The New York herald., 1872-07-16
A PEEP INTO THE JURY ROOM.

A PEEP INTO THE JURY ROOM.
What the Jurors Have to Say About the Doings
Behind the Scenes How the Ballots Were
Taken and How the Deadlock Occurred.
The disagreement OF the jury In the Stokes case
yesterday OF course threw the general public into
an extremely inquisitive mood as to the sayings
that were said and the doings that were done abe
hind the scenes In the jury room. Indeed, at first,
In the absence OF all definite Information as to how
the Jury had stood at each ballOting, the most
absurd rumors were set afioat, such for instance,
as that which became quite current in uptown
saloons. near the Holman House. that
'rOss-UP''
between three of the jury who were in favor OF one
kind OF verdict and two who were In favor OF quite
another Kind had led to the deadlock, which finally
compelled the Judge to dismiss the jury entirely
Under the circumstances it was deemed best by q
HERALD reporter (who shortly after the jury were
given their byebye, sailed out In search OF gene
raj as well as special information concerning the
agreement to dsagree) to pay visit to each OF the
jurors The task was not an easy one. They had
one and all, become heartily tired of the trial
and everything that was In the remotest man.
connected with it, that the mere men,
tion, after they got home, Of Jury" 'Stokes,"
or "Fisk" was sufficient to create family riot At
least so said the wives OF the married members.
The decacy, not to say anything about the danger,
OF the reporters mission therefore be easily
imagined. 1t must be said, however, that every
one OF the gentlemen was courteous In the extreme
and quite communicative when called upon, even
though two or three, at the time OF
THE REPORTORIAL VISIT,
were enjoying the luxury OF bath and, with the
aid Of soap and coarse towels, endeavoring to get
rid Of the dust and dirt Of the court and jury
and make Orchard himself again."
THE FIRST RALLOT.
Mr.. John e. F. Bond who was the sixth Juror
chosen, was found at his office In Broadway. He
looked rather wornout, and, as he had carpet
bag in his hand at the time the reporter met him,
it is reasonable to suppose that he about start
ing on trip to the backwoods or somewhere else
for the balance Of the summer, where the jury sys
TEN Is not much In vogue, or II in vogue, not often
called into practice.
~ understand, Mr.. Bond" said the reporter,
after rather abrupt Introduction, ''that the jury
stood seven for murder In the first degree to five
for manslaughter in the third degree"
"That is correct, SIR"
"And learn that they stood as follows:- For
murder In the first degree:-
Homberger, Bond,
Williams, Hopkins
Cornish, Lenerts.
Stone,
For manslaughter in the third dcgrec:-
Hogan, Whttle,
Flamme, Tucker"
Thompson,
"YOu are right again."
"Was ballot taken the moment you all got into
the jury room, after the Judges charge and before
you began a general discussion of the cases''
1--WE did; SO as to see how we stood"
"And was the result as given abOveS"
mo, not exactly. The ballot showed seven for
the third degree and three for aqulttal."
'TnE THREE FOR AcourTTAL
were Thompson, Whitte and Tuckery'
"What Induced these three to Join with the other
two who were for manslaughter In the third de-
"WelL you see after the first ballot there was good
deal OF discussion ana the question naturally
| The discussion on this point became rather warm,
and 1t was finally decided 10 send for Fsks clothes.
one became convinced, nom the holes mace by
Stokes Shots that Fisk could not have had pistol
| in his hand as described by Stokes"
This conviction beyond re moval from the
minds OF us ALL another ballot was taken and then
the vote ,s stood to 3 as before DESCRIBED Thomp;
Flamme for manslaughter In the third degree"
THE OTHER BALLOTS
that were taken after thisY"
Just the same, to 5. Neither side could be con.
vnced by the other that either was not right; and
so the matter stood to the end"
'Then the seven who were for murder in the first
degree remained to the last of the same opinion as
to what verdict ought to be givens'
'"They did. Myself and the six others who on the
first ballot voted for murder in the first degree be-
came during the discussions which followed, not
vnced that we right.n
THE FIVE FOR MANSLAUGHTER.
Mr.. theodore Flamme the next Juror called
upon.
reporters first query, as Mr. Flamme, fresh and
blooming as q rose, came down from his bathroom
with not the slightest sign of the trouble and labor
OF the last ten days visible upon his genial counte
nance.
81 voted all along for manslaughter in the third
"what made you differ from the seven who were
in favor Of murder in the first degree7"
m nsd ;oo many doubts IN my mind IN which were
which prevented me conscientiously joining with
these seven. The words OF Fisk-Hes been too
quick for me this time'-and the evidence OF Henry
who swOre that the pistol he saw in the hotel the
night of the shooting was not the one produced In
should be justified in giving in my adhesion to
der in the first degree"
"Did you put any faith in the assertion of the
mot after we had examined the clothes worn by
the deceased at the time he was shot. After a
thorough examination Of the cape or cloak every
one of us dismissed the idea from our minds that
Fisk drew pistol on Stokes as the latter asserted
In his evidence, for we saw that 1t was
AN UTTER IMPOssTBILITY
for Fisk to have had his hands In the position de-
pistol to have penetrated the cloak the way they
did,
'Then what was IT that led the seven for murder
in the first degree to differ from you and the four
who agreed with you, or you five to disagree with
the seven. Put 1t either way, just as you like it."
THE QUESTION OF PRENEDTATION
"The turning point between us was simply this
Did Stokes when he fired the two shots, intend to
no