New-York tribune., 1921-04-02
Found
Guilty, Faces
3-Year Tern,
Jury, After l1% Hours in
Debate, Convicts Asst.
District Attorney and
Swarts in Bourasse Case
Mercy Is Recommended
Disbarrment and 900
Fine Possible. Sentence
To Be Imposed Thursday

A jury shortly after a. m returned
a verdict of guilty against Edwin p.
kilroe and Louis +. Swarts, charged
with conspiracy to impede and defeat
the ends of justice in failing to prose
cute Napoleon Bourasse for alleged
blgamy. The jury entered a strong
recommendation for mercy, and after
hearing. the verdict Justice Weeks con-
tlnued the two men in bail until next
Thursday morning at 10 o'clock, when
they Will be arraigned for sentence.
The Denalty prescribed by law for
conspiracy is not more than three
years Imprisonment or not more than
$1,000 fine, or both.
The case was given to the jury at
$3.50 o'clock yesterday afternoon. Two
hours were given to luncheon and din
rer, and the jury returned once during
the evening for instructions.
Justice Weeks, who had retired to
his chambers, was Informed at 2 o'clock
that the jury had reached a decision
and returned at once to the court
room.
When Foreman Charles Wood re-
sponded Eyes" to the usual question,
his voice was so low that it hardly
carried across the courtroom The
two prisoners leaned forward. The
word guilty" was pronounced more
clearly, but as he uttered it the fore
man looked at the two accused men
and flushed.
Justice Weeks responded slowly and
distinctly. Your verdict" he said.
carries a very severe penalty, involv-
ing as it does disbarment. | will give
your recommendation for mercy every
possible consideration"
Colonel Rand then replied to the re-
quest of the Swarts counsel for con-
tinued bail, saying that he was glad
to consent. Justice Weeks thanked the
jurymen for their work.
AS the convicted men left the court
room they were surrounded by many
friends
Eleven and one-half hours were con-
sumed in the deliberations Of the jury
before decision was reached.
After the jury had been out for eight
hours, word was sent to Justice
Weeks that the jurors desired in
structions from the court on various
points of evidence and law, and also de-
sired to have all the testimony of Rob-
ert w. Johnstone, Assistant District
Attorney in charge of the appellate
branch of the city prosecutors office,
and that of Lyle Mahan, counsel for
Bourasse, read over to them. When
this was done the jury resumed its de-
liberations.
The jury began consideration of the
case after Justice Weeks had charged
them for three hours. Following the
charge, former Judge William M. X.
O.cott, of counsel for the defendants,
l. ~. OC
upon the contention of the prosecution
and the omission Of vital matters for
the defense.
During his charge Justice Weeks
characterized the efforts of Mr.. kilroe
to obtain evidence about Mr.. Bourasse
as a ridiculous search. Mr.. Olcott also
objected to this statement.
"Those are the facts as presented by
the prosecution, said the justice.
The defendants were indicted on a
charge of conspiracy. Mrs. Helen
Montrose st. Marie Bourasse, motion
picture actress, complained that Mr.
Kilroe permitted the dismissal of
bigamy charges against her husband
Napoleon A Bourasse, stock broker
Mr.. Swarts, who was her lawyer, was
charged with being a party to the
alleged conspiracy. Mr.. Kilroe's de-
fense was that he could not prosecute
Bourasse because he could not find the
legal wife Of the broker to give the
necessary evidence of his prior mar
riage.