New-York daily tribune., 1857-10-02
T1w INTELLIGENCE.
.,,,rR OF EUGENE ANDERSON.

e..,,-;,, Of Micbse; Cehceni, who 1as Indicted
:, led murder OF Eugene Anderson, was m
wv II O'Clock yesterday morning Jory TALL
- % .eree upon verdict.
y.s,s Roos, volt appeared in Court q. the u'oa,
80, sne sooa after the Cout was formally openeu
g. tbs Officer, Judge Roosevelt announced tnat u''
.,.se,oS wss required in .he General Term ., .l,s
Srprerce Court where, on account OF tae i'p aaoo
Of lie case that was to be there ergaea t The fnll
slsye case, Il was deemed advisso'o ' I .ba case
hsrcb Of five Judges sit on the heanpg; lu Lod re
vhca as on trial before him, he ssid tna'
osyed Communication from the jurors s a. Tt, s.1:
To Ra Hero, ne Jadce Of cgse Csnc,mi Are still
Inc @ Tte e,,c hs. received their fa ana oa,eu, @
Odsoo tr. since ,hs S So, pent five minutes IN dis
h.nt ss II ,be evidence in the c..s H. tF nd.
s1sI ths the Juo,' s.s s.Sse Under these
s1 G depyet poT'G1', ,bs MeeI ne thew
,eu honor consider the present embarrassed state
oramgr and eoS s.ssIS yoa TO & their ew
sir 70 Tie prespt ;ryS horr some OF them are peou'S
- tuIo, has member Of his f.- ily extremely .et
srrra The care Of physicians and his sbsencs rom m
sny Us day an event OF extreme anxiety ana
sssce ~. booe that the considerations mentioned we'll q;
hny ota, "an, m ,ss isvoraby their condition. and they
~ -. s most respectfully ask your Honor 70 rehe'e 'nem
reg tSe'f Pre''s' ran'0i BAILEY LANG Foreman
HAVING read the communication, Juoge isooseven
ala thuf having formed an impression after TWO Gays
onfnsuerts e9 Jury that tuSie was ~ SS, no poSs,
STLS 'nT a conclusion that il would not be proper
"a kesI toem together longer; but, not wishing to
rsly wnoiIy upon his own opinion 10 the matter he bad
ui,oitfs6 s conclusions 10 the other Jadges of the
S,nrcsne C1urt . take their advice, and they had
fiy ccDcs tred the conclusion to which he hsd
rycd e. 1e stsied this, in addition TO the consdera
ton. 'b't yo.e expressed IN tae communication OF
he yo7' being reasons why the request 'h0uld b'
Nr. Hsl asked il he understood the Jury in thei
cowmuiaton to say that since 3 o'clock yesterday
tey had had 20 discu''lon upon the merits of the
1Judgs koosevelt-None upon the evidence.
Mr.. Hsll-Thep / should be doing injustice 10 the
eomEunity to AK that such Jury be any longer
,Sge Roosevelt--I must cay, gentlemen. that the
Jury whioh hiss eat in this presumed TO be in
ssIiespt men. who have minds of their own they to-
gether with the Judge, form component parts of the
Cont and think they entitled to proper defer
ence In their conclusions, whatever they may be,
when TIE Court has no reason to suppose as ia this
mstaace that they are actuated by improper motives
Tie Jufy seem to be an extremely intelligent body OF
men, Ihaye sed ,m seen in this jury-box those who
we're more co. and it not for to attempt TO force
them to conclusion; would suggest ho ~ever, as it
may save Q great deal of time (as the issues by the
course that was taken by the counsel for the defense
"a narrowed down to mere moment of time aud
very space that ii there s to be another trial.
,rhioh suppoee there must be, 1t should be had i'm
.1o6iase sely.
" Hall-It would be almost impossible to do 80.
There must be time given for the subsidence of the
popular excitement upon the subject The papers
have flooded the particulars of this trial all over the
community, and they are fresh in the minds OF every
body.
Judge Rocsevet-It will be seen that there is moth
ing in issue, except as TO what took place within
period of very few minutes. 1t is admitted by the
tovese for the defense that the prisoner was the per-
.on Who ran, and who was traced through these var
Gus stree Is until he reached his domici, aud that he
vas the erson who entered tue house in that partcu
lar way Was there was there not on this occasion
any other persOn that spot, who by any evidence
.hat can te introduced couli BY any likelihood be
shown to be the perpetTat,r of this deed The issue
IL narrowed at once to tnat single point.
Mr.. Hall-The prosecution has never hsd a case
which has required more time to collect the evidence
Tbs alleys and streets slong the route through which
the prisoner ran have been fairly swept to get at all
the faots.
Mr.. Blalkman--Yes; have no doubt they have.
Mr.. Hai-But there il no question before Court
except th:, Of the discharge Of the Jury cheerfdly
concede the request.
A messenger here arrived with note to Judge
Roosevelt.
Judgo Roosevelt later rea1irg the nOtel-The
Judges in General Term have cent for me, and wish
ny stepdauce with them below unless am necessa
Nv de,a;nt here The officer will therefore bring 10
the jury.
At I0l O'Clock the Jury came in and took their seats.
The Clerk proceeded TO csll their names, ~ which
they severally answered
Judge Roosevelt said The Court has received your
a.nounc einent gentlemen and participates 10 the em
bsrressu ant Of your pOsitiop. Before receiving 1t,
lad spprchended that some such result would follow,
and this morning having heard tina. you did not agree
submitted my conclusion to two OF my colleagues IN
the Court below They both concured in the conclu.
zion that had arrived at, which was, that it would
be useess and perhaps, injurious to attempt to force
you any longer III be called forcing, by keeping
you in conhnement in arriving at unanimity, whi,h
you unable TO attain by the ordinary course OF
tltnt.., oil IN
have been very desirable that the case should have
been fnsy disposed Of on this trial but there un
doubttdy, in this ife things which are morally as
we'll as pb! scay, impossible and it is not to be sup
posed That the minds OF men can be forced to
agree. The system that prevails here, unlike
that which exists in some foreign countries, re-
quiIts absolute uDanimty in the conclusions
Of the Jury In some countries concurrence OF niue
out cf the twelve Jurors is only required for verdict
ser they have been out certain length OF time; but
here we must have absolute unanimity Of opinion, in
sccoIdarce with the requirements Of the old common
law Under these circumstances, although we see the
VI the same tine We sympsthizs With you in the in-
convenience that you must have experienced and
have 10 thank you for the impartial and laborious man
ner In which you have discharged your duties; only
regret that you are unable TO agree upon verdict.
You ere nov discharged absolutely for the torn,
should the Court deem it necessary TO retry this cause
during the tenn another Jury will no doubt be called,
AZ rre sume 4 would not be desirable 10 bring the
issue he fore you again for further trial.
Mr.. Lang the foreman, stated that he desired to say
few words in behalf of his fellOwuror which they
had requested him to do, ard which he would cheer
fully concur in being the expression Of hi. own feel
ngs. Although they had been rather hardly treated
BY the iioes who cut them of from all comnanlca-
zion between themselves and those outside, and from
al information yet they wished TO return to them their
sincere thanks for the Kindness otherwise that they
had mantle sted. Whenever they had expressed any
deste for any necessary comforts they had been cneer
folly afforded.
IHE coNSCLTATION OF TIE JURY.
The Jury retired after the charge OF the COurt az
O'Clock on Tue sday night. apd at once proceeded 70