The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-17
Freehold People Surprised at the Verdict
Remarks on the Result by the Public
Prosecutor. the Judge and the Jury.
men--HOw the Jurymen stood


George L. Gibbs. Eatontown
Walter Reynolds. Wall
Anthony Lewis. Matawan.
Alfred Clayton. Asbury Park,
Steward j. Rogers. New Bedford
Albert s. Craig. Asbury PARK
John Lewis. Jr., kngshtown
Harry S. DAWSON. Smlthberg.
william l.. Lloyd. Long Branch
The Jury is supposed TO have decided upon
its veriict soon after midnight. but there
was a crowd in the court room then, crowd
OF honest Monmouth county mon. VITO were
willing to sit up and los" sle.p FOR me
satisfact ion Of hearing that tnuga rom
New York cannot DO hired 1" come INTO
this Sta'e 10 kill and main without being
punished.
The jury room was in an |. of the court
house, and the Jurors could look from thelr
windows across a courtyar, into the
court room au, see whether anybody was
there. That lie supposed % be one reason
WHY the Jury didn't come in ut midnight
or a. ! O'Clock this morning. when the
crowd was wait ing. Rv2o clock TINS morn
ing the crowd had begun Ia thin ont, die.
gus ed enough even then in anticipation OF
a disc agreement. Nobody dreamed men nl
an aC,uittal, unless it was Lamar ana MS
friends
Rv o'clock there was nobody left in the
court room but The officers. That 8 when
Foreman Wilson knocked On the door and
snnourced that the in9' had agreed
Court Sergeant John A. Rowland, VINO
was in charge, sent for Court CLERK I"aro
Cashion, who had been authorized by Judge
Heisley to receive the verdict, Mr., Cashion
reached the court room IN twenty mn
utes and then the jury tiptoed in, rem
dered its remarkable verdict and got away
from the building as quickly as it could
All day to-day folks Of Freehold have
been recalling the disagreeable ruinors
- tbo l,,t ,.,aalr opI ,Jra wing their own
conclusions Some have been quoting eh-
tracts from Judge Heisley's charge to the
Jury last night. particularly the Following
statement, which he made impressive by
the slow emphasis of his utterarce:
"ff you have no reasonable doubt OF
guilt and yet bring In verdict OF acqult.al,
that will mean the enactment III this court
room Of a scandal much greater than the
crime at Long Branch, trust there Will
be nothing in your connection with the case
which you viii have cause TO regret,
When Judge Hesley heard of the verdict
to-day he remarked:
We'll, persons who have had experience
with juries are often disappointed, but
never surprised. think that l, personally,
said all that | could relative TO the case in
my charge to the Jury last night
There is another indictment still I'M
tried pending against all the defendants.
Therefore, it would be improper for nle to
pTtSS HI OptllltI "HNi 'iNy ia ~
tried again before me.
But If this assault is allowed to 60 un
punished it will be disgrace to this
county"
The other indictment referred to by the
Judge is for actually assaultlng Mcmahon.
The indictment on which the defendants
were tried was for conspiracy To assault.
County Prosecutor John f.. Foster, who
has worked hard for the last three months
70 prepare the evidence and secure con-
viction, said to-day that he had not de-
cided whet Their he would move the other
Indictment for trial.
"If | do" he added, with lot OF en-
phasis, Il shall insist upon trial before a
special jury"
At the last minute before the trial a special
fury would be chosen from the citizens at
large and not from the regular panel.
On the third day Of the trial Prosecutor
Foster said:
-T'he Sheriff is against the States cnse,
there are several Of the county officials
against me and know that Two Of the
jurors are for acquittal.
But in spite Of that feeling MIR. Foster
was confident last night Of getting dis
agreement at least.
When asked il he hoped for a vcrdic' Of
guilty he replied:
well, can only answer that question in
Q negative way. 1 don't expect . verdict
OF acquittal"
At 10 o'clock last night six hours before
the jury came In, young man named De-
laney from Atlantic Highlands, remarked:
THE verdict will be acquittal for all and
Lamar, Monk Eastman and the other pris-
oners will get out Of Freehold on the Sis
train in the morning.
That is exactly what happened.
There was another coincidence which
recalled sharply Prosecutor Fosters re-
mark of Wednesday to the effect that there
act hn Sfatn hon
the jury retired last night their first ballot
stood two for acquittal and ten for con-
viction
The two convinced the ten.
What the arguments of the two were
have not been revealed but they won one
Juror after another until, on the fifteenth
ballot, there were twelve for acquittal of
al the prisoners.
Before midnight there was a disposition
on the part Of some of the jurors to hang out
to the last and stick TO their vote to
convict.
The jurors wouldn't talk much to-day
about their deliberations, but some OF them
offered excuses for their verdict
"rhe prosecutor didn't prove his case,
said one juror. -Why didn't the State
produce the hat they say Joe. Brown
lost while trying to get away after the
assault on McMahon?"
All the jurors laid much stress on the
fact that the hat was not produced as an
exhibit in the case.
"We know" said another juror, that all
that testimony put in by the defence to
prove an abb for Monk Eastman and Joe
Brown was periured, but the identity OF
Eastman and Brown as the assailants was
not shown clearly enough
Another juror said: III there was any
prejudice It was against the prisoners
We didn't like the looks Of Lamar and Monk
Eastman, but we were ruled only by the
evidence and gave the prisoners the benefit
OF what doubt there was. No other verdict
was possible
Monk Eastman and Brown passed the
last night in Jail. but Lamar and Smith
remained at liberty.