The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-02-11
TEN EYCk REFUSES
JURYS REQUESTF0R
COPY OF EVIDENCE
Jude Tells Jury State Need
Only Prove One Specific
Charges. ~
COURT EXPLAINS WHAT
DETECTIVES DUTY WAS.
Question of Bribery to Be Con-
sidered lndicatiyeIy and
Not Directly.


Consideration by the jury in the trial
of charges against Detective Sergeant
Thomas ]. CORDIALLY for nonfeasance ia
Office. was begun this morning at 1915
by Judge Jay Ten Eyck in the Court CT
Quarter Sessions.
During the late morning and this aft
ernoon several things occurred that
were construed TO Indicate that the
.ury would not speedily arrive at yer-
dict.
The defendant and his counsel wero
confident that Cordially would be ae-
quilted. and felt in any case that the
prosecution could obtain nothing better
than disagreement.
After the jury had been locked UP In
their room for some time they sent q
request, through Court Constable
Samuel Birn, that copy of the owl
dence given in the case be submitted
to them. Judge Ten Eyck refused this j
Early in the afternoon the judge an
Dounced that he and the court officials
would retire for lunch, and he directed
that the jury be locked up until 1:s5
o'clock.
When the judge returned the jurors
sent out word that they desired to
have some lunch. and the judge sent
back the information that they could
have all they wanted, but that they
would have to pay for 1t themselves
This was the eleventh day of the
trial. and the patient twelve men and
true who heard the long and strong
arguments for and against the man
appeared to be relieved when they saw
the end in sight, at least so far as the
open court room was concerned. They
listened to the last words in this i'm
portant trial with evident interest, and
many of them leaned forward so as TO
better catch the law as laid down to
them from tho bench.
The delivery of the charge lasted half
an'hour, and at its conclusion the court
went over the various requests to
charge" as submitted by counsel in the
case, and then the jury was placed in
the care Of Constable William Arcu-
larius.
1t was 1O;4O o'clock when the jurors
retired, headed by Foreman Charles w.
Hunter of Caldwell.
The charge is as follows; s4a
The Judges Chrage.
"You are to determine the questions
of fact. The credit to be given to wit
nesscs, and the deductions to be made
from evidence, arc matters in the
province of the jury, and you are to
give the defendant tho benefit OF all
reasonable doubt.
The burden of proof is on the State
to prove beyond reasonable doubt every
material element necessary to estaL
lisn the defendants guilt. lie is pre-
sumed to be innocent until you have
been convinced beyond reasonable
doubt that he is guilty
"The State must prove every material
fact necessary to a conviction before
you can reach that conclusion. This
does not mean that it must prove It's
case hey every possible doubt. Rca-
sonablc doubt is not mere possible
doubt, because everything relating to
human affairs and depending on moral
evidence, is open to some possible
doubt 1t is that state of the Case
which after tho entire comparison and
Of all the evidence leaves
the minds of the jurors in that condi-
tion that they cannot say they feel IN
nbiding conviction. TO q moral GER
tainty, of the truth of the charge The
evidence must establish the truth of
the charge TO a moral eertainty-a cer-
tainty that eonvinces and directs the
and satisfies the reason
and judgment Of those who are bound
10 act conscientiously upon It But if
after cany8ssing care fully the evidence,
giving the accused the benefit Of rea
sonable doubt YOU arc led to the con-
llusion that he is guilty yolt should 50
leclare by your verdict
Character Proof Relevant.
Evidence has been introduced on
he part of the defense as TO tho gem
.ral reputation Of tho defendant for
lonesty. such evidence is always com
'etent on the trial OF an issue such as