New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-17
W. A. f. MOORE GUILTY.
But THE JURY ADDS TO ~HE VERDICT A
RECOMMENDATION TO MERCY.
SENTENCE MAY Re PASSED on MONDAY. WHEN
FAYNE sTRAfAN MOORE WILL ALSO BE
PLACED ON TRIAL,-NEw WITNESSES
TO DE CALLED IL HER CASE

TO DE CALLED IN HER CASE.
W. A. F. Moore consular agent at Durham South
Africa. who. with his alleged wife Fayne Strahan
Moore is charged with "badSering" Martin Ma
hon. proprietor OF the Hotel New-Amsterdam. out
OF s1I0 a diamond pin. confession OF m!scon-
duct and promissory note for $1,000 was found
guilty OF robbery in the first degree las, night in
the Court OF General Sessions. The jury spert two
hours and half In deciding verdict To tho
general surprise the jurors added to It a recon-
mendation to the mercy Of the Court.
When the verdict read by the foreman Moore
maintained the same stod Indifference that has
characterized his actions during this trial and the
preceding 1t. when the jury disagreed. He an
swered the questions put to him by the clerk in a
clear voice. which did not beray the slightest emo
ton. Assistant District-Attorney Mcintyre at once
moved that sentence be apssed. but Mr.. Simp-
son. OF counsel for the defence. objected and asked
that sentence be deferred until the last day of the
term OF the court, giving his reason that Moore =
chief legal adviser. Abraham Levy. would be en-
gagged in another court and could not attend Re
corder Gof said he would consider the matter on
Monday morning next
The Dstrct-Attorney afterward moved that
Fayne Strahan Moore. also defendant be placed
trial Monday next. To this Mr. Simpson
also objected. but the Recorder overruled him and
the trial down for Monday at 10 a. Mr..
Mcintyre. in making his motion. said he expected
to call several new witnesses at the womans trai,
Attorneys Office desired that there should be no
delay In bringing the codefendant to trial
The Jury decided before they left the jury-room
that as there was another person to be triec on
the same charge they would not say anything az
to their deliberations.
The hearing began yesterday with Mr.. Levy
address for the defence He told the jurymen tna-'
had the prisoner at the bar not struck Detective
Sergeant Cuff at the time Cuff appeared al the
hotel they would not be in the position III "hici
they found themselves. Counsel characterized
cuffs act at the time or the arrest IN preakihs
into the Moore apartments without warrant Vi Id"
a. unwarrdntabe.
This policeman went to the Moores apcrt-
ments" said Mr. Levy, mot for the purpose OIL
making arrest. but for tho express purpos" VI
securing Mahons confession" lie went on u
crtclse 'thc zeal of the District-Attorney ONCE
IN bringing Moore to trial. when dozens ol oV"ei
unfortunates were camoring for an immediate
trial. ana whose crimes are older" rms a'Iesed
haste on the part Of the prosecution MI Levy
ascrbed to Martin Mahon's influential frlends. nc
contention Of tn. defence was. ne sald lltt rhe .
prosecution had faed 10 es,a2Sh co,,mt NJ S a not deem
fl necessary 20 call any Witnesses lie % exhoi en ~ e
Jury to separate the chaf from the wheat IN S ts
testimony given in support OF me- thH conn On i
no,ent Of the crime Of robbery. - .ho,
Mr. Levy spoke for fully two hours, ;r,ninr anq MN vn
District Attorney Gardiner began MS suinins rs up
OF the FOR the prosecution ne sii ,sI,,,e LA @
crime OF 'badgerrG' was one o. the mos 10y
dangerous ana far.reaching of crimes. ,, IN rep.
TO the charee Of undue haste IN brnsng MOOT
trial Re said IT customary to try an uhoa''e4
cases in preference TO Other1. , -
''The crime Of badGering' Colonel Gardlner con, !,
flnuod. must he stamped out OF this goou ciIS & u
ours II Is n heinous crime. and 50 lons as az. an
District Attorney of Ills county VIII use NY prSS
efforts 10 have It wiped out The purpose ol ~, we
prosecution is not 20 persecute. bur TO prosecute,
anil in accordance with certain weil-dennsa 1nys ~,
I'D lown ~ the state Mahon. ne s.,iu "rulI ",
forf 1T half his personal property ratherr an ,nan
lace the notnrety which this case had otoueht uloi
him Colonel Gardiner spoke for nearly en- h""'
and hall. -. , o,c,ock Fo-
recess followed, and promptly at oeiofK s He. 1e
oordnr CoN hogan his charge TO the jury ne ut-
ancd the law relating the case and the jury az
Z. Won 20 cOnsi1.f "