Evening star., 1898-06-13
CAVITY GOES FREE
Jury Returns Unanimous Verdict in
His Favor.
DECISION MADE BY VIVA VOCE VOTE
Pathetic Scenes in Court Follow
ing the Announcement.
HOW VERDICT WAS RECEIVED

| last, at $40 o'clock last Saturday night,
after the jury had been out a little over
| three hours. The verdict was reached by a
| viva voce vote of the jurors and it was
unanimous. They could have made that an
nouncement Immediately after all the evil
dence was in day or so previously, as at
that time they had concluded Canty was
| not guilty of murder. Foreman MARI is the
authority for this statement.
District Attorney Davis continued his ad-
dress, after The Stars report closed Satur-
day, ard made a remarkable and scathing
denunciation of the defendant. 1t showed
that he was determined. if possible to Sc
| cure conviction. Justice Cole began his
charge at 5 o'clock and went through the
prayers of counsel in exhaustive and
explanatory way. He was apparently most
liberal, and the opinion was current after
ward. bearing out The Stars prediction
that the jury could not. in view of the JUS
tice's charge, find Canty guilty of murder.
Ths passionate speech Of Mr.. Davis and
the nearness of the verdict completely un-
nerved Mrs. Canty and the mother and sis
ter of the accused man, who sat at his side
in the room. His wife was almost hySter-
ical during the whole time When Justice
Cole finished, at 5:37 o'clock, and the jury
filed out of the court room foC the last time,
anxious, tired. heartsick little Mrs. Canty
began to cry and moan in a most Distress
ing way. Her husband tried to soothe her
but she could not repress the convulsive
sobblng. Their friends all over the court
room hurried to her, and one after another
tried to comfort the desparing woman
Finally she was led down stairs into the cell
with her husband. Crier Joyce in the mean
time had announced that recess for thirty
minutes would be taken.
The Crowd fingered.
The crowd remained in and around the
court room, and none thought the jury
would be long in reaching a verdict. They
We're not ready to report at the time stat
ed, and Justice Cole extended the recess
| till s o'clock. announcing, also, that he
was going to dine with his brother, W. l.
Cole at Mt Pleasant.
The anxious and interested spectators
hurried to their homes and. returning at
S O'Clock, all but filled the half-lit torrd
court room. There was only woman
present, and she had rot been observed
| before at the trial. Judge Wilson Mr..
Worthngton, Messrs. Thompson and Frail-
ey of counsel for the defense and Messrs
| Davis, Shillington and Laskey of the gov
ernment's force Were present. The defend
ant, his wife and female relatives and
anxious moments. Everybody watched the
| door for Justice Coles arrival. AT $40
| O'Clock Mr. Van Senden, his face illumnat-
| ed by hope, breathleIsly came into the
room and whispered tC the counsel that the
| jury had reached a verdict Still his honor
| did not come, and eE ,rybody became af-
ilCltu WIN IuSelS. 900 1ttTk (rdlley
hustled in, the audien. braced itself Jus
| tice Cole calmly appeared and took his
seat on the bench, Crie3 Joyce raped to or
der and down the tub{ the clerk whispered
court. AT $40 sharp ts jury filed in amidst
| breathess silence. to4k their accustomed
| chairs and each RESPONDED as the clerk
| called the roll. Caity, ashen pale, but
| calm, pushed his wayi;o his seat, followed
by the guard The sp 2tators were relieved
| to find that the lades did not appear.
| painful scene had beels expected.
The Verdict ANNOUNCED.
Have you agreed Upon a verdict?" ask
ed Clerk Gatley, rising from his chair.
I'VE have" responded Foreman 2Iarr, as
| the jury stood upon their feet. No look
| from them betrayed the words TO come.
1t was a: terrible moment for Canty; an
intense, anxious period for the others.
DO you find the accused guilty or not
gulty?''
Not guilty! The foreman's lips had
barely framed the reply when cheer broke
through the room. Canty's eyes filed with
tears, blood rushed to his face, and in a
moment his hands were going like pump
handles, and he was surrounded by an
eager, thankful, joyful crowd of friends.
Crier Joyce pushed through the audience,
| commanding order, but little heed was Civ
Ell his words.
The sound of womans sharp sobs came
from the corridor back of the room. Mrs
shals office. The hoped-for news prostrat-
ed her. She sank weakly down. pathetical-
ly moaning and crying, in chair. Her
father tried to quiet her but was poweress
Her friends Tanned her and others brought
ice water. Her hands trembed SO she
could not put the glass to her lips. Mrs
Canty, the aged mother of the free man,
meantime had hastened to the court ROOM
and, fnd1ng her son, she threw her arms
around his neck. and then, taking his face
In her hands, she kissed his cheeks both
sides again and again. No words came
from her, but her pale, worn cheeks quiv-
ered with emotion, and tears dropped down
upon her black dress. Canty cried and So
indeed, did all near by
GO to your husband he needs YOU
Don't stay crying here whispered q friend
In the ear of the sobbing wife. in the mar
shafs office The effect was electrical. The
moans ceased; only few convulsive sobs
came. She forced herself upon her feet
and, with arms feebly outstretched, strug-
gied toward the door. 1t was scene sell
dom equaled for pathos. AS the wife reach
ed the corridor her husband, seeing the de-
yond.
He is coming to you. Mrs. canty," cried
She stopped like woman stricken, and,
held in the arms of her faithful sister-in-
law waited The crowd was SO dense that
Canty had difficulty In getting to her.
Slowly he drew nearer, and then. a space
having been cleared by the messengers
and deputies, husband and wife sprang to-
setHef- I1eT arms were about his neck,
her head laid upon his breast, and he clasp
ed close, kissing and soothing her anguish
ed JOY. There was not a dry eye to be
seen In the corridor at that moment and
not spectator but was glad that the law
had spared the devoted wife's husband.
Everybody was crying, II told you So" and
Mt Worthington. Judge Wilson and the
other counsel almost lost their hands in
the close. continuous hand-shakes they
received on every side as they passed out
Into the air.
The free man and his wife and relatives
were pushed by friendly hands into the
marshal's Office, and the crowd which
would have gone on shaking Canty's hand
and cheering up his wife for an hour was
forced to waste its energy upon itself.
Foreman Marr'x Statement.
Foreman Marr, with a bundle under his
arm. was hailed by The Star man just as
he thought himself beyond reach the
city hall steps.
I am going home to my wife and babies,
whom J haven't seen for four weeks" he
cried We only took one vote-a viva voce
Vote-and 1t was unanimous. Practically
our minds were made up after the evidence