The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-09
THE SLEEPY HOLLOW HORROR.

Disagreement Of the Jury--Extrao ordinary
Scene In Court-Judgo Barnard's opiniaa Of
Westchester County Justice-An Obstinate
JurOr-IIc Refuses 10 be Governed by tho
Inv or Evidence In the Case.
Despite The exhaustion and laborious nature OF a
trial which occupied days; despite The incon-
troveriiule proof OF the prisoners RESPONSE.
bity TO the law for his crime; despite
the eloquent ana overwhelming argument of
counsel for the prosecution and the lucid
charge OF the Court. Westchester county jury for
the second time has, through some at present.
occult means. failed to agree upon verdict In the
case OF the people against Isaac V. W. Buckhout for
tie murder OF Alfred Kendall.
After iaving been locked up for over thirty seven
hours the jury. being brought into court at nine
O'Clock yesterday morning, announced through
their foreman, Richard - Gray that they mad not
agreed upon verdict, nor was there the slightest
prospect or their doing so; that they had labOred
necessarily from the time the was submitted to
ment upon verdict as Impossible, by reason OF =
A CERTAIN ELEMENT
OF opposition manifested ana that the said element
was OF such nature as 10 preclude the possibility
OF their bringing In united verdict; that they had
tried hard to accomplish that object but their efforts
Having inquired whether any OF the other Jurors
desired TO offer any further remarks on the subject
10 q satisfactory close; the cause had now been
twice tried; that it mad already cost the county
about $4,000 to try the case that the question TO
be decided by the Jury was q simple one, and might
be easily arrived ut II the Jury approached II In the
The foreman again arose and addressed the Court,
stating that IL was
IapossIBLE TO CONTROL si
the element to which he had previously alluded,
which, II ne were permitted. he could easily OK
PLAN to the Court, aud clearly demonstrate thai
Judge Barnard replied that he had been placed In
ms present position to see the administration Of the
law carried out ana that duty he must perform; and
CANNOT RELY UPON JURY,
II looked bad for Westchester county. What he
asked to be the end OF itY lie could see no way
to secure the proper administration Of justice II
trials OF this kind are to end IN such results. It
seems 10 me- he continued that there can be no dlf-
iculty IN arriving at proper conclusion In the mat
ter: do not Indicate 10 yen what that result ought
to be. the Court wants sworn verdict. You have
all sworn that you rad formed opinion OF your
own that you mad no conscientious scrupes against
rendering a righteous verdict that YOU would not
allow any considerations to influence you In your
action. might have smut you up without allowing
my course. You are drawn from the
most sna negsnt citizens q n
hands. shall be compelled to 90 home to-day, AMI
II you shall fail to render verdict by the hour OF
my departure, the Court will be adjourned until
Monday morning, and until winch time You
MUST NECESSARILY BE LOCKED UP.
Here the foreman made an earnest appeal to the
Court against such decision, remarkIng thar
two Of the Jurors (himself one Of them Were too
III W uIlueTHO suCH OTUedl us lIal lDtlHldteu Uy
the Court, and should 1t be enforced the Immediate
attendance Of physician would be necessary.
Daniel II. Miller, another Juror, addressed the
Court Us follows:-lt may he right ana proper for
me TO mention one fact. The deadlock which the
jury has arrived at Is not dependent either on the
laws which governs the the evidence adj
duced. We could soon make the Court understand
THE WHOLE DIFFICULTY
experienced IL permitted to do so, which involves
neither the law nor the evidence I'm the case.
To this Judge Barnard remarked that If such was
the case It was sorry day for the town. but that he
would rather not credit the statement
Another juror George X. CARROLL remarked that
the observations Of Mr. Miller did not embrace an
exact statement OF the case: that II was the EVIL
dence; but he was confident that the difficulty
could not be overcome IL they the Jurors) remained
together for month.
Judge Barnard then directed the fury to retire
again, giving them TO understand that verdict was
expected az their hands. From some information,
however, which, 1t Is believed the Court obtained
the utter hopeessness and IinpossiDilily
oil obtaining verdict, the Jury were brought into
court about noon and discharged. As inilnated
In these columns yesterday the jury stood eleven for
and one for acqu!ttai.
The result has occasoncd the most intense indiQ-
nation among nine-enths Of the citizens throughout
Westminster county