The morning times., 1895-07-05
VERDICT WAS CHEERED.

II was 11:30 O'Clock yesterday morning
when Judge Cole came in to hear the verdict
of the jury. A great throng had assembled.
1t is probable that no case in year past
has attracted SO much attention among
persons whose curiosity would lead them
to the courtroom TO hear the result of
criminal trial.
1t : said that very many Of those present
yesterday were from Jackson City aud other
resorts about the notorious Island track.
Judge Cole had the wiudC-S closed 80
that the crowd standing on the courthouse
steps and street outside might not hear
the verdict, aud make an unseemly demon
stration He also cautioned the audience
inthe courtroom not to applaud, no matter
what the result might be
In answer to Clerk Frank Smiths for
NAL inquiry Foreman Guide said Not
guilty" There was a murmur Of approval
from the friends OF the defendants in the
courtroom 4 moment later the report was
given 10 the throng outside, and there was
a cheer Hats flew in the air, aud Auffort's
friends gathered round his wife and other
members Of his family aud warmly COugrat-
ulated them.
AS soon as Auffort aud Desmond were
released they were in the crowd outside
aud received almost an ovation.
HEROES OF TIE HOUR.
Many Of their friends found their way
to the nearest saloon The two men Were
soon putting away at fine cigars, as happy
as if they were the heroes of some great
achievement, instead of having narrow WY
escaped a criminal conviction.
The attorneys, MesSrs LipSCOmh, Turner
and BcrDhelm, came IN Tor congratulations
upon the success with which they had con-
Quoted case upon which they had so un-
willingly entered a week ago. one of
them admitted that the facts We're against
them, and another said that they were
obliged to abuse the police, because that
was the safest way to draw the attention
Of the Jury from the evideace.
Desmond left soon after his release for
Jackson City, where, it is understood, be
Will continue to live Auffort remained
about the square talking with his friends
and with jurymen. Foreman Guide eH-
planned TO him how the jury stood and said
the evidence OF an alibiin Auffort's case was
so strong that there was doubt established,
| to say the least. Another juror said that
| he had known Billy" Williams and hisfather
before him for years and they Were thieves
| and liars They couldn't tell the truth if
| they wanted to- That was the real reason
of the conviction.
COMMENTS ON THE DISMISSAL.
District Attorney Birney was not present
| when the verdict was rendered. When
his assistant, Mr.. c. H. Armes, asked that
! the other cases be dismissed Judge Cole
! seemed surprised and only after it was
explained that the evidence was precisely the
! same as in the case just tried and was based
on williams now thoroughly discredited
| confession that he consented to have the
order entered.
There was a good deal of comment over
| the dismissal. 1t was pointed out that Mr..
! Birney had acted differently in the case Of
| Capt. Howgate, where no n:w evidence was
| introduced at the second trial, but convic-
| tion was secured upon an apparently weaker
| though much simpler presentation of the
| facts
II is said that williams, who is now at
| liberty with the rest, win probably lle called
upon by the Virginia authorities to answer
for the robbery of Clark's store at Roslyn last
| winter
Marion Brandon, Harry Gamblers colored
| cook, who was brought here Wednesday,
and is held for contempt inrefusing o come as
witness against Auffort and Desmond
will be brought before Judge Cole this
morning.