The Birmingham age-herald., 1914-12-20
New City, N. Y., Man Will Not Pay Penalty for Staying His Daughters Husband
ANNOUNCEMENT prn
 VERDICT IS .e..',sss'sSN
 FOR DFN~ q 'snss hTION
Cleary Seemingly Dazed, But Quickly Recovers and Thanks the Jury-Shows Effect of Strain

New City, N. r.. December 19.--WiI- straw and democratic leader in Rock- land county, was acquitted by s Jury in supreme court here tonight of the charge of murder in the first degree on which he was tried for killing Isu- gene M. Newman. his son-in-Iaw.
 Announcement of the verdict was the signal for demonstration by Cleary's friends in the courtroom
 When the jury sent word that 1t had agreed Cleary was brought in. He showed the effects of the strain he had been under. Mrs. Cleary was over come by nervous attack and was taken from the room.
 When the jury filed in 1t was ,appar- ent what the verdict would be. The foreman when asked what the jury had decided almost shouted the words. ''Not guilty"
 Applause followed the announce ment. Cleary seemed dazed at first and when he regained his composure asked permission to thank the jury. Ii was granted and he shook hands with each of the 12 men saying, "Gentlemen, I thank you for your merciful and right eous verdict"
 It was learned that at no time during the jury's deliberations were more than four votes cast for Clearys conviction on any ballot. The vote stood to { for acquittal until the last ballot. One of the jurors said the scene between father and daughter in the courtroom yesterday had affected them greatly, impressing them with belief in Cleary's overpowering love for the girl.
 To Resume Post
 Cleary will go away for recupera- ton and expects soon to resume his post of clerk of the town Of Haver- straw. where he is democratic leader.
 Newman was slaot on July s3 last, while he was in CIeary's office iu Hay erstraw waiting to tell the town clerk that he had married his daughter.
 The contention of the defense was that although Cleary had learned that his daughter was to become a mother he did not know that Newman had mar ried her. The town clerk testified that, driven temporarily out of his mind by his daughters plight he had no recol- lection of events immediately preced- ing the shooting or of the tragedy It. self,
 Defense and prosecution in the trial today summed up their cases, Justice Morschauser delivered his charge at the opening of the afternoon session The jury retired immediately thereafter.
 In his address to the jury, Frank Co., mesky, Cleary's chief of counsel, ap- pealed in measure to the unwritten law. Mir. Comesky laid emphasis upon the statement that when Cleary received in- formation that his daughter was about to become a mother he was driven tempo rarily insane.
 Sensation Reached
 The sensation of the trial was reached when Mrs. Anna Cleary Newman, widow of Eugene Newman and daughter of the defendant, told from the witness stand story confirming the testimony of her mother and father, who had preceded her
 Mrs. Newman told of her marriage to Eugene Newman five days before the shooting, declaring that she kept the fact a secret from her father and mother and, in answer to questions, affirmed the contention of the defense, tthat Newman was the father of her unborn child, which fact, Cleary previously had stated, caused him to lose his reason when his son-in- jaw called to inform him of the secret marriage.
 The jury witnessed a dramatic scene late today when the young widow was brought into the courtroom to testify for her father, former town clerk of Haverstraw and prominent in politics The girl of 20 was assisted toward the witness chair by her uncle, and she clung to her relative as though dreading the ordeal.
 Her father had not seen her since July 22. the day before Newman was shot as he was waiting to tell ;.eary that he and Anna were married. As his daughter neared him. Claary gave evil
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