Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-02-07

/ in the world. TO his fellow prisoners
when he came in. he gave tho same
CHEEKY smile hat he has greeted them
with ever since he has bean an inmate
of the Jail, but refused to discuss his
case in amy manner whatever. Offers
of sympathy We're rebuffed by MacFar-
land and he made II very evident that
he wished to be left alone. He will
probably be taken to Trenton tomorrow
or Friday.
The events leading up to the pro-
nouncement of sentence were the for
NAL request for a setting aside of the
verdict found last Wednesday and for
a new trial made by Frank M. McDer-
NIT on behalf of MacFarland.
Three grounds were given by Mr.
McDermit. One was the introduction
of the Bunny letters over the OBJ
lection of the defense. Another was
that the letters were introduced in evil
dence Illegally in that neither the party
who sent them or the party who re-
ceived them had proved the letters;
instead they We're only proved by the
opinion of experts, Mr.. McDermit de-
clared. He insisted that this was not
legal. The third ground was that the
weight of the States evidence was
circumstantial and not legal.
McDermit argued for the greater
part of an hour on the points made by
him. At times he was vehement, but
most of the time spoke In a quiet
manner that made 1t apparent he be-
lieved his client had been wrongfully
convicted. He arraigned the jury and
declared their verdict of guilty was an
illogical one and made much of the
fact that the Jury had taken an BATH
of secrecy as to what had happened
during their twelve hours of ~delibera-
ton.
After Prosecutor Mott, in a brief ar
gument. a combatted all these
points, Chief Justice Gummere said:
Il see no reason why 1 should delay
determination on this application.
There ie no doubt in my mind as to
the admissibility of the so-called
bunny letters found in this defend
ants desk and at his home. The iden-
tical question brought up has never
been decided in the higher courts of
this State. But the letters were found
IN the possession of the defendant.
If | had any doubt that this case would
III be considered by a court of re-
view 1t might make a difference, but
to pass 1t now would only delay mat
ters~ In regard to the proof of hand
writing, / think there is no lack of
proof on that score. and as far as their
aamissibility. goes the letters seem to
show the relationship existing between
the mar and the girl"
In taking up the question made by
McDermit in his argument that he
jury had decided against the weight
OF evidence and of the judges charge.
the chief Justice said:
THE verdict certainly was not con-
'trary to the charge of the court. That
left everything open to the jury. I
cannot believe that the finding of the
jury was contrary to the weight of
evidence. I think it would have been
difficult to select twelve better men
than those who tried. this case.'
In brief terms the chief justice dis
posed of points made by McDermit re-
garding newly-discovered evidence.
stating that the evidence was at hand
at the time of the trial, and then
formally refused to set aside the YER
dict or grant a new trial. Prosecutor
Mott then asked that sentence be pro-
nounced.