The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-06
No oFFENSE WAS PROVED.
,,,-rECTIVES FREED FROM IMPU-
TATION OF CONTEMPT.


JARRETT and Shea to Return YER
,i.t of Not GuiIty-The InfOrma-
3o, EiIed by the District Attorney
cbnrgcd the Attempt to Impede
,bo administration of Justice-The
n.fepdnnts Discharged With an
,dmon5tion Not to Do 1t Again.
crnnd Jury and District Attorney
commended.
pefore the evidence of the defense had
oil been introduced in the United States
1-ourt Yesterday, Judge Speer interposed
~ direct a verdict OF not guilty in the
.e brought against Detectives Wether-
h,rr scully Barrett and Shea. The de-
+a.+fres were all discharged. with an ad-
,,orfron not to do 1t again.
When court convened District Attorney
1ryin was prepared with the charges
agaipst the men that Judge Speer had
.firected should be filed. These charges
were based on the evidence given before
tbe grand jury Monday, and related to the
trip taken by the detectives and their
prisoners to Gildea's, Reilly's and other
bars. the incidents Of that trip, the dis
c3very of the package with unknown con-
dents behind the whisky barrel at Rell-
Tvs. the purchase of four revolvers from
1be men by Detective Wetherhorn, and
the refusal to turn them over to the state
or federal authorities, and the meals fur
nshed Belmont and Neison, while in jail,
at the expense Of Detectives Scully and
Shea.
The district attorney had prepared an
Information charging the defendants
with violating in the manner above out
lined the section Of the revised statutes
that prohibits interference with the due
administration of justice in the United
Sites courts.
A number cf Witnesses were introduced
in behalf of the government who substan-
1iated he matters Of fact charged in the
information but did not succeed in
showing any criminal intent on the part
of the Gete ,tives. Neither was it shown
thai the detectives had any desire or in
tantiUn of interfering with the adminis-
tratiou of justice in the United States
District Court, criminally or otherwise.
The examination Of these witnesses was
conducted for the government by Assist
ant District Attorney w. r. Leaken, and
for the def ndants by Mr.. w. w. Osborne
who with Hon. f. G.. duBignon, appeared
for them The issues of fact demanded
the decision of a jury and enc was drawn
without difficulty
The only witness introduced by the de-
tectives was one of their number, Detect
i've WetherhOrn. His eXamination produc-
ed considerable amusement In the court
room. arising principally from the wit
ness description Of The manner in which
the safe-blCweTs, Belmont and Nelson,
had been induced TO yield up their Sc
cret 1t appears that these ingenious in
diyidudls we're inclined to be reticent and
that il was only after they had been mel
lowed by the administration of several
drinks that their tongues were loosened
aud they began to tell what they knew.
Detective Wetherhorn stated that he had
bought the revolvers from the men merely
to contribute to their pleasure, furnish
them with a little money with which to
procure the delicacies they craved and
which were not included on the prison bill
OF fare and thus induce them to be-
come more generally good-natured and
communicative. The -revolvers themselves
We're of no value to the detective, being
originally of poor construction and having
seen much i'll usage, and the investment
OF the s. he had paid for them had been
with no view to pecuniary profit from The
resale of the weapons, but designed
merely to smooth the way to full and
free confession.
He had not thought of the money as
long as it would serve to help the city
detectives identify the prisoners as the
men who had robbed the postoffice at
Ocilla.
Then the S. was nothing to you, Mr.
Wetherhorn?" the assistant district at
torney queried.
"Oh, yes" came the prompt correction
from the witness, that for some reason
created a ripple of amusement in the
court room, Il am poor man"
Detective Wetherhorn did not a all
times speak very distinctly and on one
of these al
nm to talk so that the court and jury
might hear plainly what was being said
Speak up, Mr. Wetherhorn," said the
court Talk so that we may all hear
you Speak, for instance, as though you
were addressing a Sunday School meet
Ns' there was another laugh at the ex-
Pehse OF the Witness in which he Joined
as heartily as did the most disinterested
Spectator
AT the conclusion of the evidence given
ny This witness, Judge Speer stopped the
introduction # other testimony. 1t was
dl lLls of the hearing that he d.
iected the jury to return a verdict of not
guilty.
This case was one very proper to be
INVESTIGATED" said Judge Speer 1.-The
eIdu" jury acted properly in bringing it
~ me attention of the court, and the
uSIlct attorney in filing the informa-
uon so that it could be Investigated.
10y ollcGIS dclGu very lUpTuueut-
~ II they were United States court Off
Gems they would probably be disciplined
un iAese facts. But it does not appear TO
me tAat there has been any intentional
VOCATION Of this statue against corrupt
~ attempting to impede the administra-
Uoh OF justice in this court
il a confession had been obtained by
PAYING IS for the prisoners pistols or by
ewing prisoners intoxicating drinks,
mat confession would have been exclud-
"a by the court, because a confession
cannot be admitted if it is obtained by
reward, The detectives therefore were
SIMPLY blocking the progress of the trial
Nhan they were seeking to get a confess
son and a plea of guilty. in that way.
'It does moi appear, however, that il
was oorruptly done. that Is with the intent
10 impede the administration Of justice
All his feeding of United States prisoners
Ill Inc Jail by the city detectives is g mat
t' With which we have no concern. If
lNe savannah city detectives desire to
Iemper prisoners confined ID the Jail with
tn- Injuries of Mr.. Toussant's restaurant,
u Us not matter the government has any
'aAt to object to, unless, perhaps Il