The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-01
THE CASE or THE PRlvAIEERsMEN.
Disagreement and Discharge Of
the Jury,
&C., &C., &c.
Eighth Day.
UNITED STATES CIRCUIT COURT.

hon. Judges Nelson and Shpman presiding.
OCT. 3l-qAs Uassed States Is. Thomas Harrison Bake,
and t'oei'e Of the cree q the rrraer Sarnna Tho jury
who had been IN elaboration all night came into Court
at twenty minutes past eleven O'Clock. The OF
the prisoners were called and the jury taking their
seats
Tho Clerk saii;-Gentlemen Of the jury, have you
agreed on your verdicts
Forenan-Nv, sir.
The Court-is there any prospect Of your agreeing?
Foreman. sorry say no prospect at all
chat We can come to an agreement.
After consultation with Judge Shipman,
Judge Nelson iqiel-Is the opinion expressed by the
foreman that Il thu other jary men?
IN the Affirmative.
that way so far we have gone there does mol seem
70 be any idea o. coming together at Iha only idea
Of coming 70 Judgment would be thai some OF the uros
we think do understand the charge They Thu they
DO, and we tink they do not 1t for them 10 say or
not, whether they uaae stand tho charge correctly.
To this Implied invitation 10 the Jurymcn To express
themselves there Was no response.
Judge Neiso!--l Inc Court supposed that there would
be any fair reasonable prospect your coming to an
agreement would DO to direct you retire
pursue youi Consultations further But appca to be the
prevailing ad general impression Of the jury that there
d no hope OF your agreeing You have beon toge
about twenty hos, Fna unless there Is expression
from the jury that there is possibility probability
that they mas aglee are inclined not to deian you
longer
NJ. Costello "a Jufor)-with respect to the Court,
think there is NC likelihood 4 our coming to agree
mcnt.
Foreman the Court viii allow me- after the instruc-
tons got yesterday evening" at the instance many
OF the Jury, stand just IA tne Same position stood
when we ss,t your pleseaue The last time.
Jacge %esoii--lhe Court, then, viii discharge you,
gentlemen.
Tbs Court onte "a an ordcr remanding the prisoners
and as they about beng removed
Mr.. Snith lisrict Attorney said IL desire, IL the
Court please, h gvc in the case vi tho Savaa priva-
teers, tleif t al tic very earnest Gay cosstent with
the eugagem a the Court ana Of te CoInsei engaged
Tor the defence and would name week IRON next Aiun
ray as Y viii, PROBABLY be necessary TO Issue @ or,er
fof new rseei 2. rars t,.-a II your Hono,s ulsase
the cause u ab; ,sce Of the government require
an early trial
Judge Nels,G--so far as am concerned : can only
remain unit ~ .ot o November ana tie business II
tne court II spcl tAaS lie trial cannot take pace while
am here, as most levUtc the VI my time TO other
Causes
w. Snth--Iia. the motion for n new panel will be
reserved unit what time IL will DO possible to
bring the
Mr.. Lord-Neiole that application shall be seriously
entertained D. Court, would like IL be heard upon
the sabJe" VIA lay io.hing now became IL is very
eyiaepi T. se4not te diScusscd at this time.
Judge Neson--Ine ccul Sci may assume that cannot
take up the soond ai duAihg the present term. They
may act upon hist view.
The pfisoLoia then r.manded in the custody OF
the Deputy MAJ slas
1t Understood that there eight jurors for
victon, Vi Tie counts and four Tor general
Quittai.
The counsel for tic prosecution in this memorable
case, which vii form poti OF the history Of the
country are Mr. h Icafed Smith, United states District
Mr.. Ethan Allen Counsel Tor the prisoners, Messrs
Daniel Lord. James 7. Brady, AgerIon 5. Sullivan
Joseph +. Dukes, Maurice Mayer, Isaac Davega, L. NJ
Barlow, e. H. ,. Boadoin ANA jeremiah Larocque.