The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-06-18

er convict that man on the evidence
they now have" Asked what he
thought would be the next step in the
case he said that he did not know, but
the opinion was generally expressed in
the court room that the case would
never be tried again. State Attorney
Williams was not present. Captain
Hodgdon would have nothing to say
about the case. After the dismissal of
the jury the captain sat for some min
utes talking with his attorneys and
his appearance was by no means that
of one disappointed or dissatisfied with
the verdict.
1t was stated on reliable authority
last night that the jury at each report
stood nine for conviction and three for
acquittaI.
JUDGE PRENTICE'S CHARGE.
The jury retired at 1O:45 after hav-
Ing received final instructions from
Judge Prentice. In his charge the Judge
carefully reviewed the evidence produc-
ed, pointed out it's salient features and
charged them upon the Importance of
deciding the case Alright. In his charge
he in part said:
In weighing the testimony it is i'm
portant to consider motives. Motives
may not be apparent, but they almost
always exist. In this case you are en-
titled to and should consider whether
the accused had any motive. In regard
to the testimony of an acconplice much
will depend upon his manner on the
witness stand, the consistency of his
CtnrN q nd h ic i,to ny. 10 p1s Of intpr-
est. You must give to his testimony
that weight which your best Judgment
thinks it deserves.
In this case the state claims that the
story of Cook, the self-confessed ac-
complete, is so well told and so consist
ent that a verdict of guilty should be
given. In addition, the state claims
that this story is corroborated in it's
material points,
The judge then said: 1.-THE defense
claims, gentlemen, that the evidence of
the state comes from suspicious circum-
stances, from self-confessed criminal,
and that this testimony was inspired
by the hope of limitation of sentence.
Three witnesses have appeared before
you who say that between five and six
O'Clock on the evening when Cook
| reached Boston they saw him, a stran-
ger, in an eating house on Eliot street,
and sat at the table with him. Having
| never seen this stranger since they at
| this distance Of time come here to rec
ognize in Cook their table companion.
They fix the day and time when they
| saw him and tell more or less of what
occurred. One of them testifies at length
as to the story he says Cook unbosomed
| to him, story of his crime and his
plans of flight I will not rehearse the
story. OF this testimony the state says
| it is probably untrue, and that 1t has
| the stamp of untruth on its face that
| Cook could not have been with them at
| the time because he could not have ar
| rived in Boston.
Now, gentlemen, I am done, and I
am about to dismiss you to the perform
ance in the jury room of your most i'm
| portant function. With you rests the
issues of this case. 1t is important to
all concerned and to society that you
| determine that issue right. If the ac-
cused is not guilty of the offense 1t is
| all important to him that you so de-
| clare. If he is guilty and has been so
| pipNch pCSO iiu q iCelopiietDiC uuupt IL IL,
| important to society and to all of us
as members of society subject to law
| that he be so found that the law may
be indicated and crime not go unpun-
| ished and unrebuked. Let no one of
\ you, I pray, disappoint my expectation.
| So and only so shall you render just
| verdict in 50 far at least as human linz
| itations will permit and both the ends
| of the law and your conscience be sat
| isfied."
AN IMPORTANT DECISION.