New-York tribune., 1901-12-14
GOSLIN DECISION STANDS,
APPELLATE DIVISION UPHOLDS CoNV1C-
TION OF CONSPIRATORS AGAINST
BROOKLYN RAPID TRANSIT.

The AnnaI3a.s Division of the Supreme Court yes
terday handed down decision affirming the Juus
ment of conviction against Alfred n oooi,'-
Eugene L. Packer and Charles Thomas DaViS' W.
were charged with conspiracy to depress the MAJ
ket value of the stock of the Brooklyn rNapu
Transit Company They were tried oeIoie Jus"
Fursnan in the Supreme Court and convlc'ea VI
1nisdemeanor Goslin sentenced 10 SIX hOilti
Imprisonment in the penitentiary and TO pay nAe
of $500. Packer and Davis were senlenceu " IN
months Imprisonment and to $50 me eacn-
Justice Patterson wrote the opinion OF the Ap-
pellate Division in which all the other Jusuces "o
heard the anpeal concur Justice Patterson declares
that the proof of the existence OF conspiracs "
fnjure trade was overwhelming. On the appear tne
defence relied especially upon an eplsoue "A
happened after the evidence was All III AZ
trial A recess was about to be taken for iuncn-
con- The trial justice said the jury wouid not pe
permitted to separate, and he added thal one VI
their number had filed an affidavit that he hau io
ceived offer of money to bring ABOUT uiSdstee
ment and had been informed that one juror nao
been fixed" The judge added that the charge
would be thoroughly investigated, and II the charse
found to be true the guilty persons "oulu os
punished
The defence maintained that this amounted prac-
tically to coercion of the jury, since any one OF
two men would fear to vote for acquittal, 1eenns
that their motives would be misjudged. AS 10 TINS
point. Justice Patterson says:
1t seems to us that the justice, presiding in a
very ba fG at to When he re-
fnq To ne b in the Of the
trial by Juror impaneed in the case it was for
him either ignore 1t to take some notlce OF IL
What the court said could certainly have had no
influence upon the mind of the juror who made the
affidavit. All the court did was TO notify the Jury
that it had become autnoritatively INFORMED ina
Of ther numbeT and that Therefore the
course pursued of keeping them togetner until
the case would be finally submitted TO them: Inc
situation was one that called for the exercise OF
sound judgment to the course to be pursued,
and jury reaSSeInbled after the recess tue
court very clearly instructed them that thelr de-
liberate consideration of the case was not 70 pc
affected by the communication he had MADE II Was
intended warning. and not as coercion ana
would not have affected the honest judgment Oh
honest jurors.
The justice then takes up the question OF proof
He says
A perusal Of the record makes 1t difficult to per-
ceiVe how either moral legal DOUBT could
arise concerning the Sufciency of the evidence 10
sustain both charges the Indictment The con.
spiracy and done in pursuance thereof
made appear plainly as any CRIME can De
Without stating that evidence in detail its
prominent features that the defendants, tTosilh
and Packer, in concert began some time IN the
month OF October. 1S99 an attack upon the Brook
lyn Rapid Transit stock.
The justice then tells about the advertisement
signed ''Truthseeker.' printed in New-York and
elsewhere declaring that the advertiser had made
thousands of dollars for clients by selling Brook
lyn Rapid Transit stock from 12o down to 80, ana
predicting that that stock would yet go down 70
fendant Goslin. Letters were be addressed to
Signed John H. Harmony" This was the name
used by Packer. report was also circulated that
the Brooklyn Rapid transit Company was going
into the hands of a receiver. The company onered
large reward for the conviction of the con
prevent payment of the reward The injunction was
subsequently dissolved