The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-02-18
TEN TO TWO.
Present Standing of the
Noonan-simpson Jury a
Terrible Rebuke to
the "JournaL"
HOPE OF ACQUITTAL, STILL
Disagreement Reported to the
Court, But Deliberations
Earnestly Renewed.
NO SIGNS OF SPEEDY AGREEMENT
Dinner for the Twelve Good Men
Sent for at 2.3O-Humors and
Rumurs About the Court
House.

The jury in the Simpson-Noonan case
Is still out The majority of the members
appear to be for acouittal, but there has
been from two to four who have held out
for conviction Shortly after two
o'clock the jury sent out for their dinner
which was taken to indicate that they
still had hopes of arriving at a verdict.
Justice Lippincott began his charge to
the Jury in the Noonan-Simpson trial
at precisely 2:4O P. NJ. yesterday, and to
a crowded court room. His Honor, at the
outset carefully outlined the nature OF the
indictments found against the defendants,
and even was SO particular as to enumer-
ate each count. He enlarged on the
gravity of the crime charged; how 1t al
fected the mainsprings and fountain OF
justice; how if it were permitted it would
sap the foundation Of social order itself
and subvert all principles of justice,
right and order He pictured in eloquent
phrases what it meant if a crime like that
charged in the indictment were allowed to
go free and unpunished; it meant, he said,
a blow at the very frameworks of the
free institutions of a free Rpublic.
Here, he said, were two men charged
with a grave crime and the question re-
solved itself into practically two ques-
tions, and these were:-Did Noonan and
Simpson really conspire by any acts
whatever TO obstruct the course or defeat
the ends of justice and di either one of
both of them accept $500 to procure such
an end. On these two questions the
court said. hung the whole case. The
court carefully defined the legal meaning
of the term conspiracy, and said to make
II complete it must be shown beyond
reasonable doubt that it was entered into
by two or more acts, and an overt act
must be proved. It was only necessary,
the Court said for the jury to arrive at
a conclusion that facts had been proved,
that the case had shown one act to prove
the conspiracy to make the crime COM
plete: but that fact, that overt act, must
be proved beyond a shadow of a reason
able doubt.
The Court then took up the evidence of
the informers, Beck and Pidgeon, and
said that practically they could not be
considered. either of them, as a particeps
criminis because they had not under
taken their work for a criminal intent,
but for another purpose, and the jury had
tive. If the jury, said the Court, should
believe the testimony of Beck and Pid-
geon and their not being accomplices, it
was not indispensable that there should
be corroboration of their testimony. JUS
tiee Lippincott, continuing, instructed the
jury that a mere invitation or temptation
to commit crime did not make the ifi-r
viter or tempter acomplice.
TN, f1711u
question of character testimony and ex-
planned the law very fully about the rep
utation of witnesses and the matters
which affected the testin1onyof those who
impeached the reputation of witnesses.
OF course the Court pointed out the testi-
mony of those who were paid informers
and detectives should be carefully scru-
tinized and the jury must see that their
testimony was carefully backed up and
corroborated. Whether it was in this
case that was a fact for the jury to de-
termine.
On the question of reasonable doubt the
Court practically closed its charge and
Justice Lippincott, in the clearest of
terms laid down the law on that point.
The jury, he said. If it found that there
was a conspiracy between the defendants
must remember that it must be proved
beyond a reasonable doubt, and if there
were circumstances that lead to a con-
clusion that the money paid was paid to
obstruct the ends of justice that fact
must be proved beyond a reasonable
doubt. Should any doubt arise the de-
fense must have the benefit of it, and the
jury on that point must acquit. If, on
the other hand, the jury found that the