The evening times., 1895-11-23

James Ray, the saloen- keeper on d
street, near Thirteenth, who was CON-
vic,ed OF keeping fence" by jury be-
fore Judge Cox recently. has been released
upon his personal recognizance in the sum
Of 500.
The minimum penalty for receiving
stolen property, Rays crime, under the
laws OF the District, is one years I'M
prisonment In the penitientiary, where
the property received is valued at more
than $50. The maximum penalty is three
years sentence. Saloon keeper Ray was
convicted Of receiving two gold watches.
stolen by BLOOD Jones, one OF the most
notorious thieves in the country, valued
AT between $50 and $50.
Rays case has been filled with a volume
of interesting and sensational incidents.
Upon the first day OF his trial fully score
of the most prominent members OF the
Young Mems Democratic Club testified to
his excellent reputation. Thomas C. Taylor,
the well-known criminal lawyer. made a
vigorous fight for his client.
MR.. BIRNEY'S ANNOUNCEMENT.
Most of the evidence on the Governments
side was on the opening day OF the trial.
At the beginning of the second daydt WILDE
remembered, District Attorney Rirney.
who was making as determined fight
for Rays conviction as Mr.. Ia ylor was for
his acquittal, made the startling announce
ment that the jury had been tampered with.
The incidents that foilowe have been
fully described In The Times. Mr.. Taylor
instantly objected to such a statement in
open court, before the very jury itself.
Judge Cox sustained him. and the ca Sc
.l.-l N
victed. almost as soon as the juroA rea ched
their room.
His attorney filed a motion for a new
trial. alleging that the statement of the
District Attorney to the jury concerning
tamperiug was improper and also assert
ing that the jury was not an impa rtial one.
In support of this statement Mr.. Taylor
filed the affidavit of ]. d. Sullivan. a real
estate man, aging that Foreman Mickurn,
Of the jury. had expressed an opinion to
him concerning the Ray case.
Another affidavit was subsequently filed
by Mr.. Taylor, also going to show that the
jury had not been Impartial. In reply to
the two affidavits Mr. Birney submitted
four to show that M1ckum had not made
ante-trial statements The motion for
new trial was to have been argued today
and both the government and defense were
making every effort to MAKE strong case.
Mr.. Ray and his attorney and Mr.. Birney
appeared in open court late yesterday after
noon, and Mr.. Taylor withdrew the motion
for new trial. Judge Cox then directed
the clerk to enter tie order OF sentence
suspended during good behavior; personal
recognizance S100 taken" Rays bonds
man was then discharged and the prisoner
was released.
PROMISED TO QUIT.
Mr. Birncy's answer when asked how Ray
happened to be let down so easy after heay-
en- and earth had been moved to convict
him was: HE has promised to quit the
business and get out Of the place. He
will leave the Division. That was the
principal reason we agreed to the sus-
pension of sentence
The district attorney dismissed the sub.
ject without giving any secondary reasons
for the rather startling step he had ac-
qUiesced in, and hurried into court where
he had an. en- ngagemcnt.
There was no little surprise expressed
about the city hall this morning at the man-
ner in which Ray got off. The sudden ac-
ton OF the district attorney in changing
from an aggressive policy to an acquiesc-
ing disposition was remarked upon and the
whole case discussed by lawyers in all its
bearings.
Where Ray is going or what business he
will follow is not known. his counsel being
able only to state that he was to go out OF
the saloon business in the Division