...charged in this indictment. So you say, Mr Foreman, and so, gentlemen, you all say.
Sherman, J – Be seated, gentlemen. Mr Clerk, you may order the defendant to be discharge.
The clerk – James Albert Trefethen, the jury having found you not guilty of the offense charge in this indictment, you are now discharged from custody and you will go hence discharged without day. (Renewed demonstrations.)
Sherman, J – We will have order in the court, Mr Officer.
The sheriff – Eject all those persons who make the slightest noise.
Sherman, J – Gentlemen of the jury, the court wants to thank you for the patient manner with which you have attended to this case, and I think you are entitled to the thanks of the county for having served it so long and tried the best you could to discharge your duty. The court also wants to thank the sheriff and the other officers of the court for their courtesy and attention during the trial. Mr Crier, you may now adjourn this court without day.
The names and occupations of the jurors are as follows:
CHARLES E. TINGLEY of Wakefield, machinery manufacturer, foreman. CHARLES KIMBALL of Winchester, steel burnisher. JOHN E. ABBOTT of Newton. MOSES WYMAN of Lowell, boarding house keeper. GEORGE OTTERLY of Dracut, machinist. HOUGHTON G. OSGOOD of Westford, farmer. GEORGE W. BISHOP of Wayland, milkman. RICHARD W. BUNTING of Newton, insurance. SAMUEL O. CARTER of Stoneham, shoe cutter. ELIJAH S. GRANT of Hudson, shoe cutter. AMRI BARKER of Weston, farmer. TIMOTHY E. FLARITY of Townsend, cooper.
“MOTHER, HOME AGAIN!”
What Trefethen Said as He Entered His Home in Everett.
A GLOBE reporter was the first person to tell Mrs Trefethen that her son was innocent.
The news of the verdict was received in THE GLOBE office less than a minute after the foreman pronounced it in court.
Immediately a reporter jumped into a herdic and was driven to the Eastern railroad station just in time to catch an outgoing train which stopped at Everett.
Around the depot quite a crowd of the residents of the city had collected to meet people coming out from the city in order to learn any news from the trial.
Interest in the case has been very great in the place where Trefethen lived and was so well known.
If there was any considerable belief in his guilt, it was not indicated by the demonstration which followed the reporter’s story of the trial and the verdict.
A hackman rushed up to the reporter, and the latter inquired the way to Trefethen’s home.
“Why do you want to go there” Is there any news from the court?” he asked.
“Yes, he is acquitted,” was the reply.
The hackman repeated the answer at the top of his voice, and in a minute there was a general hand-shaking and a unanimously expressed approval of the verdict.
The reporter asked to be driven to the house, and on the way the driver stopped at every corner where there were any people, and told them the news. It created much excitement, and spread like lightning around the city.
Mrs Trefethen had been completely exhausted by the strain of the trial, and it was thought best to send her home, where she would be in a better position to receive the news, especially if it happened to be disappointing.
During the day the neighbors in the vicinity called on the old lady and offered their assistance. Among them were daughters, sisters and mothers of some of those who had gone on the stand to testify against the son.
Towards evening many of them left for their homes, promising to call again, as it was believed that a verdict would not be rendered until late.
Those who remained were Miss Washburn, an old friend of the family, and Miss Marston, a school teacher in the Mt Washington school,
Close to the Trefethen House.
These three people were in the store owned by Trefethen and managed by his mother and younger brother, when the reporter entered.
Mrs Trefethen was leaning against one of the cases, and Miss Marston was trying to encourage her by sympathizing words.
Miss Washburn was in another room at the time. None of the party paid much attention to the reporter as he asked for Mrs Trefethen.
“I suppose you have heard the news,” he said to Mrs Trefethen.
“News, news, what; there isn’t any news yet, is there? Tell me quick, what is it? Is he convicted? My God, what is it?” she cried, as she rushed forward and clasped the reporter by the arm.
Her form straightened, her cheeks glowed and her eyes flashed with unwonted excitement as she awaited an answer.
“He will be home with you tonight.”
“Thank God,” she cried, as she raised her hands, and then, overcome by her feelings, she leaned over the glass case and gave way to a fit of weeping.
Miss Washburn rushed out from the back room and threw her arms around the old lady’s necks, and the three women hugged and kissed each other. This demonstration lasted several minutes, and then, trembling in every limb, Mrs Trefethen was escorted to a seat.
“I knew it couldn’t be any different,” she said between the tears which flowed down her cheeks. “I knew my boy was not guilty, but of course I didn’t know what the jury might do.
