New-York tribune., 1898-12-25
MOORE JURY STILL DEBATING.
AT MIDNIGHT THE JURORS HAD BEEN oUr

AT MIDNIGHT THE JURORS HAD BEEN ',i
FOR NEARLY TWELVE HOURS.
The fury which has in its hands the fate ~
Mrs Fayne Strahan Moore charged with ron
berry in the first degree. in having connived with
her husband w. A. T. Moore, convicted last
week Of "badgering" Martin Mahon. proprietor
of the Amsterdam Hotel at the Grenoble
Hotel on November 4. was still deliberat-
ing on it's verdict at midnight last night in
the Court Of General Sessions AT that hour
the jury had been out nearly twelve hours, hav-
ing received the case from the Recorder at u 10
o'clock
The Jurors went out for luncheon at 900
o'clock and to dinner at 80 o'clock Soon ar
tor they retired after dinner it was rumored
that they stood 10 to in favor Of conviction
At 1l.1O o'clock the jury entered the court
room followed minute later by Mrs. Moore
and the Recorder The Recorder said he had re-
ceived a communication from the jury asking II
the defendant could be found guilty Of lesser
degree Of crime than that charged in the ndict-
ment In reply he read TO the jury the sections
Of the Penal Code which describe robbery in the
second and the third degree.
"I cannot explain the difference in these cases
further than IT appears in the sections OF the
code that | have read to you he added He
went on TO read Section 100 which provides that
when a Jury finds that there is reasonao'e
doubt which of two degrees OF crime has pceh
committed by defendant the jury may ma io'
the lesser degree.
But" he proceeded. your verdict must con
form to the facts
The Jury was about 10 retire when the iore-
man. at the request Of one Of his associa','
asked the Recorder to inform him What pu'''"
ment went with conviction Of robbery III t"o
second or the third degree. The RECORDER
answered that for the second degree impr'son-
ment for not more than fifteen years cou'u "e
inflicted and that for the third degree the pun
ishment was imprisonment for not eXceeuns ~"
years.
81 must repeat" he said that you must "o'
found your verdict simply to meet the punish-
ment. The law fixes the punishment ana WIN
II you have nothing to do.
A murmur arose among the spectators IN the
courtroom as the jury retired. The Recorder
rapped for order and instructed the court OIL
GERS 10 clear the room should there De the
/ slightest noise or demonstration on the part "i
those present.
Recorder COTS charge to the jury yesterday
morning occupied nearly two hours. 1t Is
great wrong one Of the grea test" ne said, 'that
an innocent person should be convicted Of CRIME.
It would also be a great wrong one that wou'u
/ in7neru the foundations Of society, if jury
should acuuit one who is guilty. Law is practl-
callv an agreement between civilized men for
their protection You bound 70 observe that
law to The fullest extent Of your ability. There
must be Justice before there be mercy. The
latter does not belong TO you. II Is beyond your
province 4 Jury cannot render a verdict dlsrr-
gardng its own obligations Inere must pe
even and equal justice The criminal law or
our State is very mercfui II surrounds the ac-
cuSed with SafegUdrdS. IL gives MANY
privileges NJ person can be convicted of crime
except by due course Of law. To approach the
consideration Of this question have called your
attention TO these elementary questions. Emo
tions have no place in jury The two qualities
/ I have mentioned, law and facts. haVe-and
nothing else The law presuneS the accused 10
be innocent until she is proved TO be guilty. The
burden to establish her guilt beyond reason
able doubt rests with the prosecution. You are
to determine the truth or fasity OF the evil
dence you are to decide upon the credlblltY or
the witnesses: you to weigh the evidence.
The Recorder quoted the law pertaining 10 the
crime Of which Mrs. Moore is accused, ana re-
viewed the evidence carefully and fully. ne
laid particular stress on the Interpretation OF the
law charging that accomplice in crime
was just as guilty the principal offender
Mahon's morality. the Recorder went on TO say,
should not be taken as determining oharac-
ter in the disposition of the case, even thougn
he did commit the immoral acts charged. Ma
hon was not trial. and his conduct must
not he at all considered. The Recorder said
further that MahOn and the woman. according
TO the testimony. were both morally bad
The Recorder advised the jury to disregard
statements Of counsel not supported by eyi-
dence. Attractions of person endowments
Of mind he said in closing, made no difference
in the eye Of the law when crime had TO be
atoned for.
At l:45 o'clock this morning. Recorder Goff
locked UP the jury for the night. I. said
that they then stood eight to four for convic-
tion The Recorder said he would he at court