New-York tribune., 1901-03-01
DAVIS ACQUITTED.
JURY FINDS THE BELLETTE
NURSE NOT GUILTY.
INDICTMENTS AGAINST DEAN AND MAR
SHALL WILL PROBABLY BE DIS
MISSED-JURORS OUT FOR
ABOUT FIVE HOURS.

The jury in Part ri of the Court of General
Sessions last night acquitted Jesse R Davis
the former head nurse in the insane pavilion of
Bellevue Hospital. who had been trial more
than two weeks on the charge Of causing on
December 10 the death of Louis H. Hilliard. a
patient in the pavilion. About 10 o'clock infor
nation that the jury had agreed verdict
was given TO Judge Cowing who waiting in
his chambers. The judge Immediately went to
the courtroom and the jury filed in. In response
to the usual question. the foreman announced the
verdict of Not guilty" Judge Cowing thanked
the jury and discharged Davis from custody.
Davis took the news of his liberty with apparent
coolness He had expected an acquttal
Throughout the trial he has borne himself like
a man who looked with confidence for such a
verdict.
The acquittal of Davis is expected to result in
ward o. Dean and Clinton L. Marshall the two
nurses who were with Davis in the insane
pavilion when Hilliard died there The nurses
were indicted partly on the strength of state
ments made by Thomas J. Minnock, a reporter,
who was in the insane pavilion at the time of
billiards death and who had gained admission
by shammng insanity in the hope of getting
material for sensational story and partly on
the report of DR., Donlin, coroners ply sican.
that the death of Hard had been caused by
strangulaton. Minnock declared that he had
seen the nurses choke HiIard with sheet
twisted around his neck At the autopsy DR.
Donln found that the hyoid bone in Hilliards
neck had been broken This bone usually is
broken in cases of hanging
TESTIMONY OF THE INSANE MEN.
At the trial insane men, who had been
patients in the pavilion with Hilliard and who
are now inmates of the asylum Wards ISL
and. were called witnesses. and swore that
they had seen Davis twist sheet around Hill
iard's neck They said further that there had
been a violent struggle between the nurses and
Hilliard little before his death The fact that
Hilliard had fought like maniac not dis
puted. The defence showed that Hilliard had
heart disease and Francis L. Welman, who
conducted the defence called several expert wit
ness's TO prove that DR.. Donlln had been mis-
taken In the conclusion that the autopsy showed
death by stranguation. Minnock dscred-
ited as a witness and involved in amaze of con-
conviction finally rested on the testimony of the
two insane men The testimony OF the two lu-
natics admitted against Mr.. Wellman's
strenuous protests. and he was not allowed TO
call expert witnesses to show that the mems
memory could not be trusted. II was apparent
from the verdict that the jury discredited the
testimony of the insane men and believed the
statements made by Davis
In his address TO the jury on Wednesday Mr.
witnesses with much force of argument. He
also brought out in a strong light the evidence
which indicated that Hard's death had been
caused by heart disease, and that the hyOd bone
had been broken before he went TO the hospital
MIR Wellman in the courtroom last night
when the verdict OF aCquittal was announced.
He said he thought the verdict settled the ques-
ton of allowing insane witnesses to testify.
MIR. PIERCE SUMS UP.
When Assistant District Attorney Franklin
Pierce began to sum up for the prosecution yes
terday morning. he declared that Francis l..
Wellman. the leading counsel for the defence,
had been summing up during the entire trial.
one-quarter of the record consisting of Mr.. Well
mans objections and comments. He declared
that Mr.. Wellman one of the greatest
actors and had taken advantage in attempt
ing to influence the jury. and he never had seen
in any other trial such attempt to establish
friendly relations with the jury.
Il am Indignant - went on Mr.. Pierce, turning
and shaking his hand at Mr. Weman. when
things are done such as have been done in this
trial Gentlemen the jury system has been
brought down in this city during the last ten
wears through unprofessional methods like these
to condition which Is not tolerated In country
towns outside of New-York."
| Mr. Pierce said he would not expect convic-
ton on the testimony of Thomas ]. Minnock
alone He would not ask the jury to believe any
of Mnnocks testimony that was not corrobo-
rated He asked for belief in the testimony Of
the two insane witnesses. saying:
! If I had brought you testimony that had all
! agreed YOU would have d right to think that it
| two men who gave the same story of an incident
| If they testified honestly to what they reCollect-
| ed Fix up job with lunatics? You might as
we'll try TO fix up job with whirlwind.
| Mr. Pierce declared that there was evidence
| to show that Louis H. Hilliard entered the in
! sane pavilion of Bellevue Hospital physically
| we'll II say he declared. with much energy
Il say that if that came into the asylum
! WELL and twenty-six hours later was found dead
with bruises on the body. that fact alone is
enough to convict. Hundreds of men have been
sent to the electrical chair on such evidence.
The Assistant District Attorney asked why
Dean and Marshall had not testified for Davis
| Then he continued:
| Why | think Davis's testimony itself is al
most enough to convict him. The statute says
| that any one guilty of neglect unkind treat
| ment in handling unatics commits a misde
meanor. and that when death ensues as result
| of an attempt 10 commit a misdemednor, IL is
manslaughter. 1t doesn't involve criminal intent