The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-03-26
HAMMOND IS NOT
GUILTY, JURY DECLARES
(Contiaued from Page One,

vault the next morning. Those dis
crepancies In the peoples case as to
time helped Hammond. too"
| The jury retired at 3: 80 o'clock, fol-
lowing a charge by Judge Phelan
which was admitted by both sides to
be exceedingly fair. Hammond him.
self was much pleased with IL. Short
ly before 10 o'clock. the jury raped on
the door and the word went around
that an agreement had been reached.
but the jury wanted piece OF chalk.
The argument waxed warm at times
and the voices OF the jurors could he
heard through the heavy oak doors.
| At exactly 1880 came another loud
rap on the door and this time II was
no false alarm. Those who had lott
cred about the building, waiting for
the verdict, joined In a veritable STAN
pede for Judge Phefan's court. but
their eagerness was uncalled for. Judge
Phelan waited until Prosecutor Van
Zile could come from his office in the
county building before taking the YER
dict, and IL was nearly IL o'clock when
IL was finally announced.
Judge Phelan's Charge.
| Judge Phelan, In his charge. after
clements that must be proven by the
prosecution to make out q case, con-
tinued:
charge you that the statements
made by the defendant In police
headquarters may be considered
by you only IL you are satisfied
beyond a reasonable doubt that
they were made voluntarily. An
involuntary or coerced statement
has no standing In a court OF Jus
tice. IL you are satisfied beyond
reasonable doub. that the state
ments read by Stenographer Bliss
were made voluntarily and have
been correctly reported and re-
peated TO you, you have a right
10 consider them. always remem-
bering, however the situation OF
the defendant at the time AMI
scrutinizng them cautiously, in
the light OF the circumstances
|, surrounding their making. II you
find they were made, and In con-
nection with all the other facts
and circumstances in the case.
To recapitulate, the essential ele-
ments Of the crime charged are:
The taking of personal property
and I charge you that money Is
personal property-belonging TO
another. without any color OF right
for SO doing and with the feloni-
GUS intent TO deprive its lawful
owner of the possession Of the
same.
All these elements are essential
to the proof OF the peoples case.
and must be proven beyond reas-
enable doubt before you may con-
Wet the defendant: but the crucial
question in this case, as I under
stand il, is: Do the defendant
/. take this money contained In the
two satchels? The prosecution
claims he did; the defendant de-
MES II. You, gentlemen OF the
|, Jury. must decide this vexed ques-
ton; in the affirmative. by a YER
dict OF guilty" IL you have no
reasonable doubt that he did take
IL; in the negative. by a verdict Of
mot guilty" IL YOU have any reas-
enable doubt that he did take II.
Must eliminate Prejudice.
You must in answering this
question. be guided by the law as
. have explained II to you, and
you must base your verdict solely
upon the evidence in the case.
Juror fails in his duty II he for
: gets the oath which he took when
he was sworn as a juror TO try
this cause. That verdict is not a
true verdict" that deliverance is
not a true deliverance," which is
based npon prejudice or, sympa-
thy or any consideration other
than the truth as the testimony
reveals Il to you and each OF you.
The administration OF justice in
the criminal courts largely de-
ponds upon the intelligence and
virtue Of the jury. When the jury
is eager TO find the truth In the
testimony. and quick and certain
to recognize II, and fearless to
voice tia nnding whichever way