Waterbury Democrat., 1901-05-13
EASTMAN GOES FREE.
Jury Declared Him Not Guilty After
 Being Out Five Hours.

Being Out Five Hours.
 Cambridge, Mass, May 13.- Charles R. Eastman was declared not guilty of the murder of his brother-in-law, Rich ard H. Grogan, IT, after the jury had been out five hours Saturday night. The announcement was received with cheers from crowd that filled the court room and spread out into the street It was the largest crowd at the court house in all the three weeks trial of the Harvard instructor.
 Attorney General Knowlton finished his argument at 1:30 D. m. A recess was then taken until 2:45 o'clock when the judges charge was given Judge Aiken occupied almost exactly an hour, speaking with great deliberation and distinctness- He carefully defined murder as killing with malice, and murder in the first degree as killing with deliberation and premeditated malice. Murder in the first degree, he said, required purpose considered and formed before carrying out the act of killing. It is not sufficient to prove that Grogan was killed by revolver: the government must go further and show that Eastman killed him with de- liberate malice. If you have ques- tion," he continued, ''as to a deliberate ly formed plan, and yet find malice. it Is murder in the second degree. If malice is not proved and you find that Eastman did kill Grogan by gross care lessness, then it is manslaughter"
 The court next took up reasonable doubt. 'It is not enough,v he said, '.for the government to satisfy you that there is a well-grounded suspicion of murder. Something more must be shown. A well-grounded possibility, even some thing more than probabil- ity."
 It is necessary, he added, for tlfe government to prove all the facts in the case, but all those which have a direct bearing on the issue. While it is not necessary for the government to show motive, in acting on the ques- ton. Judge Aiken told the jury, it might consider it as bearing on the question of intent. The jury has the right to inquire if it was an act of re- yenge or jealousy which led Eastman to commit such a crime. As to Gro gan cry lIitI lloN him it must not be considered, he said, unless Eastman assented by word or by his silence.
 Judge Aiken hardly touched upon the evidence of the case and made hardly any reference to. the mass of expert testimony, conining himself al- most entirely to directing the jury to consider the case fairly and as respon- sible men would do. One suggestion was offered by the counsel for the de- fense as to manslaughter, which was repeated to the jury.
 During the charge Mrs John Grogan tainted and had to be taken from the court room. The jury went out at 4:05 and brought in verdict about 9:30 D. m. When the verdict was announced. and the great crowd burst out in cheers, waving hats and handkerchiefs "a demonstration which the court did not attempt to Eastman turned and shook hands with those who surg ed about him. Mir Eastman's aged mother was so overcome that she had to be taken from the courtroom. His wife was almost hysterical, laughing nervously, but never giving way to tears.
 After he had freed himself from the group of friends Eastman went over and shook hands with the jurors and thanked them.