The sun., 1906-01-27
HAPGOODFREE, DEUEL. MUSTGO
JEROME DOESN'T MEAN TO DROP
THE "TOWN TOPICS" CASE.
Jury. Practically without Deliberatins.
Finds the Editor or "COllier's" Not
Guilty District Attorney to Go Over

In a verdict reached practically without
any delberation. jury decided yesterday
that Norman Hapgood was justified whom
he wrote, as editor of Golfers Weekly;
that It was disgrace for Justice Joseph
NJ. Deuel. of Special Sessions to be part
owner of To,on Topics, paper that printed
scandal about persons who were not too
cowardly to pay for silence. 1t was vin-
dication for the Golfers, father and son.
for they assumed the full responsibility
for the alleged libel and for Hapgood.
That Justice Deuel. violated his oath Of
office District Attorney Jerome conceded
in his summing up, adding significantly
that he must take the consequences. 81
il is assured that unless Justice Deuel. re-
signs charges will be preferred against
him to the Appellate Division and that he
may be removed.
Col. Mann walked out OF court yesterday
declaring that he would continue the pub
lication of Tonn Topics A few minutes
before Mr.. Jerome had told the jury that
it was vile paper that should be suppressed
All of the evidence taken at tho
trial will be gone over thoroughly by
District Attorney Jerome personally or
by one of his assistants. II there Is evil
dence showing concrete crime Of black
mail or conspiracy steps will be Immediately
taken. On the other hand. there are In
dications that the Golfers are not through
and that Col. Mann may expect something
from them, either directly or through their
efforts.
1t was hinted that proceedings would
be taken in a very short time, involving
charges either Of blackmail or conspiracy
that would probably put the bewhiskered
Colonel on the defence. He says that he
fears nothing, that he was only witness
and that his testimony was not impeached.
Tho Colonel seemed to be little dazed,
but stood by his guns, despite the jury's
verdict.
Mr.. Jerome refused to comment in any
way on the result Of the trial. Unless
Some one else makes the move the District
Attorney will undoubtedly take steps for
the removal Of Justice Deuel.. AS to what
he intends to do about the disclosures of
the trial concerning Torn Topics and
Col Mann he refused to say. 1t is known,
however, that he does not intend to let the
matter drop.
Justice Deuel., the one person most con-
cerned just now, kept out Of sight Hs
was not in court, and at his home it was
said that he was in bed, too ill to see any
one. The result of the trial was commu-
nicated TO him by Col Mann, who dashed
over to the chambers Of the Court of Special
Sessions and telephoned to Justice Deuel.
at his home.
Mr.. Jerome made no attempt to conceal
his real feelings in his summing up. He
frequently referred to Tom Topics as
vile sheet--a paper that should be sup
pressed" He declared that west Of the
Appalachian range and south Of the Mason
and Dixon line the man responsible for it
would not live twenty-four hours. Hs
knew that Hapgood's motives were the
best and what Hapgood said he probably
would have written with a great deal more
heat but was there evidence to show that
To,on Topics was backmailing paper?
He again referred to Justices of the Su-
preme Court being in business. They had
violated the moral law. he said, but they
had not violated the written statute as
Justice Deuel. had, "and he must bear his
burden" That was his conclusion.
The court room was packed when Justice
Fitzgerald delivered his charge, which was
ra ther brief. Frank T. Richards, the artist.
who was foreman of the jury, stood up and
whispered to the other jurors. One of them
expressed the wish to retire. The jury
went out and stayed for nine minutes.
Foreman Richards asked one question and
the Jury chorused NO case"
Meantime there was great fuss in the
reserved section known as ia dies row.
Mrs Hapgood was quite nervous, and when
"A court room officer warned the women
that there was to be no demonstra ton
things became little quieter. Mrs Hap.
good decided that she would be more COM
Portable outside however, and she left the
court room. In second or two the jury
came in, and Justice Fitzgerald repea ted
the injunction that order must be kept.
What is your verdict?" asked Clerk
Penny
Not guilty. said Foreman Richards,
firmly.
District Attorney Jerome was the first
to reach over and grasp Mr.. Hapgood's
hand Get out Of here, you criminal he
said. with laugh You have had your
day in court
James W Osborne slapped Mr.. Shepard
on the back and shook hands with Robert j.
Collier, who has sat with Hapgood all
through the trial, and Hapgood. Mr..
Shepard made few remarks thanking
Justice Fitzgerald for his patience and
complimenting the jury.
Col Mann had a seat back of the reporters
table. He didn't seem much pleased with
Mr. Jerome's argument TO the jury. When
he heard the verdict he sat back and seemed
to be a little confused. Going to stop
publishing TOM Topics?" he repea ted, W hen
the reporters got to him -Not at all I
was only a witness and my testimony hasn't
been impeached. The jury was very
intelligent body of men, but have nothing
TO say as to their conclusion" Later he
ma de this statement at the Toun Topics
, office:
There were brought out the names of
friends of mine who We're kind enough some
years ago. after a conspiracy Of certain Wall
| Street men had forced from me all interests
| in the Boudoir Car Company and left me
| not only penniless but heavily in debt. to
| lend me money on more or less. at that time
uncertain security to aid me in getting on
| my feet. notably ". X. Vanderbilt. j. Pier
pont Morgan. DR.. Seward Webb. Coils p.
! Huntington. Perry Belmont. W. c. Whitney
! and Thomas +. Ryan.
= Again names, notably those of Mrs. Clement
c. Moore Mrs. Andrew Simonds. Harry Ichr.