New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-07-20
OF THE B. r. II. RAIDERS.
JUSTICE BIsCHOFF GRANTS CERTIFICATE
OF REASONABLE DOUBT

Alfred R. Gosn. Charles Thomas Davis and
Eugene L. Packer, who were convicted of con-
spiracy to depre.s the stock of the Brooklyn Rapid
Transit Company. in a trial before Justice Fursman
and jury in the criminal term OF the Supreme
Court obtained from Justice Bischoff yesterday
in the Supreme Court. certificate of reasonable
doubt the legality of their conviction in order
that appeal may be taken.
Justice Bischoff fixed bail for Goslin, who
sentenced to six months in the rententiary and a
fine of $500, at $4,000; and for Packer and Davis,
who were each sentenced to three months impris-
onment and a fine of $3.50, at IS 900 each.
The argument behalf OF the three defendants
was made by ex-Judge W. NJ K. Olcott. The peo-
pie were represented by John Proctor Clarke. who
was appointed special deputy attorney general
to prosecute the charge against them.
Mr.. Olcott said the defendants had only been
convicted of a misdemeanor. and unless the GER
thcates of reasonable doubt granted the
cused would be injured beyond remedy. their
sentences would expire before the Appellate Divis-
ion could entertain the appeal He then referred
the action of Justice Fursman at the close of the
case, when he refused to allow them to separate
because he had been informed by one of the jurors
that attempt had been made to bride him not
TO md verdict for the people. and attempt
or the same kind had been made with reference to
another juror. Justice Fdrsman said the affair
would be thoroughly investigated, and if found TO
De true the person who offered the money would
be punished and the juror who failed to make the
statement to the as TO the attempted bribery
would also be punished.
governor Black asked permission" said
sci. to make motion in view of the statement
mace by Justice Fursman that the jury be dis
charged from the further consideration of the case
justice Fursman said that the other side did not
consent to the motion he would deny 1t After At
torney-General Clarke and Governor Black had
summed up. Justice Fursman did all in his power
TO repair the error he had fallen into and told the
jury they were not be swayed in the exercise of
their duty, either individually collectively by any
statement he had made Nothing could repair the
error made by the trial judge. The statement
was made in haste after the judge had learned of
the attempt to bride jurors, and could not be
called"
Counsel said that the issues of fact to
whether the rumors circulated by the defendants
with reference to the Brooklyn Rapid Transit Com
pany were false, and whether the defendants knew
them to be false for they admitted they had made
them He maintained that the jurors were nfiu-
enced by Justice Fursmar's statement, and any
juror VINO refused to agree tC conviction would
nave been pointed at as the second Juror said to
have been fixed" He commended that the certih-
cate should be granted. that these could
remain out on bail until the Appellate Division
passed on the case.
Mr.. Clarke opposed the motion, and said that II
was better that Justice Fursman should refer TO
that the juror who made the affidavit should in
form the jury how he had been approached. He
maintained that had been committed by
the trial judge, and that the certificate of reason
able doubt should be refused
Justice Bischof at once granted the motion.