The sun., 1901-03-01
NURSE DAVIS NOT GUILTY.
JrRy tCOII7S MN or 7HE NAV
SLAUGHTER or IOIfS HTiIiRD
Remark a bic Summing Up by Prosecutor Pierce
Truth Not In" Reporters Experts
Worse Than Liars; Jury Trials In Con
temnt Hush TO Shake DaNlsN Uand

Jesse K Davis the Bellevue nurse. was
acquitted last night Of the charge Of man
slaughter In the first degree. on which hc was
indicted ia connection with th1 dcath "l
the mnatic Iouis + iiilliaTd In the in>nn"
pavilion az the hospital on Dec -. I'M"
trial began before Judge Cowlng Two Weeks
ago las, MundIy
The iury was out i've hours, reporting a t
p.45 o. clock la,t night. At so'clock the jury
notified Judge Cowius that II had not reached
an agreement and h. directed that the juror
be taken 10 dinner In charge OF court
officer they went TO I.eggetts IN PARK row.
returning shortly after o'ClOch. IN t"'hN
minutes they sent out word that verdict
had been reached Judge towlhg procy''""
To the bench AID the jury nied iu. DAVIS
stood AZ the bar with his h anda IN his p"c"''s
The clerk asked for the verdict Rcta!nins
his seat th. foreman announced it. but ~"
court officer yelled % loudly that he must
stand up that It is doubtful II Davis heard
the verdict It wa- announced again, TIA"
foreman standing up lh,s timei DAVIS 49,
tened vith uumoved counteulncs. HIS "N-
pr.ssIo did not change until ne turned To
shake hands with his counsel, LAWYER Well
man
The Juror, and many speectators' crowded
around Davis and congratulated hlin. Hs-
sistant District Attorney Pierce, VINO COM
ducted the prosecution was not amons th'
number
LAWYER Welman said that he didn't know
when he would move for the dlslnlS-ai "'
the indictment against Nurses Dean ana
Marshall who were impleaded with DAVIS
u,,t elected 10 be tried separately.
Assistant District Attorney Pierce summed
up for the proTle IA tie aiirr"o.h
aid hs adtr's caused the Juror to
f..tf non NJ, 1
an omen uf good luck for the def"nc" hN
Lawyer Wellman. The Jurors smIled men
Of conducting TIA" case 9s uhpIol"s1,l"nh. MAJ
and tending t. bri ~ trial bv Jury t. lower
plane thsq WOULD be '",rraeda IN Sn SnH yernt GoHf
Of newspaper men and then quoted n'ert-
ING expert testimony positive mar, CON-
ppra,yr morr - lar sSprra,yS. vnPrr! an ON
To- dee larc that expert testimony hfd brousht
upon jury trials III" contempt of ihe peoIie.
poli,V OF the District Attorneys oiI1cc IN the
future t. DO without expert testimony ana
IT. g1., to the NV ni'f facts sI alone
MIR PierS. argued that the evidence Of
the two insane wiine';es he HTG%dlSgsd, Sss, WA, WA.
thsv vere rather general in their testimony"
stdd he was an evidence OF their truthful,
can il is ot sand Nr Pierce Joined the
jury ia the general smile Know nat one oi
my witnesses lMsnnocAl har gone INTO de-
IN rrIuly in his mind I, vDtless he dressed
M facts Al newspaper men do iho truth
l. not in ,hcu They sell extras at midnight
% raining lies When the Kennedy Jury
VA eut last week IN extra came cut anI ouuo-
inv maj the iurv had disagreed when tho Jury
did not report their disagreement until next
day Yesterday newspapers announced That
We were frightened NJ the fire IN this build
ing when 1t was nowhere near US.
Judge Cowiue at once began hs charge
aud the Jury : demeanor speedily changed
Tie Judge said that tho admitted facts were
That Hilliard was deed. hat lie died ~ Belle
Nur Unsultal on the Afternoon oi Dec. Il,
1900 and that he died at the time or linmedi-
rtplv after. the defendant and two other
nurses we're using violence 10 min. he
Two most important questions were, what
caused death, and II caused by the defend
ami was he justified IN using yiO encc;
"Onr witness testified that heart faNure
vns tha cause Of death" continued the Juig
Who caused that heart TO FAM one says
that IL was exhaustion. Who caused thai
e1haustiou9 The third said Hllliard died
OF straugulatiun Who strHngled HIM: ~
Won conclude that this defendant did net
cause contribute 20 or hasten Hilliard 5
death he IL not guilty Every human being,
sore ar insane has an absolute right 10 every
,niiuta oi ms If" II one shortens IL to I'll"
extent Of fve minutes be ts accountable Tor
that mans death let Us assume Tor argu-
men, that YOU come 20 the copcIuSlon that the
defendant did contribute 10 that mans death.
IL that is true II he wa. not legally iusu-
nad he ! guilty 81 feloniOus homicide. There
is no escape from that