New-York tribune., 1904-10-19
WElNSEIMER IS GUILTY.
THE JURY OUT SII HOURS.
ConYict the Former Labor Leader
lfNiance Of ErfOrtion.


lance. and charged with extor;ion. heard q
verdict of Guilty as charged in the indict-
ment"' returned by the jury just before mid
night last night. The jury had heeu out six
hours. Weinseimer was then remanded TO the
TOmbs until October ~ when sentence will be
pronounced. His counsel announced NJ once that
appeal would he taken the ground that
the verdict was contrary to the weight Of evil
dence. Weinseimer has been trial, charged
with the eXtOrtOn by threats OF 5000 from
George j. t.ssig TO call off a strike on the Chats
worth apartment house. at Seveaty-second-st.
and Riverside Drive.
The jury went out shortly before O'Clock.
Two hours were spent in dining. The longer the
jury stayed out the more confident did Vein
seiuers attorneys grow. Assistant District At
torney Rand who conducted the prosecution,
was accordingly depressed Either ac1uttal or
disagreement was fully expected by the defence.
when II 40 the jury fled back into the court
room.
Weinseimer had been in court for nearly two
hours, sitting in the back OF the room. Mrs.
Weinseimer absent As the foreman pre-
pared 70 give the verdict Weinseiner stood close
to the rail with half smile ON his face When
the verdict, Guilty was pronounced he trenl-
bed and staggered against the rail- Grasping
the rail. he steadied himself with considerable
effort. and relapsed into stoIidity after a quick
glance at counsel and jury. His pedigree was
then taken
Only one ballot was taken by the jury previous
90 dinner and up to ~ O'Clock only one other
ballot taken. II is said that the majority
was for conviction on each ballot standing 20
3 on the last ballot all were for conviction.
Yesterday morning when his trial opened
again Weinseimer took the stand for cross-eX-
animation by Assistant District Attorney Rand
ar7d hy~h hir
counsel Mr.. Raines for redirect examination.
Have YOU at one time had more than $1,000
in the bank?" asked Mr.. Raines. The objection
Of Mr.. Rand was sustained.
Was there a place decided To you by your
mo,her-in law to a $1,000 mortgage"
Yes sir"
In summing up for the defence Mr.. Raines said
in part;
There has be4u perjury here. Essig has
shifted i'm his testimony and has Contradlcteu
himself time and again insist that Ne Is q
cool in the hands OF powerful interests. and u
the opportunity Of his life 10 snow MS
friendship for the Employers Association. Mr..
Essig is well prepared tool given to hysterlcai'
heroic stunts.
Mr.. Rand for The prosecution. said in part:
Emphasis has been placed here on the fact
that the complaint against Weinsemer was not
made to the District Attorneys Office till July,
while the 81 900 was paid 10 the defendant in
December. The defence pTeteDdS TO see in this
delay the seeds Of the great conspiracy they
charge Whet are the facts The facts are
that the Iohnsan- Kahn cofnpIny had millions
of dollars tied up in the ChatSwcrth apartment
house. and it was merely matter Of business
with them 10 delay action in this matter until
he building had reached completion. II was
simply and solely matter o. business. and was
in no way discriminating or suggestive OF any
conspiracy
Judge Newhurger began his charge 70 the jury
at o'clock In beginning he read the section
of fha ode cfa raIaf to
tortion. charged in the Indictment. Then he
declared
7 ne mere form Of threat Is inmateriai, ana
no precise words are needed "a convey the i,iet
of threat. To determine whether the defendant
inspired by fear. il is not necessary that
any covert act should be committed II is not
necessary that any hand be raised or any violent
word uttered threat may he conveyed by
innuendO and suggestion. All the circumstances
surrounding tn" all eEeE eXtortiou must be taken
into consideration, TO show that tbe demand was
q threat. The question is whether the defend
ant col veyed The idea that he could and would.
as president OF the plumbers uniCn. DO harm
To the defendant by preventing the completion
of the contract If the action and conduct of
plainant with sense Of danger 10 his business
interests. there was Intimidation in ;ns sense
Of the law IL the complainant consented 10 pay
over money in consequence Of such thyaa's, your
verdict should be guilty.
Mr.. Rand also conducted the various eases
brought against sam Parks. Parks's first trial
was for assault. lie was convicted of assault
in the third degree on August G, 1895. having
struck another delegate of the Housesmiths and
Brdgemens Uuion. His trial for extOrtOu from
Josephus Plenty began on August Is and he
was convicted ON August 81. teing sentenced TO
less than two years and six months
more than three years and six months. He was
released from prison under heavy bail. pending
trial While out he led the Labor Day
u1 a he. .rlr r1lo NJ rba In
ternationaI Association OF Bridge and Struct-
ural Iron Workers I'm Kansas city, There he
was made much of.
He then returned 10 this city where he was
deserted by most of his friends and went on
trial the second time for extOrtfOn. the Tiffany
Studios being the complainant in this case. In
all six indictments We're fOJnd against Parks
for eXtOrtion, enc for assault and one for per-
jury growing out of his Testimony in the Plenty
case. Parks died in Sing Sing Prison from con-