The Waterbury Democrat., 1937-10-27
JOHN MONTAGUE
 FREED BY JURY
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(Continued from Page ) shorts. It was considered certain that radio advertising and book and magazine publishers would make immediate and equally lucrative of- fers.
 Under his contract, all these op- portunities will be acted upon by Crosby. The contract was effective the moment not guilty verdict wa& rendered, and that moment came shortly before midnight last night when @ gray.haired man stood up in the jury box in the country courtroom and pronounced the words that freed Montague ot the charge that seven years ago he was one of the four men who robbed Kin Hana's roadhouse.
 No Hero to Court officials
 Montague seemed a hero to every one in Elizabethtown with the ex- ception of District Attorney Thomas Mcdonald, who prosecuted him, and County Judge Harry E. Owens who presided at his trial. Judge Owen made his feelings plain when the jury announced its verdict. He said:-
 T am sorry to say that your ver- dict Is not in accordance with what I think you should have rendered, but that is up to you, not me-"
 James Noonan, Montague's lawyer, moved then that Montague be re- leased from the $25,000 bond under which he had been at liberty. Curt- ly, Owen granted the motion. Then Noonan, the lawyer wno once de- fendned the gangster, Dutch Schultz turned to the jury:
 T thank you, thank you in be- half of Laverne Moore (Montague's real name; he changed 1t at the beginning of the seven year period during which he was wanted on the robbery charge) and now he will thank you for himself"
 Montague Is Stopped
 Montague arose and began:
 "0entlemen of the jury"
 He got no further. Judge owens face had been clouding. He rappod angrily on the bench with his gavel, cried:
 "Wait minutei This is no show"
 Montague sat down. murmuring:
 "I'm sorry, your honor"
 owen adjourned court and 1t seemed that everyone in the packed courtroom swarmed around the muscular, pudgy Montague, pound- ing his shoulders, wringing his hand. He was lifted to willing shoulders and, amidf wild cheering, carried out.
 Nearly Five Hours
 The jury deliberated four hours and 70 minutes. Some court ob- servers felt that Judge owens charge might have been c deciding factor. It permitted only two ver- dicts--guilty of first degree robbery or acqulttal. Robbery in the first degree carries mandatory penalty of 10 to 30 years in prison.
 The jury of carpenters, laborers and truck drivers had heard e bit- ter summation from the prosecutor and an impassioned appeal from the defense, preceded by Montague's own story, all of which eliminated the week.old trial.
 Defense Counsel Noonan waved the automatic pistol which the four bandits used to rob the Hana road. house, shouting:
 "This boy Is not the type who would point one of these things ct anybody and say Give me your money"
 Prosecutor McDonald said:--
 q want to say that I have seldom tried Q case where the indication of guilty was so strongl where the defense was 50 weak"
 Montague said he fled Syracuse, his home city, Q few days after the robbery, because his golf bag and Q valise containing his clothes had been foundn in the car used by the bandits, he said, and had put his things in the car Q week before tor c trip to Saratoga which they had planned. He had been asleep in his home when the robbery took place, he testified.