The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-22
The Jury Disagree and
Are Discharged.
Ten for Acquittal and Two for Man.
slaughter in the Third Degree.
An Extraordinary Proposition by the Ten jury
men-They Offer to Agree to Verdict Of
Granddaughter in the Fourth Degree
and To Pay the Prisoners Fine
The Two Dissenting Jurors
Refusing to the Last.

The strange spectacle of Supreme Court in ses
sion on Sunday was witnessed for the first time In
Brooklyn yesterday, when the Court OF Oyer and
Terminer opened to receive the jury empanelled
in the of Fanny HYDE the alleged murderess OF
OF George W. Watson. The jury had been locked up
all night by order Of Judge Tappen, and when they
appeared in Court at seven O'Clock yesterday morn
ing they looked pale and weary. TWAS evident that
none Of them had enjoyed much Sleep They had been
sent out at midnight Saturday, after they had en-
phaticaly asserted that there was possibility of
agreeing upon verdict but Judge Tappen thought
that they ought to consult longer and ordered
them therefore to be confined for the night.
Judge Tappen and Associate Justices Voorhees,
and Johnson were on the Bench yesterday morn
ing. Notwithstanding the early hour and the Sab
bath day, there were many persons in the court
room anxious to learn the result of the jury's de-
alterations.
The foreman, Mr.. Hugh Allen, stated to the Court
that they then stood just the same as when they
first went out, and that 1t was impossible for them
to agree upon verdict
Judge Tappen inquired II there were any further
instructions that would probably lead them to a
conclusion.
The foreman replied emphatically in the negative
Judge Tappan said that this was important
case, and he had deemed it his duty to keep them
of their agreeing, he discharged them.
They were out twenty-nine hours.
IN THE JURY ROOM
1t subsequently transpired that ten of the jury
men were in favor of acquttal and two in favor of
rendering verdict of mansaughter in the third
degree The latter two were Mr.. Allen and Mr..
Tapscott. They adhered to this to the very last
The ten, il Is said offered a compromise on man.
slaugter in the fourth degree, and said If the two
would agree to that verdict they among them
no q RI nrtcnp
fine. The penalty for the Otfense is either fine or
Imprisonment a The two inrymen peremptorily de-
clined to agree to anything OF the kind, and adj
hered to the stand taken by them to the last.
A REMARKABLE TRIAL.
Thus ends probably the most remarkable and in
teresting trial that has ever taken place in Kings
county. The cases OF Radtzky, the Spanish MUIR
derers Gonzales and Pellcier, Edward Perry, the
assassin of Private Watchmen HAYES and Yates the
murderer Of Policeman Curran-all excited great
deal of public interest, but nothing like that felt in
the case of Fanny Hyde. This was District Attor-
ney BrittOn's first murder trial since he has held the
office of District Attorney He was opposed by Samuel
d. Morris, who has had great experience In murder
trials, having been once County Judge and for nine
years District Attorney. The prosecution was con-
Quoted in dignifed and able manner, and Mr. Brit
TOMS closing address to the jury was considered by
members Of the bar one of the most brilliant eff
forts ever made under such circumstances. Mr..
Morris was assisted by General Catlin, Thomas +.
Pearsal and p. Ready. His examination of med
cal experts and his address TO the jury showed pro-
found research.
WHAT NExTY
yesterday after the discharge of the jury. District
Attorney Britton will try her again at the next term
of the Court, in June. In the meantime effort
viii be made to admit her to bail. To-day her coun-
sci will make an application to have her released
on bail until the next trial. Counsel both sides
have been taught great deal by the experience OF
this trial, and 1t Is thought that the next will be
fully as interesting az the first has been.
THE TWO DISSENTING JURORS
are Hugh Allen tthe foreman and James j. Tap
scott. Mr.. Allen resides at 1S9 Harrison street. is
shipping merchant and married. When
examined as to his competency as juror he said
he could render verdict according TO the evil
dence. He had no bias and no conscientious
scruples against capital punishment.
Mr.. Tapscott resides at "a Columbia street, is
shipping merchant and unmarried He had
scrnples about capital punishment and preferred
that some else should serve. He had never
served on jury before, but he could render YER
dict according TO the evidence.
TEN
remaining jurors CIV. w. Rouss, 1o4 Court
street. Martin J. Cooley, 515 Henry street; Charles
r. Boomer, 81 Devoe street; Henry Hewitt, 295
Eighteenth street; Charles G. Curtis, go Henry
street; James NJ. Rowan, 555 Pacific street; Jacob
II. Brown, 2l2 Wilson street; John r. Dayton, 1865
Schremerhorn street; Alfred Armstrong, 247 South
Ninth street, and Mr. Creger