The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-14
IMPLIES COERCION OF JURY.
JUSTICE GAYN0R SAYS JUDGE
FURSNAN TALKED TOO MUCH

And Practically Forced Verdict Of GUILTY
Against Duncan Young for Killtns
while He was Escaping After A.
tempted Bursiary-Gets New Trial.
Duncan. alias 'Sootty,' Young. the burg
lar who was convicted in June, 1909. before
Justice Fursman in the Court OF General
Sessions Of murder In tho second degree,
obtained from Supreme Court Justice Gay
nor In Brooklyn yesterday certificate OF
reasonable doubt, and his counsel will now
take the necessary steps for a new trial.
In his opinion granting the certificate jus
tioe Gaynor says
"A man was discovered forcing open .
second-story rear window OF a house and
tried to escape. He was hunted over the
rear fences from yard to yard by the police
and the awakened residents Of the block.
As he lodged about from one point OF con-
oealment 70 another, seeking for an exit.
he was pelted with missiles and also shot
at with pistols seven or more times
AT last he ran up rear fire escape to get
away from q woman with q pistol. She
shot at him twice from below As he went
up, and man leaned out OF window above
and struck at him with q stick or board
and he shot and killed the latter. and con-
tinuing up the fire escape to the story above.
where he entered q window and made his
escape through the house TO the street.
This was on the opposite side Of the
block from the house he he'd been discov-
cred trying to enter, and the pursuit had
lasted considerable time, apparently
more than ten minutes. The defendant
was arrested some days later charged with
homicide. The evidence against him on
the trial consisted Of alleged admissions
freely made by him before his arrest to
his paramour and his former paramour.
that he was the guilty pereon, the occasion
thereof being the arrest Of another person
for the homicide, and also Of his Identification
after his arrest by woman who had seen
him while he was being hunted In the back
yards on the night OF the homicide. as al
ready described, and by another woman
who had seen him In the street In the vi
cinity that same night before the said at
tempt to commit a burglary was discovered.
The said evidence was by no means
being TO some extent suspicious
and uncertain. 1t called for special care
on the part Of the Court and the jury. The
jury had much difficulty in accepting II a.
safe ana remained out over night. Next
morning the learned trial Judge brought
the jury into court and spoke TO them at
len 9Th. although they had not asked for
further instructions or communicated win
the Court at all. He told them that IT was
very unfortunate they had not agreed.
He urged the importance Of the CAFE. the
len 9Th Of the time of the trial, the expense
Of public money 1t had caused, which, he
said. no one can forget 70 realize the
mental strain Of the parties engaged in
reasons why they should not fail to agree.
He wanted any juror TO eek him ques-
tons so that he could aid them TO an agree
ment. About two hours afterward the
l. armed trial Judge sent for the jury again
And epoke to them at length, although they
had not meanwhile asked for any instruc-
tons or sent any communication TO the
Court.
They were called away from their de-
alterations and the first words OF the learned
Judge To them were: L have sent for you
ng gain. / want TO repeat 70 you what said
This morning that your failure ,, e agree gree
and money and q miscarriage OF Justice:
N an unnece seary infection on the defendant
snd the infection of q very large and un-
necessary amount OF labor on the District
Attorney. II there Is any possibility OF
further Il does seem 70 me that this
sese is not one that pr. sents proper reason
Justice Gaynor says he thinks an error
was made In this statement to the Jury.
Ii II WAS unwarranted. He also says that
bring IN a verdict Of murder or nothing.
and that the counsel for the defendant
objected and asked that he charge that
they might bring IN a verdict OF man
slaughter. but that this was refused. Justice
Gaynor continues
.When the way the defendant was being
hunted. as already described. u considered.
and that he was being fired al or had been
fired at from the yard below, while the
deceased was striking at him with q stick
from above, and he may have been In peril
Of being knocked Cd the fire esoape and
shot II 10 difficult TO see how the learned
trial Judge has q right 10 decide a. a matter
Of law that he may not have had any intent
10 kill; and such intent was necessary
element Of murder unless the defendant
Of the Penal Code which defines murder in
the first degree. engaged in the commits.
aon OF or an attempt 90 commit felony
The Judsc charged that he vas 20 en-
gagged II he was the person described on
The hre escape. provided that he had an
not st the time Of this hoinicsds % engaged.
On the contrary, he had desisted. and was
> oonsideral,ls distance away. viz. Al the
other SIDE Of the block. trying 90 escape
" he can he aid 10 have been siill engaged
In the burglary. how far would he have
had 70 h~ away before hs would not bs
engaged in the burglAryf.
1be cr,me of ~hsch Young Was con.
ylcied was the shooting 90 deAih 81 George
ElsrhArds, q plumber 81 0, seventh sirssl.
on tho early morning. Of Jan.
". tsss. Young, according 10 tLs tssii-
aony, vas tying To esnaIs after oon-
nitlinS a burglary la the nslshborhood.
and EfsrhAfdt Vas tying 10 stop HIM