The morning times., 1895-07-04
Jury in the AuffOrt-DesmOnd
Case Locked Up.
WERE UNABLE TO ACRE
Reported to Have Stood Ten to Two
for Acquittal-Judge Cole Charged
Them MOTTO Believe Williams Except
When Circumstances Corruborated
Him-Marion Brandon Captured.

The jury in the case against Auffort and
Desmond for the burglary, i'll April, at the
Washington Steamboat Company's office,
was locked up, disagreed at $50 O'Clock
last night. 1t is expected they will come in
at II O'Clock this morning and possibly
be discharged, if they have not yet reached
verdict
The witness, Marion Brandon, Harry
Gamblers cook, who could not be got here
for the government is now in custody, and
the fact that her testimony will now be
available VIII be a reason for trying the
case over again. 1t is understood that
when Judge Cole came down last night the
jury stood ten to two for acquittal
Auffort's mother and sister and his wife,
with their three-year-old child, were at his
side in court yesterday morning, when
Mr.. Andrew Lipscomb began his speech for
the defense
MIR. LIPSCOMB'S ARGUMENT
Mr.. Lipscomb referred in sarcastic terms
| TO the evidence brought forward in this case
by the combined detective force ofWashing
ton. Some things indeed they had proved
for instance, they showed that a robbery
| had been committed, and the hed!scoYeriesthey
| had made with Billy Williams as pilot
established beyond doubt that Williams
had hand in the job. Nobody denied these
facts
| But Williams evidence contained every
essential fact alleged against Auffort ana
| Desmond. Without 1t the government had
nothing better to offer than the proof that
Desmond lived at Harry Gamblers III Jack
| son City and AuifoTt lad tried TO get
| changed at Orange, where he was on a
| trading trip, some gold coin he had got i'll
! selling a horse here.
| Mr.. Lipscomb dwelt at great length upon
| Williams bad character, pointed out that
| Williams hoped TO be set at liberty as the
| price of his testimony and asked if il was
| reasonable TO believe him in preference to
| sixteen reputable witnesses who flatly
contradiCted him. He asked the jury If
| they could be party to putting these two
| boysin JailUpOnsuche evidence and liberatiHg
| such hardened criminal as Williams who
| had proved his own guilt in this case beyond
| doubt. To liberate the self-confessed
! crookUpon histestimonyag nyagainstmenwhoar are
| not otherwise proved guilty would be to
| imperil life and property here by offering
an easy road to escape the consequences Of
crime.
| ING
Mr.. Birney, in closing for the govern
ment, asked the jury to put aside seuti
I
the defendants were party to the burglary
| He said many of the witnesses againS
Williams were from Jackson City, auC
some OF them very little he tier than
Williams herself. He defended the po-
| lice and made good use of Mrs. Williams
testimony in support Of her husbands
story.
Judge Cole charged the jury that they
| ought not TO believe the testimony oil
| Williams except where it was corroborateC
| by testimony of circums tauces. They
might convict, however, even if they founC
no sufficient support of his story OF
| account of the recent reversal in the 1t
Cointe case, by reason of his charge con
| cerniug a reasonable doubt, Judge Col,
| simply told the jury that if they had ;
reasonable doubt of guilt they should ac-
quit; he did not explain what cons utute;
| a reasonable doubt.
Marion Brandon, the witness wanted
by the government, but who eluded th'
officers for time, was caught at Rich
mond yesterday, aud brought here lat
yesterday afternoon by Deputy Marsha
PIeaSantou. She spent the night in jai
and will probably be brought befor
Judge Cole this morning