, 1863-11-01
CLOSE OF THE MFERNbL Ma
CHiNR CASE. =.
instructions ofthe Court.
VERDICT OF THE JURY.


Joseph Knox, Esq, the Prosecuting Attorney,
the forenoon session Of the Recorders
Court yesterday, In summing up for the people, in
the Internal Machine case. i1r. Knox Ia an advo-
cats Of great sh.owdnesc, forca and cncrgy, and
bis Argument WAS powerful and Ingenious. What.
ever others may think, the prosecutor for we are
greatly rnistaken) believed that the secret Of the
Internal machine lsy In Hodges breast. and he
stsove with Ill his might to impress his coavic-
tons On the jury. He c1oaed about noon, and the
ease went to tho jury upon instructions from the
Court, Of which ~ pass BY themore general ones,
proper to bogisen In all Casey Of Indictment for
assault with intent Al, and Quote only those hAv-
ing peculiar bearing nron tho facts In this eaae.
The question for tho Jury to dctermiue upon the
cvi:ence in the cause 10, whether Au assault was
committed BY d. fendaat upon Stephen II. Whip.
pie. In the city Of Chicago, with intent to mnrder
hla'. stephen II. "hipple, as alleged in the indcs-
TO atiye It the conclusion ., to The Eutlt OF u.
noe. nee 2: the prisoner, The jury VII take Into
lttes tcalled the letter Of waKninE). and al the
other facts and circumstances in evidence in this
cas-, and II the Jury from all tho facts aud ciEcam
tt7nces in evidences In this case have any reason
jurJ will acquit tho defet dant.
The Court instructed the ]urJ that In their de.
liberation AID COZ HrtAaou In this cAeA they must
wholly exclude from thelr minds al m8t&ee touch.
Ing tee anonymous 1etter handed to juror, that
there @ III y no Legal 81 e,ideace @ connecting he tame
whatever On tho guilt Or Innocence .of tho ac-
cused.
Tbat the mere possession By Nehemiah Hodcc
of articles similar to or corresponding to those,
used In the construction Of the Internal Machine,
and uncoE nceted with other circumstances, does
ed Ssgs Ct esy m re ~
the possession OF Hpon the pre1nsee OF the defend
ant 10 conceal bis own guilt, or unjuskly to dx 4
elprgc OF guilt Upon an Innocent man, un1ess there
fr7
with euch oes-sston o. other evidence tending to
prove guilt the jurJ must acQuit The defendant.
Afser tie Jury had retired the general Impress
ions that had been produced BY the progssas Of
the trial began to maniieat themselves among The
aultence that remained IN the court room. This
was quite numerous, and AZ his Honor Judge Van
Durn hid si2niasd to the jury, that tho cours
would rot adjourn, but would b ready at any mo.
nent 10 receive their verdict they determined 10
cit out the contamination.
Expressions Of " what are they ont 10 long for
"shonld'nt s1ppose they'd be gone dse mt71tes; .
"they need not hare LETT the box;" "rhat a.s
the blockhcads waiting fo:," might DO hea ID In
half whispers al oyer this court room. We neve1
knew Of casa involving the same amount Of eyl,
dc1ee, where tho outside jury seemed to be 70 en-,
tirely and hea:t0y agreed. The unmis:1k4b1e
opinion Of that portion Of the p1blc who had paid
attention to tho testimony was expressed In the
words " not guilty" md theonl dfncultJ In prov
ing this would arise from the lack Of those exoep
tioDa, which 1ogicsns ssy are Indispensable to The
complete establishment ofany general proportion
But Apite Of the unanimity &nd inpatiencs Of the
lockers On, the jury remained out, one-s"oth1c
hou1s md finally sent In to the coEt request fol
u,o.e particular Instructions on the legal p1opo
aitions invotved in the case. By consent Of coun
tel tho court gave the instructions Asked foz in the
following language:
Tho july having requested from the cou.t fur
thes Instruction, ~ to neither tho reception Of II
instrument OF boz 81 charged, ls or ID not an ae
saalt within the statate Of Tie state of 1ntnois.
| from the evidence in this caee that written o.
printed notice was sent to Stephen II. Whfpp1e he
1oss hs I teee!yt3 sss no5tbss such notice IN
acter Of the bog, and that aaid NhiPpla teeel!et
such uosca before he received the box and II TIL
hs & poss ssa s1sa .
Voluntarily st VIII ~hese ,hs box vas md aid 10
g aaasl ssa vi %nppe - ses fo oa
the Indictment. But II the jary believe from tn
evidence that said Whlpple did receive tho bo1
| eeption Of Tho toI IN Chicago was an aessult.
The bearing Of this instruction On the nns1 re
suit Of tho caee was 10 unmtstakabl3 obs;ons, tha
Just al the court nntshed reading 1t, rome specta
tors outside tho bs-, !ndulged in the gross impro
psiety of An outbu1st Of noisy applause for whtcl
tte3 were rebuked BY the court. With great but d.
served seyeslty. Aboot ten minutes amer the La
instruction waa given tha jury came in with Ee1
| DICT Of not GUILTY. ~
! It IL true, thas the Last instruction relates to
technical point, which, in itself, would seem t
offer an tnsupezable obstacle to the conviction Q
Hodge, even hid ht6 guilt. In 3 moral point q
view, a. the author OF tho Internal machine, bee
considered a. satisfactorily established, and tha
the SezdIct Of .not guilty" was not hual'y ser
dered until this Instruction WAS given. But v
a1s i1fo,mcd that tho jury on drst retiring stoo
eight to four In fsvor Of acquittsl and we n
certain that the general opinion dtduot lcqalt tn
actnsed Of tho technical crime merely, but d.
clared him Innocent Of al howlcdgo Of the faie1
nal machine unti1 aiter it, explosion On the pic
l $nf