NYMONROE-L Archives

From: "Susan" <>
Subject: Murder Trial March 2, 1896 - The Verdict
Date: Sun, 9 May 2004 08:35:29 -0400

The Union & Advertiser
March 2, 1896

CHATFIELD Free

Jury Found a Verdict of Not Guilty

The Court Admonished the Defendant to More
Circumspect in His Conduct Hereafter

There Were Nine Ballots Taken on the Several
Degrees of Murder and Manslaughter Before Acquittal

Egbert H. CHATFIELD, who was held in jail from May 26th last to
Saturday night is again a free man, the jury having acquitted him of
crime, and accepting his plea of self-defense in shooting Dominick
KEARNS, as announced in the extra edition of The Union issued Saturday
night. He is now living with his parents on Genesee street and a
number of people visited the house and offered congratulations
yesterday.

The jury brought in a verdict at 9:35 o'clock on Saturday night after
having been in deliberation less that six hours.

The communication which the jury presented to the court on reporting
the verdict, and the contents of which caused the court to deliver a
lecture to young CHATFIELD on the carrying of fire arms and
frequenting of saloons, was as follows:

Find a verdict of not guilty. Be we recommend that the most honorable
justice admonish the defendant that in the future he bear himself with
greater circumstance.

The jury charged with determining whether or not Egbert H. CHATFIELD
was guilty of crime in killing Dominick KEARNS on May 26th last,
retired to the jury room leading off the trial term room immediately
after receiving Justice DAVY's charge. From 4 o'clock to 6:30 o'clock
the jury men remained in the room. Then they took three-quarters of
an hour for supper at the National Hotel, after which they resumed
their deliberations in the jury room.

Considerably before 8 o'clock, the hour to which court adjourned,
curious spectators commenced to assemble in the corridors of the
seventh floor of Powers block and gathered in groups outside the court
room to talk about the trial and the expected verdict. The doors of
the court room were opened a Little before 8 o'clock and people filed
into the room. Over half the spectators were women.

The low murmur of conversation which had been going on among the
spectators first in the room was suppressed as Egbert H. CHATFIELD, a
Little more anxious looking that usual, was led into the court room
soon after 8:30 o'clock.

The CHATFIELD and KEARNS families occupied the same relative positions
as in the afternoon, one on either side of the aisle in the front of
the room. Rev. A. S. CRAPSEY sat beside the CHATFIELDs. Mrs.
CHATFIELD and her daughter, who had been present during the entire
trial, were not in the court room at the time. Mr. RAINES sat in his
usual place in front of his client. Assistant District Attorney
WARREN was also present. The jury not having agreed at 8 o'clock, Mr.
RAINES went home. Most of the other parties, and all the spectators
remained in the room or vicinity.

At 8:30 the jury sent word that they wished to see the judge, and at
first it was supposed that they wanted instructions. A Little later
it was given out that they had agreed. It took over an hour to get
Mr. RAINES and everybody waited with what patience they possessed.

It was a solemn scene when Justice DAVY entered the court room to
receive the verdict. A large number of spectators filled the room and
others waited outside, as the deputy sheriffs were careful to allow no
crowding in the room. When the jurymen took their places in the box
Court Crier BRADSTREET, in his impressive tones, commanded order in
the court room while the jury announced its verdict.

As soon as the jurors had taken their places, Justice DAVY took
occasion to warn the spectators that any tendency to applaud the
verdict of the jury, whatever it would be, would result in the arrest
of the culprits.

Clerk WOODWARD then put the question:

"Gentlemen, have you agreed upon a verdict?"

"We have," came back the firm response of Foreman WILDER.

"What say you, guilty or not guilty?" was then asked.

"Not guilty" was the reply.

A low murmur as of an attempt to applaud was immediately suppressed.

The defendant was ordered to stand.

"While the jury," said the court, "find you not guilty they thought it
necessary to suggest to the court that you be instructed to hereafter
conduct yourself more properly and not carry firearms. I may add
that the jury has seen fit to give you the benefit of the doubt, and I
hope you will refrain hereafter from visiting saloons and carrying
firearms."

Juror ARNOLD then suggested that the case should be a warning to all
young men in the habit of carrying firearms and frequenting saloons.

The defendant was then allowed to shake the hands of the jurors and
his friends in the court room. A large throng waited outside the
building to see him, but accompanied by Mr. RAINES and his father
young CHATFIELD left by a side door, avoiding the throng and went
directly home.

There were nine ballots taken by the CHATFIELD jury Saturday night.
Three ballots were taken on murder in the first degree. The first
stood seven for acquittal, three guilty and two blanks; the second was
eleven for acquittal and one for guilty; on the third ballot for
murder in the first degree, all voted for acquittal. On murder in the
second degree, the vote stood on the first ballot unanimous for
acquittal. Two votes were taken on manslaughter in the first degree.
The first was eleven for acquittal and one opposed; the second, nine
to three, and on the third twelve for acquittal.

This ends a trial which has consumed two weeks time of Justice John M.
DAVY and a jury with Assistant District Attorneys Stephen J. WARREN
and Howard WIDENER conduction the prosecution and George RAINES the
defense. The jury was composed as follows:

Edward DANCEY, farmer, Penfield
Thomas ETRUTT (STRUTT), farmer, Barnard's Crossing
Alonzo BOSLEY, contractor, Sixth ward
Bassett HIETT, farmer, Greece
Hugh A. SMITH, Farmer, Ogden
Dr. Frank W. ARNOLD, dentist, Sixth ward
John PAINE, farmer, Greece
Henry PATTON, farmer, Gates
Marion P. WILDER, conductor, Charlotte
William CLARK, farmer, Clarkson
William H. BLOSSOM, farmer, Brockport
H. S. WEATHERLOW, farmer, Penfield
Mr. WILDER was foreman and Mr. ARNOLD secretary.

Sue

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