New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-13
STEPHENSON IS GUILTY.


RETURNS THE VERDICT OF GUILTY OF THE
CRIME NAMED IN THE INDICTMENT
HE ACCEPTED BRIBE FOR AVOID
ING Hs DUTY-JUDGE IN
GRAHAMs CHARGE SCENES
IN TIE COURTROOM
Ex-Captain Stephenson was convicted yester-
day before Judge Ingraham In the Court OF oyer
and Terminer OF accepting a brbe for avoiding
his duty a policeman. lie was charged with
accepting some fruit from a merchant for side
walk protection. 1t took several hours for the
jury to decide the verdict.
Ex-Captain Stephenson almost the first
man to enter the oyer and Termner courtroom
yesterday morning. fo accompanied by ex
Inspector Steers. Mr. Shafer arrived early. One
or two minor cases took the attention of the court
before the Stephenson called. and the
courtroom gradually filled
Mr. Shafer opened the proceedings Of the morn
ing by saying that the for the defence was
submitted lie then addressed the jury.
He first spoke of the character of Colonel Eel
lows and declared that the Colonel was some
times compelled by his official duties to make un-
jus; prosecutions The evidence furnished by the
prosecution h. characterized as being weak and
not having any foundation except that Of ven
omous spite and personal hostility. one of mis-
strongest points the fact that the testimony
OF the principal witness. Edwards. was not cor
roborated. The defence closed the summing at
about T. o'clock
Colonel Fellows said he had conducted the
prosecution in an entirely non-personal manner
To the best Of his ability The position of Nj I'd
wards Colonel Fellows explained. was this
He is not an accomplicc in any legal sense.
and the Court Will explain that to the jury 1t
is a crime TO sell liquor at certain times, but not
10 purchase IL; t'is crime to sell lottery
ticket but not buy one. although no sale could
be- made without purchaser II crime has not
been committed. then you must find that the de-
fendant is no; guilty. II they claim Edwards is
| an accomplicc In crime. they acknowledge the de-
fcndant guilty"
WHAT COLONEL FELLOWS SAID.
"Somebody has committed perjury" he contin-
ued either Mr.. Edwards. the defendant.
These are plain facts. and shall not mnce my
words It is certain that the crime Of perjury
has been committed"
The Distrct-Attorncy then described the duties
~ a police captain, and then took up the ward
man" lie was frequently Interrupted by the
counsel for the defence until the Court repri-
nanded him Colonel Fellows made an extensive
review of tho facts In the case
He said II was not his intention to blacken the
| character of the police force. but 1t was true
that some had been found guilty Of not discharg-
| Ing their duty lie finished his argument at
| i5s = n An adjournment was then taken un-
! I'll O'Clock In the afternoon.
THE JUDGE BEGINS HIS CHARGE.
| At SIS y. m Judge Ingraham called the court
to order and Immediately began making his
charge 60 the jury. He at first spoke Of the ne
cessi,y of the members Of the jury not allowing
| Oh gf1 he To
| interfere with their verdict
| The defendant Is charged with bribery said
| Judge Ingraham: he is charged with receiving
| a thing of value for cvadlng his duty 1t Is not
| because u an injury to any one person that has
| been inflicted but II is an injury T. the state. a
crime against public Justice. public laws and So
| ccty. Il * this crime that We are mere 10 pun
1T il charged that this defendant did not d.
| his duty and that be accepted brlhe Tor neg
| Letting IT, The smallncss o: the brihe has moth
! Ing 10 DO with the matter. and an indictment
| must he made upon specific charge. II Is not
necessary to show hat h. himself received the
| property"
| complicc Il Stephenson. and could not b" called
| such. Without some corroboraiion oi th' testi-
| funnv given by Edwards they would not be
| Justified In sending the defendant To STATE prison.
| Thov must decide whether Edwards told the
| truth that It was reasonable ana true ana
| whether the other testimony corrooorated MS
The chnrge was a careful one and appeared
| greatly to impress the jury judge lhs'""""'
| finished the charge at 4.l0 o'clock.
Mr. Shafer at once brought forth some objec-
tlons-about a score of them-which were over
ruled The jury retired at 43O O'Clock.
STEPHENSON NERVOUS AND UNEASY.
| Many interested spectators and friends Of the
| cx-Captain fingered about the courtroom AFTER
| Judge lngraham had retired 10 his private room
| They chatted in an animated way ana many
| opinions were expressed as to the outcome OF
| the trial The defendant looked very nervous
| and uneasy. and looked quickly around wheh-
ever there was a movement among the court
room visitors He rcturncd from supper with
| Deputv Sheriff Burke AT about $40 p. m. and
was at once surrounded by several OF his broth-
| ers and a number Of friends. Every time cap
,ain Ricketts, was called To the door of the jury
| room he was besieged on his return by anxious
| friends who asked him II there were anything
new.
| Around the entrance to the courtroom curious
| crowd was gathered. The people pcered through
| the door and pointed with great interest al the
| apparcnt!y Indifferent prisoner who pretended
| not to see them Occasionally. when remark
NJ a personal character reached his ears. his race
flushed.
.pats peachcs.' was the exclamation OF
newsboy. as hc pointed to the eX-captain. IN"
defendant was commonly spoken of as peaches
| after that by the audience
Al 7Is o'clock the jury filed into the court
| roam, Foreman Crosse said they would IKE 10
have the testimony of Melvin Whlstpeh rean
over again The stenographer complied by order
| of the Court The testimony related 20 'he near
| ing of Thorns demand for fruit instead oi inoney
| fron, Edwards for the Captain for sidewalh P'"-
| lection. -, . -, tho door
At $50 p there was another raP an on TITO ne
| ~, tho hurv-room and the members n.ed INTO 'nc
| courtroom again. Foreman Joseph rfosse was
| asked II the Jury had arrived at Veruic'
I'VE have" he replied A., horgo
"Do Won find the defendant guilty OF the cnaree @
IN the Indictment or do you find him not guilty
asked the clerk
STEPHENSON FOUND GUILTY.