New-York tribune., 1911-12-07
EXONERATED BY JURY,
7. J. TOTTEN IS HELD
Administered Poison Without
Criminal Intent" Was the
Verdict Returned.
FOUR OTHER MEN GO FREE
Death Of Mrs. Alice M Tristram
Shanks from Carbolic Acid
Now Awaits Action by
the Grand Jury.

Thomas j. Totten. cXonerated from blame
by coronor's jury last night after 1t had
delibsrstei fortv-fve minutes on the testi-
inonv brought forth at tho inquest into the
death of Alice VI. Tristram Shanks a singer
was none the less held 20 await the action
Of the grand jury by Coroner Shongut IN
$4,000 bail. The coroner's jury found That
the real estate man "had administered the
poison without criminal intent
The Coroner. who from the first had
maintained. differing from the police that
Miss Trfstram, as the singer preferred to- call
herself. had not committed suicide. but had
been the victim Of a deadly practical joke,
did not accept his iury's view of the matter
Hc consented however, 10 the discharge Of
four other men. I'm accordance with the
turv's findings, who had been placed under
bond with Thomas J. Totten, pending the
investigation.
Now. Mr. Coroner. If YOU hold this man
for the grand jury. I tell YOU as law
yer and as an officer of your court said
Abraham Levy. counsel for Mr. Totten,
with all due respect. that you will be
guilty OF two offences-malicious persecu-
lion and false imprisonment. You have no
right. under the decision Of the court 10
hold this man a single minute, and ! pro-
test against II as an officer of the court;
and 7 warn YOU, sir that you make your
self personally responsible for the deten-
ton of this man a single minute, in face
Of the verdict of the jury"
The Coroner then said: Il assume all re-
tponsibfity and hold the prisoner in $4,000
bail"
Later hond was furnished by Edward ).
f1 a
Bronx.
one Of the tttnesses called just before
the Jury retired was William Lappe,
florist Of 252d street and Albany Post Road
The Bronx. who had Informed Coroner
shongut that he wished to testify He
said he had been invited to attend
dinner at the Golf House on SATURDAY
night. November ., and that when he got
there he found no supper.
He and his friends then began drinking
le said While seated at the table with
Mrs shanks he saw Thomas J. Totten rise
ond wall, away Three minutes before
Mrs shanks drank the poison. he testified,
he left the table and went into another
room TO get his overcoat.
While 7 was outside ] heard "a commo-
ton" he said when ran back into the
i
taken poison-carbolic acid. That's all |
know about the case"
Mr. Iappe added that he had seen
,ermouth bottle on the table. but that he
ci1 not see il IN Mr. Totten's possession.
Robert Loos. an inspector. living at No
24So Bailey avenue. Tie Bronx. and hav-
ing, Offices AT 40. 200 Franklin street. who
was examined on Monday night last, when
the irouest was begun. 10y Assistant Dis
trict ATTORNEY Strong. was the first wit
ness called last night He was cross
examined by Attorney Abraham Levy. who
rerresented the defendants during the in
orest
Icos on Monday night last testified he
was in the dining room Of the golf house
when Mrs Shanks drank the poison that
later resulted IN her death. He also testi-
ned that Thomas Totten, one Of the men
arrested. left the table IN the dining room
shortly before Mrs Shanks drank the poi
son and opened the door Of room in the
rear Of the house When he returned 10
the table. Loos testified. he brought
bottle and filed a glass one-quarter full
Of dark red liquid. which the woman later
drank. She turned deathly pale he said,
and vas assisted from the table.
Despite the fact that he was put through
q severe examination by Attorney
Levy. his evidence. in every detail. was
The same as that given on Monday night
Prior 10 the ross-eXamination Assistant
District Attorney Strong asked Loos how
many persons were seated at the table
with Mrs. Shanks when she drained the
pineglass containing the poison
Two" replied Loos.
who were they9' asked the prosecuting
,attorney.
L don't remember returned the wit
ness There were several persons in the
dining room They were putting on heir
coats preparatory 10 leaving, and ] do not
recollect who was seated with Mrs. Shanks
at the table"
Or. Donohue, Of Fordham Hospital. was
the next witness called He testified that
he accompanied an ambulance to the Golf
House on the morning Of November 2e last
and that the patient died in the vehicle
while on the way 10 the hospital
DR.. Thomas ". Curtis. coroner's physi-