New-York tribune., 1898-12-06
MOORE JURY DTSAGREES.
But RECORDER GOFF ORDERS A NEW
TRIAL. on MONDAY
FOREMAN SAYS THAT SOME OF THE MEMBERS
OF THE JURY DID NOT BELIEVE

OF THE JURY DID NOT BELIEVE
SOME WITNESSES.
The charges Of grand larceny and assault against
". a T.. Moore. United States Consular agent at
Durham. South Africa. were given to the jury in the
Court OF General Sessions by Recorder Gof at s
O'Clock last night At l2tO O'Clock this morning the
jury returned to the court and announced through
the foreman that 1t impossible for its mem
bers 70 agree The foreman said that some OF the
members Of the jury did not believe tho testimony
offered by some Of the witnesses.
Recorder GoN asked the jurymen II there was any
point Of law that they would like to be instructed
upon. They sad there not. The Recorder ther
discharged them. Assistant District Attorney Nc
1ntyre at once moved that Moore be again placed
on trial nexr Monday morning Counsel for Moore
strenuously objected To this asserting that II would
be impossible for the defe ndant's lawyers 70 try
the then. hut after considering the application
for moment Recorder Goff decided TO grant the
motion. Moore Will therefore be retired on the
Indictment found by the Grand Jury Oh Monday OF
next week.
Moore and his alleged wi'c Faync are charged
with "badgering" Martin Mahon. proprietor Of the
Hotel New Amsterdam In Mrs. Moores room az
the Hotel Grenoblo. and getting from him $40 in
money some jcwelry. promissory noe for 5000
and signed confession hat he had been guilty OF
misconduct with Mrs Moore. These things. Il IS
charged, were exorted from the hotel by
Moore at the point OF a pistol. Moore afterward
broke Detective sergeant CuNS head with the
butt of the revolver, when CuT tried to arrest
him
In his charge TO the jury Recorder Goff. after
citing the law 10 what constituted robbery in
the first degree, nad read the testimony given by
Mahon and said that. In the conspiracy shown.
Moore was Just Guliy his consort who had
lured Mahon from the Metropole 70 the Grecuoblo
Hotel. lie had also refused to grant tho motion of
Abraham Levy, counsel for tho defendant that
he AL To hi charge that the fIlv should bring in
/ diSfelicNpd teS' H.
mcry 81 cn hy MaIon
On tn" rcsumng OF tho trial yesterday morning
thr prosecution announced that no more Witnesses
would be called TO prove the case. This announce
later Mr. Levy made an equally unexpected state
mont to the effect that he would not call any
had no established its case
MIR Levy reviewed the testimony IN the case. be-
ginning win the day Mahon saw the co-dcfendant
to the steamship on which she sailed for Europe,
; the nc thc complainant drank champagnc with
her two months ago at tho Grcnoblc Mahon's pur-
posf d W To m IN to e Sce S II m the Mr. he Ly S
been forced TO make to her husband. This he said
smoked and drank together in a Broadway saloon
Hnt for he stmpidv Of d sssap er
when he tried to secure possession of this confce-
sion SAD NJ Levy. mis- case would never have
to shield himself after being assaulted. had to
Assistant Distrlct-Attorney Mcintyre. IN sum.
ming up for h the people said tha' the prcsccu.
strangers who daily came TO the hotels OF this cltv
The evidence adduccd showed as clear case OF
"bnGacrIrg' could he proved
Amons tn spectators In the courtroom ycster-
day afternoon was Jules ID Mitri Alexandrovch
Confe dc Agrcnoss he said he was hrothcr-tn,
law Of Tn" Co;nte de Novach. an officer in the I'm
pcrinl Guard. at 81. Petersburg and had come
from san Francisco to look at Moore. having read
the story OF the trial I'm the papers Moore he
said was the same man who. in company with
Fayno Strahan Moore. in February last i'm Paris
"hadgorcd' the Comtc de- Navach out Of 10000
francs and secured from him notes for 4. 600
Fuldcn. Tho Russian Ambassador stopped pav-
mcnt on the notes. and through Ambassador Por-
ter secured tho resembling Of MOOrc's aDpolntmcut
as United States Consular Agent at Durham South
Africa.
Assistant Dlstrict-Attorncy O'Rcilly told the re-
poricrs In court that Mrs. Moore figured In sim
ilar which was tried In Brooklyn n little more
than year ago. She was then acquitted OF the
charge against her