“For days and nights for two long years, I have wept and prayed for his deliverance from his enemies. He has been persecuted and maligned, and the officers, with hearts of stone, have moved every power under heaven to bring him to the gallows.
“He has been a good boy. He was loving to me, he was industrious, and not a soul can say a word against him.
“He will be home soon,” she cried out, suddenly brightening up. “Run quick and get the supper ready, Mary; the poor boy will be hungry.”
Mary moved quickly, and soon the odor of frying chops from the kitchen in the rear permeated the store.
“He won’t stay long,” she continued, “he will get to his mother as quick as he can, you can be assured of that.”
Several of the neighbors called in a few minutes and tendered their congratulations to the happy mother. Then she sat down again to wait.
When Trefethen managed to escape through the crowd anxious to clasp his hand at the court house he was joined by Arthur I. Richardson, the private detective who has been working in his behalf, and his young brother, Joseph Trefethen. They entered a hack and
Were Driven Rapidly to Everett.
The old lady heard the rumble of the wheels as the carriage approached the house.
“Here he comes,” she cried, and jumped up and started for the door.
In a minute the door opened quickly and Trefethen rushed across the floor.
“Mother, home again,” was all he said as he clasped his arms around her neck and kissed her repeatedly.
Trefethen was so affected at the meeting that he cried like a child, while many in the throng of neighbors present were similarly affected.
Then he shook hands with everybody and approaching the GLOBE reporter held out his hand, saying:
“I take this opportunity of thanking you for carrying this glad news to my mother and to say that THE BOSTON GLOBE has been the fairest paper to me since my arrest.
“You can’t imagine my feelings as an accused, then as a condemned murderer, and while in that plight I tell you I admired and appreciated a paper that was not influenced by a false clamor to desert the standard of fair play.”
Trefethen was too much affected to say much about the evidence in the case.
“I was buoyed up throughout my imprisonment,” he continued, “by the knowledge that I was innocent. I felt all along, even when I was pronounced guilty, that everything would come out all right. I can’t explain to you what a source of strength it was to me.
“Imagine me sitting in a cell, pronounced guilty of murder in the first degree and the gallows seemingly staring me in the face. I was never accused of a crime before and I tell you it was something terrible.
“I did not despair, but if I had been a guilty man I should have gone crazy. I felt that my innocence could be proved if I got a new trial.
“I don’t want to say anything against the jury which convicted me at the first trial, because I regard them all as honest men, and believing that they felt they were doing their duty, I have no fault to find, but I will make this criticism – I don’t think they were the calibre of men fit to try and decide such a case. They were most of them farmers, ignorant of the modern police methods used in securing evidence against an accused man.
“The police go on the theory that when they once accuse a man of a crime they are forced to convict him. They forget they are public servants, and that it is their duty to establish
Innocence as Well as Guilt.
“The witnesses who told the truth I have nothing to say against. I have no feeling against a single officer who did his duty honestly. Some of them didn’t. They lied, they manufactured evidence. I knew every one who lied, because I know the truth.
“If I had been guilty, I should never have gone to the police in the first place. I went to them and tried to assist them in explaining the mystery.
“I want you to print from me, that I am going to consult my lawyers, and if they give me permission, I will make a statement about Tena Davis which will put a new light on her disappearance. I can tell you about certain people, but if my lawyers object, I will have nothing more to say about the case.
“I want to express my thanks at my kind treatment in jail. A man who behaves himself there will be used right. I was fed well, and allowed exercise, which accounts for my present health. I have gained seven pounds since I was locked up.”
By this time the store was crowded with people anxious to extend their congratulations. Trefethen was wonderfully patient, and stood there for two hours smiling and chatting, while the immediate members of his family stood at the entrance to the kitchen waiting to escort him to his old seat that the head of the table.
“I will stay right here and try and build myself up again in business, with feelings against nobody,” he said. “Those who have unjustly injured me I will pass by as strangers.
“That’s all tonight, as I am too tired to talk, and I want to be alone with my dear old mother. It was she I felt for when I was in jail, and it is for her sake I thank God the case is over.”
Trefethen then sat down to supper.
It is said that Trefethen has spent every dollar he had in the world for his defense. The property he once owned has gone with the rest.
EX GOV LONG IS SATISFIED.
He Thinks No other Verdict Could Have Been Returned.
