed BY the statutes
in tho case OF conviction on second offence.
Only an hour Of the morning session OF the
court was devoted to tho taking OF testimony.
the balance Of the morning session and all OF
tho afternoon being consumed by counsel In
summing up.
Nearly two hours OF tho evening session
were occupied in the delivery Of the charge to
the Jury by Recorder Smyth. and the remain
ing time to midnight was passed by the
locked-up Jury in consultation.
Tho first indication that the ju1
were near an agreement was when. %
1l.oO, tncT6 Wuo u buolio Vusbluo tuS
court room. tho lawyers began fockina
in from the corridor. and Ellison was
brought from the prisoners pen to the bar.
Mr. Brooke accompanied him. and Mr. Well.
man and Mr.. Osborne also came into the
court room.
At II :3S tho Jury we're brought in. and TIVE
minutes later the cry Hats Of in court" an.
nounced the arrival Of the Recorder.
The purpose Of It all was disclosed when
Recorder smyth said he had received COM
munication from the jury. in which they asked
this question::
whether the attempt to Kill can be formed during
tho time OF the assault. requires generalization.
II will answer this question" the Recorder
said. "by reading to you the decision Of the
Court OF Appeals in the case OF the People vs.
Conroy. which have previously mentioned to
you"
He read the opinion at some length. The
gist OF the quotation and Of Recorder smyth's
added remarks was that It was enough that
the intention should precede the act.
Mr. Brooke sought at once to break the
effect Of these instructions by asking the Re.
corder to charge that there must be delibera.
ton, but the Recorder cut him short. sayings
II have already covered that Tho jury will
retire"
It seemed evident to all that the jury's
question presaged verdict Of guilty. and that
It was only q question with them then as to
the degree.
The proof came In 0 very little while. At
just midnight the jury returned. At 1904
the Recorder took his seat Tho JURORS an.
swered to their names, and the Clerk asked
the statutory question.
"Gentlemen OF the jury have you agreed
UPON yerdict2' - .
Without answering directly, the foreman
= "a kI~nA khnxv Ha,r khn IA
PENDANT guilty OF assault in tho second degree.
I'm the case Of the People against Ellison"
the Clerk cried. "the jury ind the defendant
guilty Of assault In the second degree. second
offence"
Mr. Brooke asked that tho jury be pollsd.
and each man indicated that this was his find
ing as the names were called.
Tho Jury are dismissed" tho Recorder
was saying when Mr.. Brooke jumped up.
Task for new trial-"he was beginning.
You will wait until have dismissed the
jury" the Recorder said. plscidly.
Mr.. Brooke sat down. Recorder Smyth then
dismissed the jury.
You are entitled" he said to them. to tho
thanks Of the Court for tho plain and honest
manner In which you have done your duty"
The jury filed out. and Mr.. Brooke made hiQ
motion for an arrest Of judgment and new
trial
II can only make the motion upon one
ground" he said, "and would like to have
time to prepare my reasons"
II understand that" the Recorder said drylys
but you may wish to elaborate that"
Mr.. Brooke was ordered to serve o CODY OF
the reasons upon tho District Attorney By
Friday. and the motion is to be heard by the
Recorder on Monday next
Ellison seemed by the time the jury finally
got In. to have discounted the verdict and ale
though. when 1t was announced. there
was hardly o change came over his
face to indicate his feelings. yet 1t
might fairly be gathered that he was relieved
that 1t was no worse He certainly did not
smile. but he did not look more worried than
he had during the hours OF waiting while the
jury were deciding his fate.
The last day OF the Ellison trial concluded
abruptly and unexpectedly. 80 far as testl-
mony was concerned. The defence withdrew
from its programme Of recalling Mrs. Eeame.
and the prosecution did not call. as 1t was ex-
pected 1t would. number OF witnesses In re-
buttal. The prosecution did make an effort to
rebut the strong testimony for the defence
given by the New Haven hotel keeper. Pro-
kasky. but 1t met with signal failure. all the
more noticeable because the District Attor-
ney's office Is usually accurately informed az
to the testimony to be given by its witnesses.
4
Beach Hotel. was called by the prosecution
to discredit Prokasky. But the Witness after
q long elaboration. fatty stated that he would
believe Prokaskey under oath.
Surprise and disappointment were expressed
among the unusual Jam OF spectators when
tho routine proceedings Of the trial were be-
gun without word being spoken. not even
distant Glusion being made. TO the incident OF
the toddles enjoyed by two OF the counsel for
the defence and three OF the jurors after the
adjournment OF last Friday evenings session
OF the trial. The incident might never have
occurred 80 far as any visible sign In the court
room was reminiscent OF It yesterday. Eu.
that the today incident is to DO the spbject OF
some motion to DO made before Recorder
Smyth IN the near future. Bur. although the
proceedings were without Eeiersncs to the In.
not without reminder. During Mr.. Brooches
summing up messenger boy gave TO Or.
OSuliivan u despatch from friend In Pough-
keepse (which read as follows:
Did you have a dolchooephoic or brochyceph1lo
head Saturday morning. Did the jurors take y little
miStriai in theirs or did YOU
Evidently DIR. O'Sullivan's telegraphio cor
respondent Is familiar with the terms the med