The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
KILROE JURY FINDS
VERDICT OF GUILTY
Lawyer Swarts Also Convicted
Of Conspiracy in Sidetrack-
ing Bigamy Case.
MERCY is RECOMMENDED
Bail Is Continued and Date Of
Sentence Fixed by Court
for Next Thursday.
MERCY is RECOMMENDED

Edwin p. kilroe, Assistant District
Attorney, and Louis r. Swarts, law
yer and formerly his law partner, who
had been tried for nine days on an in
dictment charging conspiracy and fail
ure to prosecute, were found guilty BY
jury in the Supreme Court at 2
o'clock this morning.
The jury recommended. however,
that the clemency of the court be
shown them, and Justice Barlow s.
Weeks assured them that he would
do SO. The men were released under
the same nominal bail under which
they have been since their indictment
and will appear before Justice Weeks
Thursday morning for sentence.
The conclusion of the jury was
reached after eight hours of delibera-
ton and hot argument judging from
the sounds that could be heard from
the jury room. Their session was in
terrupted from 10 o'clock to midnight by
the desire of several of the members
for further information. They filed into
the court room with requests for the
repetition of various parts OF the testi
mony and Of the Justices charge. There
arose during this period O. unique pro-
cedure in court custom, with counsel
for both sides, correcting. supplementing
and volunteering to aid the Justice In his
repeated charges.
Tho verdict was as distinct shock
to the sympathizers Of Mr.. Kilroe. They
expected at the most disagreement
Even II he was responsible for dropping
the charge of bigarny against Nas,e!eon
Ir1 l.,-rx tltn hn lie fsf
.ndictment-they thought the jury would
view this as an act of friendship for his
former partner and therefore not hold
he was a party to conspiracy
Mr.. Kilroe and his codefeneant re-
ceived the verdict calmly. With tie arm
of the young son OF William VI X OIL
colt, his counsel around his shoulder
and with Mr.. Swarts at his side, the
Assistant District ATTORNEY r..
the clerk of the court and answered the
formal questions necessary to the con-
tinuance OF his bail. Mr.. Swarts was
comforted up TO the last by the presence
OF his wife.
AS the jury filed out Of its box. after
receiving the thanks OF Justice Weeks.
William Rand. Special Deputy Attorney
General. who conducted the prosecution,
told them simply: 1T was a hard thing
to do
The maximum penalty tor conspiracy
is three years in Blackwell's Island
penitentiary, or $1,000 fine or both. The
crime is a misdemeanor.
The charge of bigamy against Bou-
rasse. made by Mrs. Helen Montrose St.
Marie Bourasse. was dropped at the sug-
gestion OF Mr.. Kilroe in the Tombs Court
on November 10, 1919. on the ground
that IL would be difficult to establish the
validity of the marriage of Bourasse 70
Mrs. Mary Coyne. For the Assistant
District Attorney had been informed
that previous marriage OF Bourasse 10
a woman named Normandan in Canada
existed.
Contingent. however, on the dropping
Of the criminal charge, II was alleged.
there was TO be payment OF $4,000 to
Mrs Bourass by her husband in consid-
GRAFTON OF her dropping a civil action for
bgamy she had begun against him. The
prosecution tried to prove that negotia-
tions for this settlement were carried on
In Kilroe's office.
Mr. Kilroe based his defence on the
fact that there were three marriages
and that inasmuch as the Canadian wife
could not be located. II would be i'm
possible TO obtain 4 conviction on Just
the second and third marriages. He was
backed In THE opinion. testimony
showed, by Robert Johnstonc of the Dis
trict Attorneys appeal bureau. who was
the authority there on points Of law.