New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-22
HICKEY CONVICTED ON
THE THIRTEENTH VOTE
Jury DeIiberateS rs Hours in
Deciding Fate of Confessed
Stranger of BOYS.
MURDER IN SECOND DEGREE
Judge Expresses Regret That
Justice Could Not Be Done
the Defendant" and Lat
ter Is Well Pleased.

BuTalo Dec. 21.--After twenty-six
hours deliberation the jury in the case
of J. Frank Hickey. on trial for the
murder of seven-year-ol Joseph Jo-
scyh. Of Lackawanna, on October II,
J91f brought in to-day verdict OF
murder in the second degree.
Thirteen ballots were taken TO de-
eide Hickey's fate Twelve resulted.
according to the jurors, nine for convic-
ton and three for not guilty on the
insanity plea. The thirteenth and last
ballot was taken at 2:3O o'clock this
afternoon, after the jurors had reported
to the court in the morning that they
could not agree. Justice Brown then
declined to discharge thenI and direct
ed them to return to the jury room in
further effort to arrive at verdict.
At Hickey's request the imposition of
sentence was deferred until Monday
morning. The penalty is not less than
twenty years at hard labor in states
prison.
The crime for which Hickey was
convicted was one of the most revolving
In the criminal annals of Erie County.
BY buying young Joseph candy Hickey
,ngratiated himself in the boys favor
and enticed him TO a deserted building
back Of a saloon in Lackawanna,
strangled him and hurled his body into
a cesspool.
CIew in Postal Cards.
A countrywide search of over a year
failed to afford any clew as to the boys
fate. but late last fall the police re-
ceived a series Of postal cards telling
in detail of the crime and designating
where the body would be found. BY
following the directions given by the
murder cards" the body was recovered.
Newspaper reproduction Of the post
cards led to the Identification Of the
writer and his subsequent arrest at an
inebriate colony in Whiting, n. j.
Hickey at first denied all knowledge of
the crime, but later made full con-
fession, admitting at the same time the
killing of Edward Morey, in Lowell,
Mass, in 1888. by giving him poisoned
whiskey, and the strangling to death
of Michael Kruck, a twelve-year-old
New York newsboy, in Central Park
on December 10, 1902.
Hickey's defence was insanity, and
five experts. one called by the court.
two by the prosecution and two by the
defence, testified. All agreed that
Hickey, while abnormal, was not in
sane. Two stated that he was not
legally responsible for his act at the
time and three that he knew its nature
and quality and knew that 1t was
wrong. The trial lasted six days.
Judge Shocked at Verdict.
Il am too shocked and surprised to
say anything at the time. Ifear might
not do the subject justice; but shall
speak my mind plainly In court on
Monday, when pronounce sentence on
the prisoner" said Judge Charles 3.
Brown, before whom Hickey was fried,
when asked Tor an opinion on the ver-
DICT.
In discharging the jury Judge Brown
said It was extremely to be regretted
that Justice could not be dons the de-
PENDANT" and added: 1.-The public and
the court do not feel satisfied with the
result. For those of you who have
earnestly endeavored to procure diff
ferent result the court desires to ex-
tend to you its sincere thanks for your
efforts to render justice"
Hickey is well pleased with the out
come. II think the verdict is all
right" he said. Il don't think that I
should have been found guilty In the
first degree, for was not responsible"
Public indignation at the outcome of
the case is intense. and in legal circles
the possibility Of having Hickey tried
for the murder Of young Kruck is be-