Half a dozen gentlemen gathered in the office of Allen, Long & Hemenway about 6 pm to congratulate ex Gov Long on the Trefethen verdict. Joy was depicted on every face; handshaking and exulting words passed at each addition to the group.
Suddenly a light step was heard and Gov Long came in.
The first person to meet him was the typewriter, who shook hands with him as though she had been a relative of Trefethen.
Then he went into the inner office and talked for three or four minutes in an undertone with the gentlemen assembled. Such words as “Pillsbury,” “knockout” and “great” were heard by THE GLOBE man.
But Mr Long had little time to talk. Coming out he gave the reporter a pleasant nod and said:
“You can say that we are all feeling very much pleased over the verdict. I am satisfied. I don’t know that there is much of anything else to say.”
“Were you at all surprised at the result, governor?” was asked.
“I shouldn’t have been but for the previous verdict, inasmuch as it was against us. But all the new evidence was in our favor. I have always believed that when the case was fully presented in all its details there would be no jury that would convict him.
“The verdict was a right one. All the new evidence strengthened our case and weakened the government’s. There was absolutely no evidence that any murder had been committed, and no other verdict could have been rendered. But you must excuse me now, as I must hurry to catch my train.”
And the smiling lawyer hurried for the 6.25 train for Hingham.
FROM THE JURORS.
They Refuse to Tell How Many Votes Were Taken Before the Verdict.
Lowell, Sept 29 – Councilman Moses Wyman was met at the Middlesex st railroad station when the 7.30 train from Boston reached Lowell. He said to THE GLOBE correspondent:
“I cannot tell you anything about how the verdict was reached, as it was agreed by the jurors not to make any statement for publication. I can say personally that my judgement was not formed before the judge’s charge was presented. I can also say, and I think the other jurors will agree with me, that the counsel for the prosecution made the most of their evidence.
“I have had all the jury duty I care about. Some one placed my name in the jury box as a joke, and to my surprise I was drawn. You can see how isolated we have been from the world when I tell you it surprised me to hear a man on the train tonight say that wages were to be reduced in the Lowell mills.”
George Ottley of Dracut said:
“I have given my word of honor not to say anything about what occurred in the jury room. I can say I appreciated the gentlemanly manner of the attorneys in the case, the judges and the court officers.
“I did not like jury duty, specially being separated from the world. We rode on a car one day to get the air. No one else was allowed upon it, and it must have surprised a Chinaman when he was ejected.
“I thought Trefethen took the verdict in an excellent manner. Of course he was affected as any man would be in similar circumstances.”
H. G. Osgood, the juror from Westford, did not return tonight. The other jurors say he has gone on a visit to his sister.
THE GLOBE WON HIM $50.
The Man That Backed the Herald’s Trefethen Verdict Lost That Sum.
The verdict in the Trefethen case was the cause of a novel bet last evening, and as a result $50 changed hands.
Two friends met on Washington st, each having bought an “extra” of his favorite paper. They fell to discussing the Trefethen verdict when they were astonished to find that the two papers did not agree.
THE GLOBE said that Trefethen had been found “not guilty,” while the Herald had in flaming headlines “Trefethen guilty.”
Now each man was in the habit of swearing by his paper. The one with THE GLOBE had enough confidence in his paper to bet $50 that its report was right and that Trefethen had been acquitted. The other man felt equally positive that the Herald must be right in its statement that Trefethen was found guilty. So he backed his confidence to the tune of $50.
To settle the question they telephoned the offices of the two papers.
Result – Man who backed THE GLOBE report won $50, for THE GLOBE was right, as it always is.
Later in the evening the Herald got out another extra edition correcting its first report.
WHAT PEOPLE SAID.
Some Approved and Some Found Fault With the Verdict.
THE GLOBE carried the news to police headquarters, and great astonishment was freely expressed.
Inspector Burke said: “Well, the least I expected was a disagreement. ‘Not guilty’ surprises me.”
Inspector Gerraughty: “I thought he would be acquitted.”
Inspector Houghton: “What, not guilty! Well, well, well! I looked for a disagreement as the best he could get.”
Inspector Knox – Not guilty! You astonish me. Well, murder is getting to be the safest crime a man can commit. Get clever counsel and you’re all right.
Lawyer Charles W. Bartlett – You never can tell what a jury will do. I think the verdict was authorized by the evidence. The state’s case was weak in many points.
The people on the street in front of THE GLOBE’S bulletin board were of as many opinions as there were individuals. Even those who thought Trefethen was innocent were surprised. Dozens delivered themselves of the assertion that he was guilty though acquitted.