The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-16
7HD DAVID LAMAR JURY OUT
PROSECUTORS STRONG APPEAL
FOR A CONVICTION.
yss II Necessary for Monmouth County
Man to Send 10 Cherry Hill for Body.
guard: Opinion in Court That Lamar
and All the Prisoners VIII BE Convicted.


FREsHoLD, n. j., Oct 15-Not in the
history OF all the famous cases that have
been tried in old Monmouth county, n. j.,
was so much precaution taken with jury
as that exercised tonight when the de-
fence and prosecution closed the trial of
Monk Eastman, David Lamar, Joseph
Brown and Lamar's brother-in-law, Bernard
Smith, for conspiring, as District Attorney
Foster says, ito kill James Mcmahon,
IAmar's former coachman."
After all the testimony had been put in
lawyer Wilson insisted that Mr.. Foster
should outline his case before the summing
up That is the method of procedure
under the New Jersey law.
Then Mr.. Wilson tried to tear apart the
case Of the people and accused Wall Street
clique Of conspiracy against Lamar.
In his summing up, Mr.. Foster. the Dis
trict Attorney. made significant state
ment which may be taken in connection
with the rumor that has been afloat in
Freehold during the four days Of the trial
that two members OF the jury are friendly
10 Lamar.
IF there is any miscarriage Of justice
in this case. said Mr.. Foster with emphasis,
II will be in the jury box and not on the
bench
Judge Haisley said in Diminishing the
Jury for supper tonight, after all the clos
ing arguments had been heard: Gentle
men Of the Jury. ! regret that during the
progress of this trial you have been sub
jected to the annoyance OF being held to-
gether at night, but 80 much has been said
on both sides and 80 much more has been
vaguely limited at about improper influences
that have deemed 1t best throughout the
trial that there should be no opportunity
for even the appearance Of any improper
attempt to approach the Jury
In his charge tonight Judge Haisley
said; II you have no reasonable doubt Of
guilt and yet bring In verdict Of acquittal,
that will mean the enactment in this court
room Of a scandal much greater than the
crime at Long Branch. l trust there will
be nothing In your connection with the case
which you will have cause to regret"
The case was given to the Jury at
o'clock tonight. Freeholders are re-
time, before the last train had gone, go that
the obnoxious gang Of thugs, friends Of
the prisoners, might have got out Of town.
As 1t is. they are all here tonight waiting
for the verdict.
When the trial was resumed this morning.
the fourth day, Lamar's cross-examinAdon
was continued by Mr.. Foster, Lamar
WAS so surly toward the prosecutor that
he was cautioned by his own counsel and
nprimanded by Judge Haisley.
Lamar was asked again to-day about
hs occasional use Of the name Lewis
whsn 1t better suits his conveniencs than
he name Lamar
Did you.' asked MI; Foster. 10 to the
tegister as M. lewis and there meet Her
bert Thompson and Dunphy at the hotel?'
IL was there. replied LAMAR but l
Thompson Is tho bartender who. accord
ing TO the admission Of the defence was COM
missioned by Lamar to hire the Cherry Hill
thugs and bring them to Long Branch,
Didn't you want Monk Eastman and bis
ana Mr. T0s st sp ssay
Of men wanting to arrest your
Didn't know said Lamar, at that time
that there was Q warrant out for me-
Did you pay Policeman Abrams ot-I.ong
Branch 500 to arrest McMahons'
yes"
Mrs. Lamar was the next witness. she
began by confding to the Jury that she
eeldom IL ever cried, and then straight
way appeared to weep.
Lamar, who yesterday said, with -four
hh, that he once assumed the name Of Lewis
TO preserve the honor Of lady, saw In his
tunity for another emotional show for audi
ence and jury. He first stood UP and sur
veyed the court room. and then sank into
his chair with sigh that all could hear
and buried his face in his hands.
Mrs Lamar told of bands of men coming
men and making threats OF violence.
When she finished her testimony Lamar
rushed to meet her and patted her APPROX
inglv in front OF the jury.
Another woman witness to-day was Miss
Mary Blythe, friend Of the Lamars. She
told Of the Mysteries that Mrs. Lamar had
when the bad men OF Monmouth invaded
the Lamar manor.
When you were introduced to Lamars
coachman," asked Mr.. Foster. in cross
examination. were you presented as
Mrs Blake Altoona?"
No, no." said Miss Blythe.
Police Inspector McClusky Of New York
vaa called by the State in rebuttal.
He denied all Of Monk Eastmans testi-
monv Of Yesterday TO the effect that
he worked the third degree on
Monk 10 force him to confess that he
had assaulted Mcmahon at Lamar's re-
quest; Inspector McChlsky also testified
months and that he didn't know Lamar
nj all. The inspector said after he had
eTt the stand that he came here at the
suggestion NJ Police Commissioner Greene
10 contradict the charges against the De-
'ective Bureau.
In summing up for the defence,
Lawyer Edmund Wilson referred TO the
whole charge as "heish plot 20
ruin Lamar Prosecutor Foster was fire.
Wl"nty interrupted in his closing argu-
tnen' He did not lose his temper, but
he declared with tremendous emphasis
ana feeling that he could not refrain from
do'ng his duty by any man who had received
The money of lamar
The prosecutor made a strong appeal TO
che loca pride OF the Monmouth county
men 10 the Jury box.
DO you want 10 announce to the world,
ne asked. that q man In this county cannot
nave proper protection for his. life and
property, but must send to New York. to
merry Hill for bodygIard, as Lamar has
uIed to make you believe he did, There js
no difference between the men. n Lamar
j. innocent, Monk Eastman is innocent
II Eastman Is guilty Lamar IL. An attempt
mas been made TO show that Lamar was very
rondescending TO drink with Monk East
man and Joe Brown. Gentlemen, l believe
mat the condescension was on the other"
side
:, court was adjourned for supper when Mr..
FOSTER finished, and Judge Heisley did not
pegn his charge until this evening, In his
ouarge TO the Jury Judge Heisley laid
emphasis on the fact that Lamar's absence
Nhsn The assault was actually committed
nsd not the slightest bearing on tbequestion
w hs guilt or innocence OF conspiracy to