The New York herald., 1870-01-30
You have subponssd the Witnesses in the case ),

q. you have ssbpnnasd the witnesses IN sno case e
q. nsse you any bets pending with refer .>ncs %
ooT, Hsvs =; vou nm made & snys A. No, nr.
q DIDN'T you propose last night to n axe eae, A.
Not e On my yoa s%ssr Sst you aid not
al nv Judgment did NOT. my '0s'
o 6ia iou go % see man m1 Il might ~ the nams
s.. nn no. sSu not msss
made bet on the suoIe> >H.
O You are postlve. n o. tnsti 4. Yes.
q why were yo9.not positive beaore' A. Positive
q asked yod moment ago II you had made q
sos know @ snas you asked me thai question. .hsar
you asked me tho question II proposed to make .
q. Did yoa propose to make one, A. Motto the
best Of nv knowledge.
O. You won't say you did notf A. Well, to the
witness further stated that he was heartily in
behalf
MT Spencer-You are something more than
friend 10 hims A. Yes.
ney witness stated that he formerly kept boarding
house In New York for sailors, policemen or any
body, IN fact who paid him.
The defence here rested, and the case was closed.
hour.
The court reassembled at two O'Clock. when Mr..
spencer commenced TO sum up the case for the pr-
S0ner. HIS argument consumed fully two hours in
delivery. District Attorney Norris argument for
sx O'Clock before Judge Pratt began to charge the
jury.
THE CHARGE TO THE JURY.
Judge Pratts charge to the Jury was quite
lengthy one. He stated the law with reference to
murder and alluded to that portion OF the testimony
relating to the man whom q number Of the VIII
nesscs swore they had seen pass down Furman
just after the report OF the pistol ut HRrbecks store
was heard. There were SIX or seven OF these wit
n N no oaon hot uaou and
while none OF them identified him as the prisoner,
three swore positively that he was not Perry. II the
The Judge charged that intOxlcanon would not be
considered an immunity from crime, but the jury
might take the question into consideration In max
ing up their minds As 10 the motive. Upon the
evidence the jury could nnd the prisoner guilty OF
any OF the various grades, but they must not COM
promise the evidence and only base their verdict
upon 1t as submitted.
THE JURY CANNOT AGREE
The jury retired shortly before seven O'Clock, and
at quarter to nine O'Clock sent word TO the court
tnat II was impossible for them to agree upon YER
dict. This fact soon became known throughout the
Court received another communication from the Jury
stating that they were unable to agree and at eleven
O'CLOCK s % they were brought INTO court
The Cerk-Have you agreed upon q verdict
Foreman tMr. Harteau)-We nave not, Sir.
would state that we are 80 nearly divided end the
jurors are 30 deotded In the opinions they nave
formed that It viii be impossible for this jury TO
agree even II we were kept out the remainder Of the
month We realize the position that we stand In and
the responsibility that rests upon and tne desire or
the Court that we should agree upon verdict II
there IL any possibility or PROBABILITY Of our agreeing
would certainly state It to the Court but the num-
Der Of votes we have taken and our proceedings
our agreeing.
Judge Pratt-Is there any question Of law That
divides your
Forenlan-No. sir; there has been no point o. law
lnat mas neen desired TO be brought before your
Honor for explanation.
Juoge Pratt-The Jury need not state ANYTHING
that has taken place In the jury room, but they viii
answer this questi0n:-Has the Jury made the first
step towards arriving at q conclusion In this caseY
Foreman can't say that they have.
judge Pr8tt-Is 1t the fixed opinion OF the Jury
upon their oaths, that matter how long time
they are kept out 1t is impossible for them to agreef
F0reman-I believe Sir, that is the fixed opinion;
am positive OF IT,
Judge Pratt-The jury ought to appreciate Of what
importance this case Is.
Foreman-We have taken all this into considera-
tlon.
Judge Pratt-Is there any principle under discus
sion tnat divides the jury on which the Court can
assist thomY
Foreman-There is not sir. The evidence OF the
witnesses has been taken into consideration, and
the jury base their positions that evidence alone.
The Court suggested That the jury should make
another trial. when the foreman suggested the pro-
priety OF having accommodations for the night and
over sunday II necessary.
The Court remarked that q communication would
De received at any time from the jury, who then
tired again.
They reappeared few minutes before midnight
and reiterated that they coud not agree whereupon
the Court sent them out again after charging them
upon several points, The Jury had not agreed up to
hall past twelve CLOCK thus morning.