New-York tribune., 1910-11-05
Jury QUICKLY FREES
f. 7. ROSENHE|MFR
Refuses to Attach CriminaIity to
Killing of Grace Hough by
His Automobile.
MURDER CHARGE DROPPED
Justice o German Leaves Second
Degree Manslaughter Only
for Consideration as
Trial Ends.

The jury in the trial Of Edward T.
Rosenhemer, who was indicted for muir
der in the first degree after his auto
mobile had run down and killed Grace
Hough on Pelham Parkway last Au-
gust, brought in a verdict of not guilty
last evening after twenty five minutes
deliberation. Justice O'Gorman. on mo-
ton of James w Osborne Rosen-
heimers counsel, had earlier in. the day
reduced the charge from murder in the
first degree to nanslaughter in the sec
ond degree.
There was an affecting scene outside
the courtroom when Rosenheimer who
had spent several weeks in the Tombs
rejoined his wife and two children
They had been excluded from the court
room with Rosenheimer's mother in or
der to avoid a possible scene when the
jury should report its verdict
The skilful handling Of the defence by
James w. Osborne. formerly an As
sistant District Attorney. SO magnified
the reasonable doubt" regarding Rosen-
heimer's responsibility for the collision
that caused Miss Hough's death that it
was thought to be almost q foregone
conclusion the jury would refuse to con-
vict his client
Frank f. Anderson. who was Juror
No. 8, expressed the sentiment that had
guided him and his fellows in the jury
room by saying that while there might
be grounds for a civil suit as the result
of the collision. the jury could not see
any reason to brand Rosenheimer as a
felon
Osborne Relies on Mute Evidence.
Mr.. Osborne made this the keynote of
his summing up, coupled with the sug-
gestion that George Feddon. the driver
of the buggy in which Miss Hough was
riding. was more to blame for the col
lision than the defendant. He argued
that the circumstantial evidence of the
wrecked buggy and the battered auto
mobile in the courtroom would he suf1-
cient to acquit his client
He pointed to this evidence as proving
that Feddon had been driving across
Pelham Parkway from left to right.
where he had no business to be, without
light on the end of the buggy, con-
trary to law, when the Rosenheimer
machine hit the buggy.
IN rest my case on this lamp" said
Mr.. Osborne. taking the lamp from the
right side of the machine.
IF the machine had smashed the
buggy full in the rear the front of that
| lamp would he smashed he said But
| it is intact in front. only the right side
being damaged, where it came in CON
| tact WITH the vehicle as Rosenheimer
tried to sWerve his machine around it,
| Mr.. Osborne urged the jury to con-
slider that up to the time of the acci-
| dent Rosenheimer was an innocent man,
and that the action of the court regard
! ing the higher degrees of homicide had
relieved him of the charge of wilfully
| smasing into the buggy.
Where and when did this peaceful.
homeloving man, supporting his family.
become felon," he asked, "and en-
titled to be sent to state prison among
criminals, with the felon's brand for him
and his children?'
Case for the Prosecution.
In his summing up for the prosecu-
tion Mr.. Maynard insisted that the
prosecution had proved the buggy was
passing along the right side of the road
when the automobile without warming
crashed into it from behind
In charging the jury Justice O'Gor-
man cOntented himself with defining the
| law. and did not review the evidence
He warned the jurors, however, not to
he carried away in their deliberations
by sympathy for the dead girl or her
family, but to decide the facts fairly
and beyond reasonable doubt.
The jury went out at 4 40 and returned
at 800 O'Clock When il had rendered
its verdict Rosenheimer flushed and ap-
parently on the verge of breaking into
tears, controlled himself with a visible
effort
After the court and counsel had
thanked the jury. Rosenheimer. having
been formally discharged shook hands
! with each juror. He then walked out of
the courtroom, free man. to his family
which had received word of the verdict
His wife, mother, children and friends
WED with each other in embracing him
All Of them were weeping and the police
had to make a way through the crowd
that pressed around them.
When asked if he had any statement
to make, Rosenheimer replied;
NO. no. For Gods sake. let me and
mine go away for time"
With his family. his lawyers and a
few friends he was taken into room
near by, where they remained for half a
hour exchanging congra tulations. They
then left the building
NO MAYOR m NORWALK