New-York tribune., 1903-03-04
JEROME LASHES JURY.
1t AcqWits Saioonkeeper Who Prac-
ticaily admits Guilt.
ASKS THAT MEMBERS BE RELIEVED.

District Attorney Jerome created a sensation
in Part II of the Court of General Sessions yes
terday by asking Judge Foster to relieve from
further duty the twelve men of a jury who had
found verdict Of mot guilty in excise case
in which the defendant had practically pleaded
guilty. Some oS Mr.. Jerome's assistants had re-
ported to him that they had not been able to
get convictions in excise cases in spite Of ap-
parently conclusive evidence and Mr.. Jerome
went into the court and took personal charge of
the prosecutions in several cases yesterday. In
Few cases where policemen who had made
arrests for alleged violations OF the excise law
failed to give positive testimony against the
liquor dealers, Mr.. Jerome promptly abandoned
the cases and invited acquittals. He said he
did not think kindly of the policemen. although
he did not believe all the men who wore the
police uniform we're "grafters"
At length the of Benjamin SchnitzIe,
saIoonkeeper of No. 1S9 Stanton-st., was
reached, and policeman gave positive testf-
mony that on a Sunday in January he entered
schnitzle's place and found dozen men drink
ing there. Schnitzle went on the stand and ad-
mitted that the men were in his saloon as the
policeman said. but he declared that he was not
violating the law by selling liquor to them. The
jury calmly, as if acting from force of habit.
gave verdict Of mot guilty.
District Attorney Jerome jumped up and said,
apparently with much indignation:
Il say. and have always said, that the Raines
law is vicious. foolish and absurd law. but
DO say that it is not right Or proper for men
under the sanctty of their oaths to deal with
those oaths whmsically in this way any more
than it is right for your honor or myself to do
so. AS much as am opposed and your honor is
opposed to this law. 1t is not for these men,
simply because they do not feel kindly toward
a law, to return such a verdict in the
face of the sworn testimony of the officer and
the defendant himself. 1t either shows lack of
intelligence such lack of appreciation Of the
binding force Of oath to totally unfit them
to sit in a Your honor, / that these
twelve men be relieved from further duty dur
ing this term of the court"
Everybody in the courtroom looked aston
ished, and the jurors turned uneasy in their
seats. as If expecting admonition from
Judge Foster. But they were relieved a min
ute later when James ]. Walsh. counsel for
Schnitzle and most Of the other defendants,
jumped to his feet and objected strenuously,
saying that the men had done their duty.
Judge Foster announced that he would take
the motion under advisement. To this District
Attorney Jerome said:
"If the motion is decided against me I will see
that these men sit in the courtroom and do not
do jury duty, If have to use every peremptory
challenge allotted to me-"
The foreman of the jury was Philip P. Fisher,
an importer, of No. 80 East Thirtieth-st The
other Jurors were Frank Tryon, William B.
Needhan, Michael Brady, Emil Bumbiner, Her
man LiedenthaI, Seymour Heinemann, Abraham
| Levine Philip Cohen, f. S. Rowitzer, John j
Lawrence and Charles F. Kearney.