The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-26

am not inclined to act upon the testimony Of lnen wno
confess themselves TO be what they ought not to be- But
the counsel has truly satd, man knows what the
truth h. in great majority Of cases, nstnctivey IT
gathered from circumstances and from the prin
cple 1t might seem, Of something like spiritual magnet-
ism. 1t very rarely happens that witness on tne
stand subject to the scrutiny OF careful
ton Ii he tells lie conceal it. You do nstnctivey
seem to know whether the witness is tessifying 20
genuine fabricated statement and in your hands Is
stances of the evidence. The second point lprinted
above) viii adopt too For the purpose Of the test
mopy, charge the third and ioarth points 100
The Eth point charge; it certainly Is not law
The sixth is sound law. The seventh l. law too The
eighthis also law. The ninth cannot charge you 90
not regard IL as law The tenth cannot charge you.
The eleventh cannot charge for do not thiIk il ap
plies to this ease, as the evidence stands give me
same negative TO the twelfth point have said as macn
negative t. the 1sth point have said all that sub
ject which deem myself authorized TO say. The four
Lockwood testified truly to the inaccuracies of Waring
before the Grand jury them as matter law Waring
DO e hare ha Il hat have d all on
had TO say The fifteenth point is, that the matter to
which Waring before the Grand Jury is materials
that if Warning is not to be credited there evidence
whatever to support the prosecuton that may be sad
essential points OF the testimony cannot convict thu
accused, of course.
Mr. Brady-The charge is concluded.
Judge Rooseyel-Yes sir; but do not mean to allow
1t to be argued further.
Dir. Brady do not propose to offer any argument,
opinion as to facts in the case except specifically to
your Honor charging that Waring was reluctant wit
Judge Roosevelt-The jury will weigh the evidence
that point.
Mr.; Brady-1 know, but except; and specifically e1
cept to each and every opinion which the Court has ex
ressed 10 the jury to the facts Of the case. We also
except your Honors declining to charge the points
have submitted, and to the instructions you have
given.
The jury being about to retire, Mr.. Hart Of the
jurors asked the Court for instructions what he should
remain out all night He had handed to the Court, two
mornings since medical certificate Of his being affected
by neuralgia which made it dangerous for him to be out
at night.
Judge Roosevelt thought it time enough to speak
Of that when they saw whether they would agree
The jury then retired, at half-past five O'Clock.
DISAGREEMENT OF THE JURY-rHEIR DISCHARGE.
At about twenty minutes to eight O'Clock the jury sent
message to the Court that they had not agreed an
that there was no probability OF their coming to an
agreement They asked to be discharged or II that
not granted they desired to have ref eshments
The Court enquired Of the counsel they had any sug
gestion to make
The District Attorney said it Of those matters
entirely within the Jurisdiction Of the Court. He sup
posed that they state under the soiemny of their n
that they cannot agree, he had no objection to their
having refrcshment.
Mr.. Brady had no suggestion to make; but he was
always opposed to starving juries.
The Judge-H is not pleasant is ii very agreeable
either the Court to be starved Counsel would recol
ect that one of the ur:rs was III there s medical GER
Hcate in the Court TO the eect that las sitting up at
night might be attended with danger and he says him
self he il ing pills every half hour.
The jury then sent for and being asked by the
clerk ii they had agreed,
The foreman answered in the negative.
The Court inquired il they all of opinion stated
in the written message which he received, that there
was no probability of their agreeing
juror said there not the slightest chance of
agreement.
The Court under the circumstances did not think that
the ends Of justice could be promoted by keeping them
.cgether and inquired of Mr. Hart he sick juror how
his condition was.
Mr. Hart replied that he felt the pain coming on.
Another juror said they had ballotted eix seven
times with the same result.
The jury were then discharged, and the Court an
nounced that the whole Of the present panel dis
charged for the term The court adjourned to Mon
day, in consequence of the death of Judge Morris,
which day there will be panel.
We understand that the jury stood eight for acquittal
and four for conviction.1