The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-29

that bis " hole story IS false and franduiept
The defendant expects you To believe, against all hu
sensetha he became the sudden possessor OF enormous
wealth, without telling you how he acquired H. why,
surely he must indulge the fancy which the poet ex
pressed when he exclaimed
"O1, Judgment thou fled to british beasts,
And men have lost their reason a
will not, gentlemen OF the jury, trouble you further
on this head. We have shown To you that the defend
ant had not the means to carry his pretended mining
operations and having established that fact by testimony
aud considerations which address themselves 10 The com
fase~knowinsly iase-ihat he is perared man
The prosecution might be rested here II there were no
other evidence IN the cause than that supporting The
proposition Just considered, should expect verdict of
guilty But The evidence this branch is not all
anything like all, tina. belongs 10 The and as 60
on you will see that tgrows biacker and blacker
[To BE Continued
SATURDAY, MAY %, 1853.
The CouRT directed Mr.. Hsnshaw, The deputy mar
sha to aud tell the counsel for the defence that ne
should discharge the Jury unless they gave good
reason Tor his acting Otherwise
AT quarter 10 Il o'clock, Nlessrs Bradley and Car
Isle made their Appearance N company with the deputy
The court then opened in due form.
The CouRr would inform gentlemen thu, j, is inclined
to discharge the jury His honor then proceeded TO cite
several authorities, including one 0! Chief Justice Parker
of Massachusetts, 10 show that under certain cIrcnm
stances the discretion in the Judge TO discharge jury
recognised The sole question now was whether The
time had arrived Tor the exercise OF This discretion.
was IF opinoa that there circumstances IN this
case which warranted longer detention OF the jury.
lie had always been in favor oil dschaTging jury two
hours after they had been out IN the event OF Their not
being able agree but he would make this excep
lion Tor various Mucn OF The testimony comes
from abroad The government has locked up the means
ot the defendant, and he has money 10 carry on an
other trial which is pending. He expendng the chart
ty OF friends, and he might as well be sent 10 the pen-
tertiary at once as 10 have hs case tired over again or
have il put o except far as his individual charac
Ter concerned These circumstances different from
those which involved ordinary II in the
power OF the United States utterly Cypress the defend
ami instead OF giving bin speedy justice. They deemed
their duty TO prosecute and the counsel OF the accused
could not nterpose beyond their power. Ii the govern
would say would not try this again. then he
would consent discharge The jury. So far from the
anment of justice by new trial, anything else must be
The result
The CouRT said that in this case The sole inquiry was
whether not the jury were ever likely 10 agree. With
the consequences he had nothing TO do. They must
take cafe OF Themselves
Mr. CARLISLE supposed that 10 considering this question
i proper TO look the surrounding circumstances
He bad known lufes kept out for two weeks In civil
cases-one viii case he especially remembered. When
the jury into court II was found that only one man
the cause OF the disagreement and the probability
that had the jury been kept out Tor day longer
verdict would have been rendefed
The COURT said that IN where there were i've or
six side the other, and one oil them consented
10 verdict, the others inclined to follow.
Mr.. CARLISLE recollec'eda Gaze shortly after he came
To the bar, tat Individual, alter keeping the Jury out
five six days. would not agree 10 verdict, and com.
planned that be never eleven such obstinate men IN
bis life. [Laughier]
dict he would keep the jury longer togeher but he was
satisfied The time had arrived for the exercseoi the dis
cretion of the court
MIR. CARLISLE thought the Jury ought not TO be dis
charged until the other up Tor trial.
The DrsTRIcr ATTORNEY had expressed his willing
ness TO discharge the Jury on yesterday and the TACT
that the jury had been together another day without be-
ing able agree only confirmed him in that disposition.
The CouRr always liked TO act with the consent OF The
counsel on both sides Il teont be had bu II i could
not be had, he was bound TO decide for himself He
would have been grali6ed bad there been agreement
on both sides TO The discharge OF The jury
Mr. CARLISLE mus, say, be believed seriously that
nothing more dissgeeable 10 him, personally, than
the withholding OF his consent Tor the liberation OF those
gestlemen who have been occupying the position oil
prisoners and who suffering prIvaions, and annoy
anees and losses in busiDess But he should have cheer
fully assened had not this been where counsel
have not right 10 subject their client TO numerous
vexalions and enormous expenses OF another such ral
Looking al The matter del beaiey, and aching under
sense oil duty so FAR he had right TO demonstrate
against The discharge of the jury, he would do Hav
ing thus expressed himself il was for The court 10 say
VIVA, due 10 public Justice. he left the matter 10
the discretion of the court
fhe CouRr said it was discretion from which be
could escape and looking at IL with all the he
could give the subject he had come To the conclusion
that useless keep the jury together any longer.
He there 10 take that the laws duly admin
stered They all had 10 bear The burdens oil society.
This is heavy burden, but i, is ha, falls the
community, not exactly like the raip, on everybody.
The CoURr then directed MIR. Henshaw TO bring the
Jury into court.
The jury having been brought into court, Mr. Middle.
ton, the clerk, asked, Gentlemen have you agreed on
a verde, |"
Mr. T. Magruder the foreman, replied We have
not. and could not If we said oot until Christmas"
The CoURr l am sorry that you have not been
able TO agree verdict, considering the length OF time
occupied in the trial OF this but suppose there is
no earthly in keeping you longer together. have
felti my duty TO refuse my consent to your discharge
heretofore; but alter rejecting the matter with care
and deberaion have come 10 the conclusion that the
tune has arrived when the court ought TO discharge you
You are, therefore, gentlemen, now discharged.
The court shortly afterwards Adjourned
JHE LATE DIFFICULTY ON BOARD THE SANDMAN
rRlcATE SAN GIovASNIA communication received
yesterday by the district attorney from the commander o
the Sandman frigste San Giovanni, expressing his
IRENE regret al the liberty taken BY OF the sailors o
the rgste in carrying off to the vessel Fnnch, The a
ian who kidnapped by them while upon the Battery
AT The lime OF the commission OF the high handed outrage
the commander shore, paying his respects 10 the
mayor and returning TO his vessel he al released
the prisoner He desired the district attorney
init copy of the letter TO Mr.. Fanchi. The complain
ant, receiving the apology expressed himself satisfied
and will urge the prosecution against the sailors No
person left in absolute command of The vessel the
time the captain was shore. The district attorney
yesterday addressed note TO Justice Bogart requesting
him discontinue the proceedings against the sailors
who were implicated in the offence The circumstance
OF this difficulty fully published by the time OF
It's occuuence.--N Y Tribune
Tho Raatop pos The .esc,o.s al tle Salnnon