Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-03-14
Acquittal Com es on
Third Ballot A f t er
Hours DeliberatiOn
of Aged Million
aires Case
Lee, Chicago Negro Also Not
Guilty of Conspiracy Charge
Mrs. Stokes Not in Court
Room to Hear Verdict
Clashes with Husbands Sec
rotary in Judges Chamber
Stokes Thanks Jurors, Poses
for Camera Battery

Chicago, March 13-W. r. D.
Stokes, millionaire New York hotel
owner, and Robert F. Lee. Chicago
negro, were acquitted late today OF
conspiracy to defame Mrs. Helen
Ellwood Stokes.
The jury returned a verdict for the
70 year old defendant after deliber-
ating one hour and five minutes. Two
ballots showing eleven to one for &C
quittal were taken before agreement
was reached on the third, only one
ballot was necessary to free the
negro. Mrs. Stokes was not in the
courtroom to hear the verdict.
Aside from the verdict, the last day
Of the trial had an added thrill in an
angry encounter between Mrs.
Stokes and Miss Marion L. Brophy,
the private secretary who had been
in close attendance on the aged mil
lionaire throughout the five weeks
he had been before the bar.
A slight demonstration of hand
clapping greeted the verdict. Stokes
was highly elated. His face was
wreathed in smiles as he thanked
the jurors and posed with them for
photographers.
II am surprised: I have nothing
else to say" was the comment Of
Milton D. Smith, assistant states at
torney, who led the long fight to send
Stokes to the penitentiary for, the
state alleged, illegally trying to prove
that his young wife once was a men,
Der of the notorious Everleigh Club.
which, until 10 years ago, flourished
in the night life of Chicago.
Stokes told the jurors You have,
given me justice, and I am thankful
to you ALL"
hrs. Stokes clash with Miss Bro
ply was precipitated when they met
in Judge Gemmilrs private cham
bers. Miss Brophy said that Mrs.
Stokes declared her refusal to remain
in the same room with the secretary
and demanded that the latter be re-
moved. After a few angry exchanges
the woman went into separate rooms.
In his instructions to the jury,
Judge Gemmill directed that 1t dis
regard postcards read late In the.
trial by prosecutor Smith. with the
inference hat they had been sent
Mrs. Stokes, her two children and
her mother by Stokes. Alleging that
Mrs. Stokes had associated with ne
grOes, the cards were not supported
by any further evidence.
Judge Gemmiall at that time warn
ed the state that it probably had
committed reversible error and
that he might have to set aside ~
verdict against the aged defendant.
The state pleaded for vindication
of Mrs. Stokes by conviction Of her
husband. The defense said it will
ingly gave that when Mr.. Rathbun
attorney for Mr.. Stokes, in his sum-
ming up, announced that he did not
believe Mrs. Stokes ever had been an
inmate of the Everleigh Club, or had
associated with negroes.
His client, he pleaded, was an old
man obsessed by the belief that his
young wife had done wrong and was
bent upon establishing the correct
ness or incorrectness of that belief
by legal investigation in which he
took the lead. "He may have done
things to make you think he was a.
darned old fool" Rathbun pleaded
but he did not Illegal"
Stokes testified that he spent much
Of three years investigating reports
he received that Mrs. Stokes once
was known in Chicago's old leyee
district.