New-York tribune., 1902-12-24

Preparations for Big Celebration y
Verdict Is for -4cquittal.

Freehold n j. Dec 23.-There is intense eX-
citenent here tonight, owing to the fact tha1
the jury in the Biggar conspiracy case is COLI
sidering the fate of the three alleged consplra-
tors The jury has been out for several hours'
and ND to $50 o'clock no verdict had been
reached, and the jury was still debating. A
peculiar feature of the is that the jury
had not I'D to that hour asked for supper Thls
is INTERPRETED by those about the courthouse TO
mean that one man is holding out one way or
the other and that the other eleven think tnat
at any moment he may join the majority ana
make it unanimous.
One of the jurymen in the evening asked the
constables guarding the jury for permission to
telephone to Judge Heisley. This. OF course
was not permissible. 1t is supposed this juror
was the obstinate one and that he wanted in
struction on some point of law. 1t was eX-
pIained TO him that any communication with the
Judge or any one else must be in open court and
the affair was dropped. the jury not calling for
the assembling of the court.
The town is camping out for the verdict II is
as if the trial had been made an adjunct to the
Christmas shopping. Not in years nave 1he
local merchants reaped such a harvest People
who ordinarily would have shopped in New
Brunswick or further away from home have
this year shopped here and incidentally at
tended one or more sessions of the famous trial.
For this the local merchants are duly thankful.
Miss Biggar or Mrs Bennett. whichever she
be- is awaiting the verdict in an unconcealed
state Of nervousness. DR.. Hendricks's wife, who
has stood by her through the trying scenes OF
the trial is still with her
Should the verdict be favorable to the de-
fence there Will be a Christmas tree tomorrow
night at the hotel. The tree has been purchased.
but not yet delivered Should there be an ac-
quittal. the tree will be gala affair, with Miss
Biggar. her son and the Hendricks children as
the principals If the verdict be against the ac-
cused there will be no tree.
When court opened this morning Miss Biggar
again took the stand. She denounced as false
hoods the statements made yesterday by Josie
Lane and Mollie Deskin to her alleged i'm
proper relations with DR.. Irwin Mr. Miller and
Paul Everton. She said she had made every
possible effort to have these men come here and
testify but had been unable to secure their at
tendance
DR. Hendrick then took the stand. and he de-
MED the statement made by Josie Lane as to his
relations with Miss Biggar. This ended the
testimony, and il agreed to limit the
speeches of counsel TO two and a half hours for
each side
Prosecutor Foster summed up for the State,
and began by saying that he expected the Jury
to render verdict of guilty charged in the
Indictment against the three defendants. Re
ferring 10 Miss Biggar he said that there was
not sufficient legal evidence TO show that she
referred in a sarcastic manner to Miss Biggars
conduct while in the courtroom ard on the wit
ness stand. He said she was not succeSsful
actress far as her appearance in court was
concerned. She went the stand with a big
palm leaf fan and bottle of smelling salts, but
the ONLY time she shed tears was when she
ferred to the fact that she had not received the
money or the diamonds which Mr.. Bennett left
to her. while on the other hand when she re-
cited the circumstances of the birth and death
of her child she showed no feeling.
Mr.. Noonan summed up the case for the De
fence, and made A vigorous appeal in behalf OF
Miss Biggar, whom counsel said had been mis-
represented and prosecuted by those who were
responsible for the charges against her. He said
that they had proved that Miss Biggar had
been legally married to Mr. Bennett, and that
she was the mother of his child. On the face Of
this evidence neither of the defendants could be
guilty of the charge of conspiracy.
Aaron E. Johnson then followed for the de
fence When he had finished Edward Wilson
had the last word to say for the prosecution.
Judge Heisley then explained the law to the jury
in a long charge.