New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-03

IN THE .JURYS HANDS.
THE TRIAL OF WILLIS AND PHILIPS
ENDED YESTERDAY.

ENDED 1ESIERDA1s
The end OF the conspiracy trial OF t. b. Wits
and w f. Philips. far as the taking OF evidence
Is concerned was reached yesterday afternoon.
After the day had been spent in summing up py
ths LAWYERS on both sides and after Justice smith
had given what considered FAR charge 'he
case was given TO the jury at so O'CLOCK inoso
who are Interested in the outcome of the case
waited In the courtroom or walked up ana oo"h
the corridors The friends OF the defendants were
confident that a verdict OF acquttal would speedily
be brought in.
Justice Smith took forty minutes in which 10
charge the Jury The Justice outlined the case as
he said the prosecution had endeavored to estab-
Iish II. and also made clear to the jury the case
which was claimed by the defence. No comments
on the merits of either were made. however one
important charge concerning the testimony OF
Daniel Doody Justice Smith said that as Daniel
Doody a self-confessed accomplice In the al
legged conspiracy It would be necessary for the jury
to disregard his testimony except as they believed
1t was corroborated by other witnesses
Before beginning his summing up for the defence
General Tracy again made the motions TO dismiss
which he made In opening the case. They were'
formerly. denied In turn General Tracy In MS
address confined himself almost entirely TO the
technicaties Of the law. He was careful TO reier-
ate again and again the stumbling blocks In the
way OF finding a clear case OF conspiracy. Then he
said:
We'll. then we pass to the next proposition. III
into this conspiracy. still your verdict would have
be q verdict of acquittal. because 1t is not
enough gentlemen that two or more men enter
into agreement The law assumes. In Its char
ity. that man may agree to conspire to commit
crime and then repent"
This. he said. rendered II necessary that some OF
the overt acts be proved. General Tracy continued
by taking up the various acts stated In the In
dictment. denying that Willis in any way
crimlnay cognzant Of them. The burden OF his
remarks was that Willis should not be convicted Led
subordinates In closing General Tracy lsid gre b
good character Of the defendants
Colonel Albert Lamb then continued the me s cass
more fully and in detail. He told the jury that
II Mr. Willis had had any intention Of being dis
he Su e White kept any Sf
% D sn6 hot the o0Ss db sad
Now gentlemen weigh the testimony n.y. carefU Old
Philips S' 10 per cent Of The contract price and finally
Sdmtted that it was 10 per cent Of the ,bs profits a:
S" wa any Y"G % psT N PAID P' Mr.
rather 50 per cent Now. suppose you had 'eye ,r
man Doody was in partnership with Philips? Doody
got an idea that b, Philips could be worked out ne
LAMB BECOMES DRAMATIC.
Toward the close OF his address Colonel Lamb
grew dramatic. and. turning toward the defendant,
said And this honorable man stands indicted for
felony on the word of Daniel Doody, and Mr.
Willis Will live long enough in this or any
other community to free himself from the sorrow
and misery which will follow that indictment
When / read Doody's testimony I'm the minutes OF
the Grand Jury, and the same as was given here
by that man. | felt n shver pass through my
New England home. that when that takes place
some one is walking over my grave II ! had
permitted a grand Jury to indct man on Doodys
testimony on those notes | should have expected
to shver for ever and ever. and felt throughout my
life a trampng on my grave
Colonel Lamb then went on and pleaded with
the jury not bring shame and disgrace to the
families of the defendants by convicting them.
sTEELE's BUsINEssLIKE PROPOSITION.
District Attorney Steele made what was consid-
cred wonderfully strong presenta ton. He devoted
himself carefully TO the jury In hand, and did not
allow any OF their pecuarties to escape him. He
said In part
81 congratulate you on the close OF this important
tria-perhaps the most important that has been
conducted in Kings County during the last quarter
OF a century My duties informal compared
with yours. l here simply in my official ca
pacity as District Attorney OF Kings County and
the responsibility OF the result is upon youH
Il have had great experience before Jures.
ten years a District-Attorney and number OF
years a Judge of high criminal court. and
say II you ask ma for my opinion in this case
in the presence OF these unfortunate defendants
that never in my experience have ever heard Of
a conspiracy completely supported by the facts
we have 1t before to-day"
Mr.. Steele then went on to say that he never
dreamed that Philips would acknowledge on the
stand that he in secret partnership with DAN
lei Doody. He discussed the partnership and told
the jury that such relationship could mean only
one thing. He mentioned the fact that the defence
denied that Willis was eognizant of the partnership
between Doody and Philips and said
which Is the more reasonable story, that Philips
never disclosed this fact to his best friend. his
dear friend. Mr.. Willis. who in position 10
help along these contracts OF that he did? Is II
reasonable under the facts forth to think
that he did not? Is there any honest man in the
sound Of my voice that doubts for moment |
that he went Immediately TO Mr.. Willis and said
We have arranged TO get some contracts. Now
do what you can TO help my man along You are
men of experience and judgment. Use that ex-
perience and judgment in this case. Men do not
act without motive and when you have got that
portion OF this story which the witnesses have re-
lated upon the stand II does not require any un-
usual intelligence or discernment 10 supply the
missing portions"
Mr.. Steele then devoted little attention TO the
Juryman who. when he had been examined for
the box. declared that he did not believe in cir
cumstantisl evidence. but later admitted that he
would convict on 1t II It were very. very strong"
He told the man that he had taken him because
he knew that hc vas man Of Judgment. unbiased
ana intelligent and able 10 draw MS own con-
clusions In conclusion, Mr. steele again compii-
merted the turyren - saying: mo honest Ameri-
can ever shrked his duty either in the swamps in