The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-30
LOCAL MATTE r S.


for acting otherwise. Mr.. FsspALL, the District
Attorney, was present; and at quar:'r to twelve
Messrs. BRADLEY and CARLISLE made their appear
ance. in company with the deputy.
| The court then opened in due form.
Judge CRAWFORD informed the counsel of DR..
Gardiner that he inclined to discharge the
jury.
| Mr. FENDALL thought the time had arrived for
the court to exercise it's discretion in the premises
The Couar then cited several high authorities,
including one of the Supreme Court, TO chow that,
under certain circumstances, the discretion in the
judge to discharge a jury is recognised. The sole
| question now was, whether the time had arrived
for the exercise of this discretion
| Mr.. BRADLEY, while admitting all that the court
said, was of opinion that there were circumstances
in this case which warranted longer detention Of
the jury. He had always been in favor of dis
charging jury two hours after they had been
out in the event of their not being able to agree
but be would make this an exception, for various
reasons Much of the testimony comes from
abroad. The Government has locked up the
means of the defendant and he has no money to
carry on another trial, which is pending. He Is
eKpendng the charity of friends, and be might as
we'll be sent to the penitentiary at once as to
have this case tried over again. have it put off,
40 far individual character ia concerned These
circumstances are different from those which are
the United States utterly to oppress the defendant,
instead OF giving him speedy justice. They deem
it their duty to prosecute, and the counsel for the
accused cannot interpose beyond their power. IL
the Government would say it would not try this
gain, then he would consent to the scharge
OF the jury So far from the attainment of justice
by new trial, any thing else must be the result.
After further observations, which we could not
distinctly hear, Mr. Bradley retired to the circuit
court, being one of the counsel in case there
pending.
The CouRr said that in this the sole inquiry
was whether or not the jury were ever likely to
agree. With the consequences he had nothing
to do They must take of themselves.
Mr.. CARLISLE supposed that, in considering this
question, II was proper to look at the surrounding
circumstances. He had known iuries kept for two
weeks in civil cases One will case, he especi-
ally remembered. One of the jurors, after being
Kept out for two days longer, gave in, and ver-
dict was rendered
The CoURT said that in some cases, where FIVE
or SIX yield, the rest follow.
Mr.. CARLISLE recollected a case, shortly after be
came TO the bar, that individual, after keeping
jury out five or six days would not agree to
verdict; and complained that he never cav eleven
such obstinate men in his lifel daughter
The CoURT said if he thought there could be
verdict he would keep the jury longer together;
but he was satisfied the time had arrived for the
exercise of the discretion OF the court.
Mr.. CARLISLE said the jury ought not to be dis
charged until the other comes up for trial
The DisrsIcT ATTORNEY bad expressed his will.
the TACT that the jury bad been together another
day without being able TO agree, only confirmed
him in that disposition.
The CouRT had always looked to the consent of
counsel In such cases. but this could not row be
obtained, he was bound to decide for himself He
would have been gratfed to have an agreement
for this purpose between the counsel both sides
Mr. CAsLisLE must say he believed seriously
that nothing was more disagreeabie to him person
ally than the withholding of his consent for the
Liberation of those gentlemen, who have been
occupying the position of prisoners. Besides
they are suffering prvations, and annoyances
and losses IN business. But he should have cheer
fully consented had not this been case where
counsel have not right TO subject their client to
numerous vexations and enormous expenses Of
another such trial Looking at the matter de-
hbernteIy, and acting under of conscious
duty, SO lar as 1 have any right to demonstrate,
snail demonstrate against the discharge of the
jury. Having thus expressed himself, IT was for
the court to say what was due to public Justice. 1t
was left to the discretion of the court
The CoUsr said it was discretion from which
ne could not escape; and looking at it with all the
care be could give to the subject, he had come to
the conclusion that ii useless to keep the Jury
together any longer. He there to take care
that the laws are duly administered. We all
have TO bear the burdens of society. This is a
heavy burden, but it is one which falls on the
community, not exactly like the rain, on every
body, but on many people Mr.. Henshaw, bring
the jury over; direct them to come into court.
Mr.. Henshaw accordingly proce, ded to The exc
CulOn OF erranG, aud shortly afterwards entered
the room, followed by the jury, who looked rather
the "worse for wear" but neverthe less seemed to
be happy in prospect of being dismissed.
There was much interest manifested on the part
OF the spectators during these proceedings
The jurors having arranged themselves in the
form OF a semi circle, their names were called by
MIR. Middleton, the clerk, who asked, "Gentie
men, have you agreed upon verdct1''
Mr.. F. MAeRUpER, the foreman replied: awe
have not and couldn't if we staid out till Christ
mas"
The CoUar said, .That's good while; Pm sorry
you have not agreed -
Mr.. CRAsDALL, (another JUROR So am l. too
"Ditto. said a third.
The CouRr. suppose In rejecting on the
case, have come to the conclusion to discharge
you, as 1t seems you never will agree-[The coun.
tenances of the jurors frightened the hour of their
deliversnce being near at hand You are therefore
discharged l am sorry you were inevitably SO
long detained. You are discharged until Monday,
and from this case only
number OF the spectators then con graduated
the jurors with whom they were acquainted upon
| their release.
| 10 the course of five minutes from this time we
| noticed several of the jurors walking bri.kly to
their homes, with their carpet bags and bundles
in their hands. II was a refreshing release after
confinement of eight days, with y per diem of a
dollar and twenty five cents out of which thew
! had to pay for their meals
We learn that when the jury returned they
stood-for acquittal n.ne, for conviction three.
! IL was stated openly in court on Friday, through
! MIR. Hepshaw, "that they desired him to inform
the court that there had been change of opinion
among them since they first went into the jury
! room"
! FIsEs.-On Saturday night, between ten and
| eleven o'clock, three large ewly-erected frame
/ houses, on Eleventh street, between Nj and N
streets, the property of Mr.. Samson Simms, were
destroyed by lire. Loss, near 5000. not dollar
j OF which was insured. The houses were near ly
| completed, but not occupied They were there
fore fred by the incendary; and from the fact
| the blaze burst out from the windows of all the
/ houses at once, when the fire first discovered
and thatthe shavings and loose chips had all been
Jemoveda day or two previous, there is reason to
| believe that the buildings we're fired in several
places.
| At a later period, between two and three O'Clock
yesterday morning, four small frame tenements
directly east of the jail, and in that neighborho
were burnt beyond repair and other adjoini n
property damaged by the flames II is said tha
| these Losses are partially covered by insurance
The occupants of the dwellings succeeded only in
part, in removing their furniture be yond the reach
of danger, and were fortunate in escaping with
their lives, considering they were in profound
l slumber when the fire broke out and the combus
tible nature of the material OF which the houses
| constructed One of the tenapta ia an or