The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-10

his statements; and he answered all these questions
IN the negative, instead Of declining to answer
ITEM, o. hS might have DONE Picroc hiss been i'm
tisely contiadicttd by Evans. 1t Ia your duty to
oecioe between the two. Unless you think that
Pierce L. worthy of belief the Of adultery with
Evans 10 not made out at all. The other offence Is
ancient In is date aDd IS alleged to have beea
mite at Harpswell II is said that Dr. Heart veil
and Mr.. Walker were intimate. That intimacy, as
WILL ss bis riding and wa king with her. paying her
unusua attentions, AID also Heart wells having
been seen with his aruuud her waist. are proved
by The EatODs. This is the extent OF all tho acts
proved through four five years. the part Of Mrs.
Walker. All her associates and friends Who werc
never saw any act or beard any word If improper
familiarity pass between her and Dr. Heartwoll. In
connection With this letter has been real 70 you
letter OF an unusual character for vito to have
wr1tteu-l may say an unhappy letter. But how
ever improper to have written such letter-how-
ever great the impropeties st Harpsw veil may have
been ssi you must go further aud be satssded that
nm ofeDce was committed, and be moreover satisfied
Of this fiom the evidence before you. These cir
cunstsDces must be taken into your consideration,
but tey must be taken all together. Though an
act Of folly may have been committed, this q not
eufhcient; yUu must be satisfied Of tho adultery.
have nothing further to say. This finishes my duty,
and hand over the care to you with the perfect
conviction that you viii render such verdict a.
will he consistent with the facts Of the case.
The delivery OF the charge occupied about three
quarters OF an houf-the jury retiring ut twenty
five minutes To two o'clock.
after having returned once to learn the meaning
OF the term Combination" the court sent for tho
jury at six o'clock P. NJ, and asked them whether
they cnulu aRree upOn their verdict.
The Fcreman-Wo cannot agree
Bis Honor After the consumption Of three
weeks In the trial Of this case, do not feel at lib
eity to discharge you. II is an important matter
that this case should he decided according to the
evidence, end You have, In all probability. before
you now all the testimony that can be produced II
i in m In date ninfo
upon which yos are in doubt shall be happy to
do 20.
Juror-The jurors all seem perfectly decided
now.
Another Juror-I should think It morally impos-
sble for US to agree, five were kept locked up for
year.
His Honor-when you do agree, you, can write
A JurorEwe should like to have the notes Of tho
evidence, and look them over again.
His Honor-You may have mine, If the counsel
on both sides agree to 1t.
Mr. 6mith--We consent.
Mr.. Busteed-I cannot agree without knowing
what notes your Honor hss taken; bat have no
objection that my own notes, together with those
taken by the opposite counsel, should be given to
the jury.
70 this the parties would not consent, and the
jury retired again.
At halfpsst O'Clock, the jury being still unable
to agree his Honor ordered them to be shut up for
the night, and adjourned the court until Sunday
his morning.
SEVENTEENTH DAY-N0 vERDICr-rHE JURY DIS.
CHARGED.
SUNDAY, July 9.-The Court met ct nine o'clock
this morning, for the purpose Of receiving the yer.
dict Of the jury, if they should 10 prepared to rem
der one. Unfortunately they had not agreed, and
having taken their seats,
The Foreman said-We are mot exactly agreed.
We have taken up the four points in the case con-
secutively, and are all unanimous in our opinion,
with the exception Of one dissenting voice upon
His honor-Can / give you any information on
that point7 It has taken great deal Of labor and
expense to try this cause, and do not feel justified
in dl,charging you, as the case has probably been
"A Juror-What evidence Is necessary to prove
adulteYy7
His Honor-The evidence must be such as to So
thy reasonable man that the crime of adultery has
been committed. It is not to be expected that the
actual fHct of adultery should be proven; the info
rences must be drawn from attendant circumstances
You must. however, have reasonable certainty
that an act Of adultery was com mtted; II You have
doubt about It, the benefit Of that doubt should be
given In favor Of innocence.
After some further explanations were given by
AJuror-- Can be protected against personal
violence from the rest Of the jurors : daughter
among the jurors-)
His Honor Certainly
1nc jury tnen IetlreO, ana returning IN 6DOut An
hour asked his Honor to read over the evidence Of
Senator Evans, which was accordingly done, and
they retired again.
At halfpast twelve o'clock, the jury returned,
and the foreman having stated that there was no
probability Of their agreeing they discharged
by the Court.
We understand that eleven jurors were for the
plaintiff, and one for defendant. The eleven have
signed the following
The undersigned jnrors eleven] say they find for the
plaintiff on the whole Issue In the ploadinGn.
J. N. Marsh, Thos Chalmers,
Asa rariing Samuel Cooper,
OlivsrT warden, Johns. Hsdley,
A. D. Clark, Anton l. Bohle
John Ogden, A. W. Martin.
j. H. II. Cushman,
Dated New York, July 9, 1884.
Tho undersigned [eevsn jurors In the Of Catha
rine y. r. Walker against Wildes p Walker would
speotfuy say that after careful deliberstion of the
facts shown the ead trial there nothing to show
that she 10 anything but high minded pure and virtu
ous woman and they deeply sympathiae with her Ia
that the deepse opposition Of of the jurors should
deprive her Of her just and lawful rie hts
Andrew d. Clark. Oliver 7. Wardell
JIM Narsh, J. H. II. Cushnmn,
Thos Chalmers, Anton 1. Bohle,
samuel Cooper, Asa T. Darling
A. w. Martin, John 8. Hadley
John Ogden,
New York, July Q, 1854.
The Wall Street Affairs.
HARLEM RAILROAD OFYrCE. July 3. 1854.