Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-04
Aufort and Desmond Were Declared
Not Guilty.
REMAINING CASES NOLLE PRESSED
Billy Williams Walks Out Of Court
a Free Man.
T HE UDGE'S POSITION

Charles, alias Buck. Auffort and Edward.
| alias Eddie. Desmond were acquitted
shortly before noon today OF the charge of
robbing the office of the Washington Steam
boat Company. at 7th and NJ streets south
west on the early morning of the LIST of
| last April. The defendants were at once
discharged from custody, Judge Cole grant,
ing permission for a nolie PROSE- Of the
remaining charges against the men. An
order for the release of Billy Williams
| Jointly indicted on Indictment with
! Desmond, Aufort and James, alias Jack
Dempsey. was issued by Judge Cole. and
| the governments principal witness was
| later in the day released from jail
The Jury'a Stand.
As stated in The Star the Jury retired at
2:SO yesterday afternoon. At 9:30 last night
they reported to Judge Cole that they had
| not agreed, and they were locked up for
| the night. The first ballot taken by the
| jury showed that nine men voted in favor
Of acqUittal and three for conviction. Later
In the night $50 member of the Jury told
Star reporter today one of the three
Joined the majority, and shortly after
| o'clock this morning the two men holding
| out for conviction gave in.
| Judge Cole, however. did not reach the
| court house until about IL 80 this morning,
1
down. Before they came In Judge Cole
| directed that the windows be closed. so
| that the great crowd outside could not hear
the verdict. He also cautioned those pres
| emf IN the court room to refrain from ex-
| pressing approval or disapproval upon the
| rendition of the verdict.
Cases Nolle Pressed.
In answer to Clerk Smiths formal in
| quiry. Foreman Guide stated that the jury
| had agreed and that they had found the
| defendants not guilty. After the verdict
| had been recorded. Assistant District At
| torrey Armes stated to Judge Cole that
| he had been instructed by District At
| torney Birney to ask permission to enter
| nolle PROSE- in all the remaining cases,
not only against Auffort and Desmond but
also against Billy Williams, Jack Demp-
| sey. John W. Patterson and William, alias
| Monte Wells. the latter two being charged
| together with Auffort. with burning the
| steamship Lady Of the Lake last February.
| This action occasioned not a little sur
| prise, and Judge Cole only granted per-
| mission to nolle PROSE- the remaining in
! dictments after closely examining the in
| dictments. and after Mr.. Armes had ex-
planned that Mr.. Birney desired to enter
| nolle PROSE- fer the reason that the
| government would have to rely mainly
| upon the testimony OF Williams in the
! boat burning case. the other three indict-
| ments charging Williams, Dempsey, Des-
| mond and Aufrort with robb.ng the steam
| boat Office. Judge Cole gave the desired
permission, apparently very reluctantly.
| and Aufort and Desmond were formally
| discharged and an order for the release Of
| Billy Williams was also issued.
The moment Auffort and Desmond were
released they were surrounded by their
| numerous friends, including many fire.
| quenters Of Jackson City, and heartily
| congratulated. Desmond shortly after
| ward drove off. for Jackson City, 1t is said.
| where, it was explained by his friends. he
| n n a
Auffort remained some time in front of
| the city hall conversing with his friends
and with certain members of the jury.
| Among the latter was Foreman GUIDE, and
Mr.. GUIDE explained to the young man how
| the jury stood and how it reached its con-
ciusion. There was SO much doubt in the
| case, he said, and the testimony establish
ing an albi appeared to the jury to more
than balance the evidence submitted by
! the government At any rate. said Mr..
Guide. the jury concluded that the de-
| PENDANTS We're entitled to the benefit of the
doubt in the case. Another Juror referred
| to Billy Williams. the governments prin-
cipal witness, as a liar. thief and scoundrel
'Billy's father a thief before him."
declared this juror. land Billy couldn't
tell the truth or be honest II he tried. I
| know that, for I know the whole family.
and have known them for years. That's
why We didn't convict them"
Police Disappointed.
While the verdict was not wholly unex-
pected. it was one Of great disappointment
| to the court officials and to Inspector
Hollinberger and his men. Some surprise
| and disappointment was also expressed at
the action of District Attorney, Birney Is
| role pressing the Indictment againsi
Patterson, Wells and Auffort. InspectoS
Hollinberger stated to Star reporter thai
he confidently believed a conviction coula
have been had in the steamboat case, hS
felt that the prosecution would not havi
had to rely in that case so much on WILL
Jams testimony. The police officials ara
particularly disappointed, and they express
themselves as expecting to soon learn of
extensive robberies in the District because
Of the verdict of not guilty rendered today.
The friends of Auffort and Desmond are
| particularly bitter against Billy Williams,
and they threaten. it is said, to have him
indicted H. Virginia for cracking Clarks
safe at Rosslyn Va, several months ago.
Refractory Witnesses.
Marion Caesar. alias Brandon. the Jack
son City witness who refused to obey the
| summons of the court to appear in the
| trial concluded today on behalf of the gov
eminent, was brought before Judge Cole
late yesterday afternoon and committed to
jail. AS reported in The Star the woman,
who served as cook at Gamblers resort
| at Jackson City, was captured in Richmond,
Va, yesterday morning She will be
brought before Judge Cole tomorrow morn
ing, when, it is expected, she will be pun
| ished for contempt of court in refusing to
Obey the subpoena served upon her. 1t is
understood that while Desmond and Auffort
stoutly deny having anything to do with
the disappearance of the woman she will
be represented in court tomorrow by one or
more of their counsel 1t is said the wo-
nan would have been a most valuable wit
ness for the government, and that her dis
appearance weakened the governments
case not little.
TesfinR tbe Now sphouea
The rev telephones at the Interior De-
partment arouse a good deal of curiosity