New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-28
CAPTAIN DEVERY GOES FREE.
THE JURY AFTER LONG DELIBERATIoN
ACQUITS HIM.
THEY WENT OUT on THURSDAY NIGHT AMI
DID NOT RETURN VERDICT UNTIL $50
p. NJ. YEsTEaDAY-MAY BE TRIED

DID NOT RETURN VERDICT UNTIL '"o
p NJ YEsTEaDAY-MAY BE TRIED
BY THE COMMISSIONERS.
A verdict of acauittal was given late yesterday
afternoon In the case of Police Captain william
S Deyery who was tried before Justice Smyth'
in the Criminal Branch Of the Supreme Court, on
the charge OF accepting bribe from Francis W.
Seagrst a contractor. Devery and his friends
were much elated on account OF his escape lroi"
conviction, particularly because William w. NC
Laughlin the former Police Inspector was con-
victed on the testimony Of Seagrist. IL was s'''
that the result Of the Devery trial might nave
an important bearing on the case OF McI|a"s''i'
which is being carried to the Court OF Appeals
The jurymen in the Devery case. who were
locked up on Thursday night, were taken 10 the
Broadway Central Hotel for breakfast at . a. m
Yesterday, and an hour before noon they re-
turned to the courtroom to have some Poi''o"'
of the testimony read TO them. 1t was under
stood then that they stoon ten for acquit'ai anu
two for conviction. They were taken 10 'he
hotel for luncheon In the afternoon. ana 'hen II
was said they stood eleven for acquittal ana one
for conviction. Captain Devery was locked up III
the Tombs all night. and yesterday ne ana MS
friends spent most OF the time In anxious wall
ing in the courtroom 1t was 5:27 p. m. when the
Jury sent WORD 10 justice shy III tustt M "S'~N
ment had been reached Then the jury filed into
the courtroom. and the verdict OF acquittai was
announced Captain Devery's face flushed with
pleasure as he shook hands with Mr.. Elkus' Oh
his counsel. Colonel James was not In court al
the time.
Justice Smyth thanked the jury ard ois-
charged Captain Dcvery from custody. after the
twelfth Juror had made a brles speech to ex-
1ress the pleasure which the jury had expert
enced in the case" 1t Is believed that Juror NO
12 is a humorist Court then adjourned until
Monday and the friends Of Captain Dev"ry
crowded around him to shake his hand and ex-
press their JOY at the verdict. He said MS
counsel would Immediately ask the Police COM
missioners TO relieve him from suspension and
allow him to take command Of precinct
1t was ascer,ained that the jury had only foir
ha,,ots before agreeing on the first ballot
seven men voted for acqulttal. three cast blank
ballots and julius a. Krone and Samuel G. McEi-
rec voted for conviction On the next ballot all
voted for acquittal except Krone and McEir'e
Krone who is fireman Of No. 10 East one
hundred md -elcvcnth-st. went over 10 the ma
jorty On the third ballot. McElree who Is a
retired bO0kkeeper. Of No. Az West tfty-ilIst-
St. stood out until the final ballot
Police Commissioner Andrews was hrs' IN
formed of Icvery's acquittal by reporter VINO
called at his home. No. 23l West One-hundred-
and-thirty-eighth-si early last evening. The
Commissioner was greatly surprised when ne
hes rd the news He refused - discuss the case
In detail but said: From hll kLOw Of Captain
Devery and his record In the department. 10
not believe his retention on the roll would De
any benefit to the department. He is not IN"
kind OF man making caItains or lie
was dismissed by the old Board renstated ~
tho court and aferward suspended by the
present Commissioners. We found several IN
dictments against him and this was the cause OF
his eusrension. What the Board Will do. can't
say but there Is no reason why he should not
be tried by the Commissioners on any ~ the IN
dictments that have been against him