Waterbury evening Democrat., 1893-12-30


 his sanity, nor is it sufficient upon the doc Urine of chance. It is more probable that he was sane than insane.
 You must go further than that and al- though the preponderance of the testimony may incline you to the belief that he was sane at the time he fired the fatal shots, and even if there is more testimony given to show his sanity than his insanity, still if you have any reasonable doubt as to whether be was sane the law gives him the benefit of that doubt, and your verdict must be accordingly.
 'If the jury believe from the evidence that the defendant was laborinR under a delusion that 1t was his dFrs to mankind to commit tine deed for the benefit of man. kind, and to prevent the slaughter of in dividuals on account of the railroad tracks not being raised, and that he, the defend ant, believed in his delusiou at the time of the killing, you must acquit him, provided you further believe from the evidence that at the time of the shooting of Carter liar rison the defendant was under the impulse of such delusion to such an extent that 1t was uncomfortable by overriding the req son and judgment, and obliterating the sense of right and wrong as to the act done, and depriving the accused of the power of choosing between them"
 Before the adjournment of court Mir. Wade made the usual application for a new trial, and the judge announced that he would hear a motion to that effect at a future date.
 After the Verdict
 The mother of the prisoner did not trust herself to remain in court to hear the re- suit of the trial, but fingered around the corridors waiting for the first news to come from the courtroom. When it came, an instant after the verdict was rendered, sue tottered away, clinging to the balus- trade for support as she descended the stairs and struggled through the excited crowd thronging the approach to the court room, John Prendergast, the prisoners brother, if he was in the courtroom, left without attracting attention. Mir Erude and his associate, Mir. Todd, were heartily congratulated by all who could get near them, Prsston Harrison being one of the first to reach the side of Mir. Trude, and he thanked him for his efforts.
 Prendergast was led away to his cell in the jail, and Bailiff Becker was detailed to stay with him. Tho prisoner refused to see any one, and us soon as he reached the cell he threw himself face downward on his bunk and would not gratify the curios- ity of the crowd that gathered around the spot from which view of the interior of his cell could be had by looking up.
 In speaking of the jury after the verdict had been found Judge Brentano said: "It was the most intelligent jury that ever saw. There was not what you might term a cheap man in thelot Every one of them was a good representative citizen and much higher in the positions that they hold in the business and social world than the average man who can be secured for jury duty"
 The jurymen expressed themselves as heartily glad that the long weeks of te- dious confinement were over. Before an- nouncing verdict they had agreed not to make public the scenes in the juryroom while the verdict was under consideration, and after their dismissal they positively refused to talk about the manner in which the prisoners fate was decided.
 Unanimous For Hanging.
 From a court official it was learned, how ever, that the jury was unanimously in favor of death sentence. After the jury had retired, it is said, the charge of Judge Brentano was read carefully by the fore man. A general discussion of the testi- mony followed, and the jurors expressed their individual opinions, particular atten- tion being paid to the testimony of the in sanity expstts- Then two ballots were taken. The first, to determine the guilt or innocence of the prisoner. resulted in a unanimous verdict of guilty. The second ballot was to determine upon the penalty. and the 1a men all said, Hanging" The foreman then wrote out the verdict. It was approved by the other jurors and de livered to the court.
 Another court official said that the first ballot in the juryroom showed II for con viction and 1 for insanity.
 The members of the late mayors family were apparently expecting such verdict us was given and seemed to derive but lit lie satisfaction from the fact that the mur- aerer of the head of their family was to die for his crime, feeling that only justice had been done.
 Carter H. Harrison. Jr.. one of the pro prietors of The Times, in discussing the verdict, said; T was not surprised when I heard the verdict, because to my mind there WAS never the least doubt as to the man's responsibility when he committed the act watched pranaergastss actions throughout nost Of the trial and was i'm pressed hy his niertness at times to deny evidenca for or against him. Ills denial as Co certain testimony relating 70 his actions Wtea he aid the actual shooting proved