The times., 1897-05-19
Cried Out "My God" When the
Verdict Was Announced.
MOTION FOR A NEW TRIAL
The Jury Out an Hour and Fifteen
utes-Carrington's Eloquent
Plea for the Aged Prisoner-PrOs-
ecuting Attorney Muilowny Spoke
Significantly of Lynch Law.


The aged prisoner appeared to be dazed
when the verdict was rendered. He raised
his hands, exclaimed MY God!'' lapscd
Into silence ard gazed at the foreman OF
the jury.
With the verdict came a recommendation
for mercy. After short conference with
his client and Judge kimball, Mr.. Caring
ton, for the accused, gave notice OF his In
tentiun To file motion for a new trial,
and after feelinGly referring to the age
aud iniirmity Of the accused, his long resi-
dence in Washington, the standing III the
community of those who had testified as
to his good character, and the few years
yet remaining for him in this life, ne asked
what bond would be required for Talcott.
Even Prosecuting A ttorney Muliowny ap-
peared TO feel dowucast by the verdict,
and after deliberating some time suggested
So, 00o as the amount of bond desired to
be given by Talcott. Judge kimhail, how
ever, thought that $4,000 (S4uO in each
case) would be sufficient, and the defend
ant was released on that amount, Mr..
Charles W. Slater being his bondsnan
Mr. Darlington intimated that he had
new and material evidence at hand, which
he would present when the case again
came to trial, and which would probably
bring sunshine after storm for his client.
When the case was called for trial yes
terday, 4 assistant District Attorney Null
lowny put Mrs. Park, Ann Elliott, md
Mrs. Allen on the stand, and they testified
to the good character of the children in
the case.
The accused was then recalled and
explained the alleged offer Of $500 to
Hartley TO stop the proceedings by say
ing II did not offer $500 to Hartley,
as stated by him. l said that / would
not have had this thing occur and the
children brought into court and pub
licity for $500. How could l offer that
money when the case was going 1n?''
District Attorney Mullowny at his
point opened his address to the jury. He
referred particularly to the demeanor
Of the defendant while on the stand He
spoke Of the utter depravity of Talcott
even while testfying ON the stand; the
oaths ne had used while answering the
questions put to him. This, he claimed,
but fit the character Of one who could
be guilty of such conduct as the defendant
at the bar was charged with.
keverting TO the theory of blackmail. ad-
vanced by the defense, Mr.. Mullowny
directed particular attention to the fact
that \ tldie Garrison. Phoebe Hartley and
Tillie Mellen were In 10 wise connected
with the alleged blackmaiiing scneme Of
the boys, Roy Garrison, SaXty and Mil
stead who discovered the defendant with
Julia Garrison and Emma Mellen Mr..
Mullowny went thoroughly into the testi-
mony, which had been given for the gov
ernmpnt, and then rested the case for the
present.
Mr. Darlington. for the defense, opened
with the statement that he had intended to
rest his case without argument, but upon
mature deliberation had decided to ad-
dress the jury. He quoted authorities TO
show that in twelve cases Of felpnious as
sault and kindred cases alleged, but enc
was found to be true Such cases, he
said, were easy to bring, hard 20 prove,
and still harder to dispIove.'
Continuing his argument, Mr.. Caring
top referred TO the demands formone made
by the boys, Garrison and Saxty, and
called attention to their method OF getting
It. 'Blackmailers,' he said, were like
card sharps; a little at II time is all they
want. So these boys wanted first $50,
then So, and so on, and threa tened to tell
Talcotts wife unless their demands were
acceded TO- When this failed they threat
encd TO go to the Capitol and have the
defendant discharged
He further called attention to the fact
that this information was sworn ont by
Milstead, one of the alleged blackmailing
trio, and, notwithstanding this he swore
on the stand that if he saw 4 man com
Initting rape he would say no thing about it.
A this point, 1 O'Clock, recess Of 20
minutes was taken for lunch.
When the case was resumed at lao
o'clock, Mr. Darlington briefly reviewed
his argument of the morning, and con-
tinued. saying that he would now show
that the crime charged was an utter i'm
possibility He cited the fact that the
only medical testimony offered was that
OF DR. Custiss, who answered to stated
Hypothetical case that in his opinion the
alleged condition of things could exist
He further recalled the testimony of Tai
cott, that for three or four years he had
oeen physically incapable.
Rarely has u more eloquent appeal been
made for client than that made by Mr..
Darlington for Talcott, and he closed
his remarks with prayer that God would
help the jury to render "a just and fair
verdict, which he felt would discharge
the prisoner at the bar.
Mr.. Mullowny then made the closing re-
marks for the Government. He answered
the arguments Of Mr.. Darlington, one by
one He explained the failure of the Gov
ernmenJ To procure medical testimony by
the statement that he only claimed
conviction for assault: the laying on OF
prisoners hands for improper purposes.
During his remarks Mr.. Mullowny spoke of
lynch law, and asked the jury il they
had ever stopped to think of the origin
of that name. Mr.. Darlington here in
terrupted the speaker, saying that he would
note an exception, as the prosecuting at
torney was making a threat that unless
q verdict of Guilty" was brought in
his client would be lynched.
A second exception was noted and al.
lowed, when Mr. Mullowny alleged that
it was notorious fact in the eneighborhood
that the prisoner had been assaulting these
children.
In his charge to the jury, Judge Kimbail>
instructed that the muchly-mooted question
Of character was a proper one to allow in
deliherating over the case, and the jury
left the court at 3:05 p. m. The verdict Of
guilty was brought In at APO O'Clock.