The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-04-01
EULEkBURG WAS ACQUITTED.
VERDICT A SURPRISE TO THOSE
WHO FOLLOWED THE CASE.

NA&nt,
eight Hours on Trial - Judge
Twisgs' Mastery Argument Before
the Jury-He Poured scOrn, satire
and Bitter RidicuIe on the States
Witnesses-He Roasted Levy to His
own and Everybody EIse's Con-
tent.
A jury in the Superior Court yesterday
rendered one of the most surprising YER
diets that the records of the courts dis
play. The verdict found Theodore Eulen-
burg not guilty of robbery. for which he
had been indicted by the grand jury.
The verdict was returned at 9 o'clock last
night, after the jury had been out some
thing over two hours. 1t is no exaggera-
ton to say that of the people in the court
room. who had followed closely the evil
dence on the part of the state and de-
tense as it was introduced. there were
not half dozen to whom the verdict
was not surprise. Some of them had
thought that the display of Eulenburg's
wife and children in the court room, dur
ing the progress of the trial, might have
induced the jury to accompany its verdict
of guilty with a recommends ton to the
mercy of the court, or even to punishment
as for misdemeanor, but those who had
viewed the return of a verdict of guilty
as anything other than the most remote
improbability might have been counted on
the fingers of one hand.
To nearly everybody other than the
members of the jury the evidence against
Gutenberg seemed overwhelming The
of fl1.a urhn oil
been robbed, to the effect that at the time
his money was taken away from h m. he
still retained possession of his senses and
that Eulenburg was in the room, aiding
the others in the commission of the crime,
but the circumstantial evidence against
him was sufficiently strong TO preclude, in
the minds of nearly everybody except tie
jurymen, an hypothesis other than the
guilt of the accused. In securing the re-
lease of Eulenburg and the verdict OF not
guilty, his counsel have achieved legal
triumph of the most remarka BILE descrip-
ton.
The evidence introduced at the morning
session of the court occupied little time
and was mainly in rebmtal Before it
was well under way, however the court
room had been filled with specta9 ors, who
remained close and interested .istene I'M
til the charge of the court was delivered
and the case went TO the jury, at clo.k
in the evening.
The arguments for the defendant were
made by Mr.. +. VI. Oliver and Judse H. d.
d. Twiggs. Mr.. Oliver confined himself
to an examination of the evidence for the
state and to plea for the jury's close
consideration of the case and verdict Of
not guilty.
The speech of the senior counsel for Eu-
lenberg was a scathing denunciauon of
the wi nesses for the state. For more thaa
an hour Judge Twisgs roasted them, and
when he concluded they had scarcely
moral leg to stand upon. Judge Twiggs
turned and emptied the walls Of his wrath
upon Chason, the prosecuting witness,
with a vigor and determination and bit
terness of inVective that few who had
heard that young man deliver his Evidence
thought exactly fair That he had been
foolish and indiscreet Chason was the first
to admit, but his offense had not been of
that objectionable character the court
spectators fet would have justified the
sarcasm of Judge Twiggs He writhed un-
der it. and more than once had to be re-
strained by Judge Falligant from inter
rupting Judge Twiggs' argument for the
purpose of making a reply in kind to some
especially emphatic bit of invective.
Not drunk" said counsel, referring to
Chason. why a little while before the
time when he says he was robbed he
knocked at the door of the Ahambra, and
in strIdent tones demanded 10 kiss the
blushing cheeks of a mans wife. Not
drunk Why he even offered to pay a
premium for the production of one of the
women who trip the light fantastic toe on
the boards of that recherche establish
ment. Not drunk! The evidence is that
during the course of two or three hours
he took twenty or thirty drinks, each one
of them of three tingers-a yard of whis-
ky! Not drunk! Bah, the very thoughts
absurd"
Then Judge TWiggs turned his attention
to Levy, one of the men who has confessed
his connection with the crime, and exec
rated him in a fashion that was meat and
drink to the specta Tors.
Can you believe a word he said?" Judge
Twiggs inquired of the jury. Does not
his very face and manner mark him as
Incapable of telling the truth? l know you
won't give credence to a word he has said
that seeks to blast the fair name of this
unfortunate young man" The '.unfortu-
nate young man." to whom Judge Twiggs
referred was Gutenberg.
Just think of it." counsel begged the
jury. Here is this abandoned creature,
who confesses HIMSELF a thief of the
lowest and vilest description, and who
gets on the witness stand and says that
in reference to some matter he viii not
swear that the interval that elapsed was
fifteen or twenty minutes So careful of
his character so watchful in maintaining
his reputat don for integrity and good
faith. so fearful lest he should tell any
thing that was not exactly true. Did
you ever witness a more disgusting exhi-
billion of hypocrisy? He is absolutely the
worst l ever saw" continued Judge
Twiggs
Judge Twiggs closed his appeal to the
jury by throwing to the solicitor general
the same bouquet with which he usually
favors him. That is, he told the jury
that he knew it could not convict on the
evidence, and that If II did bring in a
verdict of guilty it would be brought
about "by the shrewd and ingenious pres
entation of 4 weak case. that will be made
by this remarkable young man." Here
Judge Twiggs beamed on the solicitor
general and gave him few metaphorical
pats on the back, who has but few
equals as prosecuting officer in
this country" When jury
hears this it is supposed to pat
itself on the back and determines that no
amount of ingenuity on the part of the So
Hector will suffice to throw dust into its
eyes. II is supposed to be a jury among
1uries and bring in a verdict in strict &C