The New York herald., 1872-12-27
EHD OF THE IRISH. TRIAL.
The Jury, Unable to Agree, Arc Finally Dis
chargcd-Ten for Acquittal and Two for Con-
viction-Ferty-four Hours in the Jury
Room-Dr. Irish and the Widow
Anderson Admitted to Bail.

The jury in the Irish-Anderson poisoning case,
who retired on Tuesday afternoon and spent that
and ''merry' Christmas and the following night
in o room on the top floor Of Brooklyn's Court
House, appeared in the Court OF Oyer and Terminer
at ten O'Clock yesterday morning. The room was
densely crOwded-in fact, 1t was never deserted
either by day or night while the jury was out
In reply to the question whether the jury had
yet agreed upon verdict the foreman. Mr.. Alvin
w. Bell, said that they had not, and that there was
no prospect that they could.
Judge Pratt said :-"It was a very painful duty
for the members OF this Court to keep you confined
for 80 long time especially at this season, but it
was thought that in a case OF this Importance
and one involving 30 much expense that II large
keep you together until that majority might bring
over the minority. You have the consolation OF
knowing gentlemen that you have faithfully per-
others have done IN this very case. You have done
more In this case than Is usually required IN the
way Of jury duty OF citlzens IN the course OF hve
years, and you VIII be entitled to be excused
II you shouM be summoned again for long time
to come. You are discharged.n
1t transEired after the discharge OF the jury that
they stood'ten for acquittal and two for cOnvic-
tion-thc minority dssenters being Francis Hol-
broth and Ward w. Sweet. Mr.. HObroOk was re-
ported to have been the firmer OF the two ana to
nave aroused MIR. Sweet at time when the latter
JUDGE NORRIS ENCOUNTER WITH DIssENTER.
Ex-Judge Samuel ID. Morris, one OF Dr. Irishs
counsel, accosted Mn Hobrook in an excited man
ner and charged that he alone was the cause why
the Doctor was not Tree man. Said Mr.. Morris:-
'Mr. HolbrOok you have made false statement
here. You have said that at one time you stood
four for conviction and eight for acquittal. Now
assert that the jury stood two for conviction and
ten for acquittal. You were one of the two, and
the other one was wavering; and you alone are the
cause why DIR. Irish is not to-day, at this hour,
free man,
Mr.. HolbrOOk-Mr. Norris, who is your authority
Tor that assertion?
Judge Morris-One OF the jurors; he is not here
now.
Mr. Holbrook-Well, demand to know who that
runaway juror is. have right to know, charged,
as am by you, with having made false state
ment repeat what said, ana say further that,
as lar as know, there was no wavering on the
part OF Mr.. Sweet From the beginning TO the end
ne was firm in his conviction OF the guilt OF DR..
Irlsh
Judge Morris replied that he did not envy Mr..
Ilolbrook his position and that he would father
stand before the community as DR.. Irish did than
as Holbrook did.
h 1t seems that ballot the jury did stand four
for conviction, with an earnest recommendation to
mercy, and eight for an acquitta. Mr.. Holbrook
SO stated previous to his encounter with Judge
Morris, which was witnessed by large crowd Of
bystanderS.
DIR. IRISH AND MRS. ANDERSON ADMITTED TO BAIL.
Counsel for DR.. Irish subsequently applied to
Judge Pratt, in Chambers, TO have the Doctor and
Mrs. Anderson admitted TO bail.
District Attorney BrittOn said - do not consider,
under the circumstances Of the case and the way
the jury stood, that can oppose 1t. The facts that
presented in this case were all the facts have at
the present time, which deemed to be competent
do not think ought to oppose the application to
bail DR.. lrish A large preponderance Of the jury
were for acquittal. The jury was an intelligent
one. He has been
IN JAIL For SEVERAL MONTHS,
and don't think under proper amount OF bail,
that he would not appear on another trial. Under
these circumstances | don't think IL would be
proper for me to oppose the application. AS
TO Mrs. Anderson, / have to say that she has
been practically tried with DR.. Irish, ana the evi-
dence have against her, except Q feW matters
that have been introduced into the trial Of DR..
lrish such as the testimony OF Jackson, Mcguire,
Smith and Others which l could not introduce
against her, will be much the same. On that trial
she Will be competent witness IN her own behalf,
and her evidence would strengthen her defence; so
that In legai aspect the case against her Is not
so strong as that against Dr.. Irish, In that case 1t
would be unjust, as she is woman and in Weak
health, for me to oppose this application; and Ii 1t
were possible for ME to make any opposition do
not think would. think the people will be fully
protected If she Is admitted to bail
EX-Judye Morris thought that DR.. Irsh's bail
should be fixed at very low amount, and said
that he would be ready for trial at any time Judge
Pratt he said on the acts as presented, would not
convict and IL the defendant were convicted His
Honor would not hesitate to give him new trial.
MI. Britton thought this statement was out of
place.
Judge Pratt fixed DR.. Irish's bail at $4,000 and
that OF Mrs. Anderson at 81, 500
Messrs. William l.. Randolph and Charles ID.
Fisher became bOndsmen for both OF the prisoners,
who were thereupOn discharged and went or ac-
companied by relatives and friends.