The sun., 1895-03-02

Rumor In the Court Rsom that tho
Jury stood Nine to Throe for Acauittsi.
The case Of former Police Captain Doherty Of
the Fifth street station who has been on trial
for five days for accepting n bribe from Mrs.
Thurow, was given to the Jury at ago o'clock
yesterday afternoon.
Atl:2D O'Clock this morning the jury was still
unable to agree. and Judge lngraham then or.
dered 1t locked up until the Court reopens at 10
O'Clock this morning. The general impression
seems to be that there will be n disagreement,
ss 1t was rumortd earlier in the evening that the
vote stood % to 2 for acquittNl.
At 1850 the Jury sent In n request for the
station house hlotter OF Jan and the weekly
report. This Is regarded by the defence as
favorable sign, as tho blotter shows
that Capt. Doherty was not at the station
between the hours OF p. NJ. and II p. NJ. OF
that day. when Mrs. Thurow alleges that she
met him there and paid him the S.5
The nth and last day OF the trial wns con-
sumcd by the counsel OF each side In summing
up and by the Courts charge to the jury. I'm
nlcdiately after the opening OF court nt o'clock
Counsel Clarke. for the defence, moved that
the prosecution he compelled to elect on which
count of the Indictment the case should go to
the jury, District Attorney Fellows replied that
the prosecution elected the count charging that
on Feb. q. 1908, Capt. Doherty had accepted
from Mrs Thurow SIS in consideration Tor pro-
tecting her in her business during the subsc-
quent thirty days. Then Mr.. Boardman Of
Tracy, Boardman & Plat began to sum up for
the defence. During tho whole OF the summing
up Doherty sat in his accustomed scat at tho
end of the trial table. nervously pulling at his
moustache, listening attentively to each point
made.
The counsel for the defence said that the
whole business was the work OF an irresponsi-
bile press seeking to increase their profits by a
sensation. He appealed to the jury not to be in
fuencsd in this case by the disclosures made
before the Lexow committee. He asked them
to consider well the character of the Witnesses
Ms. Thurow and her husband-the latter of
whom hs was compelled to call a man. for he
wasn't a woman.
The taking Of Mrs. Thurow surety" said
hc. did not show tba. the Captain had any
thing TO do with those transactions. for in such
matters the SerGeants are absolutely indepen-
dent. The only question TO be asked by them
was whether she was responsible In a financial
way
Capt. Doherty's reports show that he used
every means possible to brenk up this house,
and now you are asked to convict II man on the
unsupported testimony OF u woman who has
contradicted her former testimony at every step.
Not only that. but our witnesses have broken
her testimony down. Sho says that she paid
money to the Captain on the night of Jan. O.
1893 but our witnesses have shown conclusively
that on that night she was in her house all the
time. drunk.
she has lied deliberately. as she has ad-
mitted and her testimony here Is false on the
very face Of it. Do you suppose that the Cap
tain. IL ho wanted to accept bribes from her.
would have had her trutting to and frum the
station to give them to him? And il Hook WAS
going to send boy to her to get that $50. he
would have sent boy who lives in the neigh
borhood and not Irregular messenger Where is
that boy Why has he not been produced? His
testimony one way or another would have
counted for more than all the rest put
together. Do you suppose for minute that the
Thurow woman did not know tho boy. although
the clsims she did not Why did Mrs. Thuruw
go to Senator Roesch 10 get protection II she WAS
getting it from :hc Captain She went to Roesch,
who was power in lammany Hail. in the hope
that he could get Doherty removed. and thus AN
end would b. made to the constant persecution
to which she was subjected by him"
~, District AtoFney 10 fsiiows followed Mr
anu his manner Of presenting his case most
foreetul, The charge against the defendant"
ceive money in ron stcration of projecting Mrs.
ThuroWs house. Ii he received or agreed TO re-
Se hs H i bs sn
Whether he did the thing agreed to or not is not
an essential part of the cuse. All that has been
shouldt AIRY weight. As to the character of tho
testimony il you are going to probe the alleged
charged with bribery then you are compelled tn
so To corrupt and criminal classes for your evil
such ,hingr. II we cannot cannot convict W public ' cf,
hcers on the testimony OF people. who have
and it would be Infinitely better to tear from the
statute i book the pages referring r. bribery and
s n"t sHsn to be. be ss to IT,
ence gf witnesses Every one who brIbes an Of |
fcer does so with an object. and SO we have to
depend upon the Thurows for evidence.
What is il hhe is said TO have done? What |
is II you are led to believe You will remember
that the last raid which drove her from husi-
able to do business all the time under Capt. |
Doherty. T. she had y Grievance against any |
Gross, You are asked 20 believe that she con
coe,ed tni: story araiRst Capt. D9hcTty from
done so against man who never raided her !
eS, %M% Sn.y let tro% ns' @ .Sa %aO aS
from the man who destroyed all her |
hopes Of future business and iaaFcais this
told Story con ,istent and natural. Ii amy fur
ther evidence is wanted it is found in the fact
t" Keep up Importance. iris woman was Con con.
tinually allowed to give bonds, for, them 20 that
lume heir vocation. It is absurd 10 say that
CAM. lioherty did not know that size was ac-
ur. Fellows showed the blotter where Mrs. !
Thprow's name appeared on i as boniswoman, |
we wrnr bas% H. In Ths 4s Dsra, Swn A.
torney spent some time In praisng the police, |
aud after arguing that the discrerancies found
In Mrs. ThurOw's testimony were signs of truth !
fnlness he closed at l so. when recess was |
taken until O'Clock.
Immediately after recess Justice Ingraham |
began his charge to the Jury. IL lasted Just one |
hour, after which Counsel Jacob Fromme for |
the defence made twenty-five requests TO |
charge, and after he had taken several excep- |
tons tn the Justices charge the jury retired at |
4:@O o'clock, Thu Justice warned the Jury not |
TO be moved in their. judgment by any undue
Sympathy for the defendant or on the other
side by any public sentiment concerning cor
ruplipn He said:
The defendent Is a public officer charged by
the people with having been false TO his trust
WITH having betrayed them Tor private gain.
The crime is not alleged to have been committed
against the woman. but II is entitled In the code
as Crime Against Public Justice The
amount alleged to have been received is imma-
terial 90 far as his guilt or innocence is con.
cerned Tho crime is the agreement OF tho
public oncer for a consideration 10 violate the
him. '
moi hall ha{ {fr l. 4 L.,