Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1902-12-05

Plymouth. Mass, Dec. 2.-After
listening TO great mass OF contra
dictory testimony. the jury In the
Plymouth superior court, at ! o'clock
this morning, decided that the seven
men OF Marion accused of tarring and
concerned in that now famous case.
and retur ned a verdict of not guilty.
The men thus cleared of the charge are
Messrs. Andrews. Bates, Bumpus, Gift
ford. Mcleod, Potter and Silva, all Of
Marion.
The jury was out eight hours, but the
court waited for them. and when short
ly before l o'clock the foreman noti-
fled one of the court officers that n de-
cision had been reached. the little court
house was soon ablaze with lights.
Judge Harris, who had gone to bed at
the clubhouse. was summoned, as was
District Attorney French. but Mr.. Cu.l-
milgs, counsel for the seven men, bad
gone back TO Fall River. confident, as
he said. of the outcome.
The jury and the seven men were in
their seats when the court arrived and
in response 10 tn usual question by
the clerk the foreman replied that the
jury had found the men not guilty in
every case.
The district attorney was perhaps the
most surprised man in the court room.
but he took the verdict good humoredly.
Judge Harris at once ordered all seven
men discharged, and after thanking the
jury adjourned the court The entire
proceedings occupied scarcely five
minutes. and at 40 a. IN. the court
house lights were out and the Marion
tar anG feather case was over, at least
as far as the seven men were con-
cerncd.
1t WAS joyful little crowd that filed
out of the court house and sought tie
hotel, for there was no chance of re
turning home until long after daybre
There were very few outside of those
Immediately concerned and a few news.
paper men in the court room, rs tie
verdict was not expected until the usual
time of opening the court this morning.
The length of time occupied in the
discussion of the case was in a measure
necessary. for according TO the judges
charge the case against each man had
to be taken up separately. 1t was be.
cause of this separate consideration that
nearly all the court officials. as well as
all the spectators who have frequented
/ the court room every day during the
trial, went home and to bed.
Not one of the jury would talk of the
case or discuss the evidence. Each one
the trial was over and hurried of rs
soon as the court adjourned.
The charge from which the seven men
were exonerated by the jury was that of
rioting and rioutously assaultinr
James Mcdonald and Mrs. Clara Pot
ter OF Marion, on Aug. 6 last. The
men were further charged with going
TO the house of Mrs. Potter and forcibly
carrying off Mcdonald to q gravel pit
where, it is said, he was tarred and
feathered. In the meantime, according
TO Mrs. Potter's story. she was also
taken out of the house and stripred
nearly naked. Mcdonald, it is alleged,
was given ride on Il rail and after
wards hustled out of town in a wagon.
1t seemed to be generally admitted tia t
something of this kind occurred in Mar
ion, but the seven men accused success
fully established an alibi in every ca Sc,
ard have been cleared of being con-
cerned in the affair by the jury's verdict.