New-York tribune., 1873-02-01
TWEED'S ESCAPE.
THE JURY DISAGREE.

THE JURY DISAGREE.
MR. PFCKHAM's DEMAND FOR AN IMMEDIATE
TRIAL MET BY PLEAS FOR DELAf-A DECISION
EXPECTED T0-DAY-AN OATH TO SECRECY
TAKEN IN THE JURY RooM--PRoBABLY EIGHT
FOR ACQUITrAL.
The shifting scenes of the great Tweed trial
closed yesterday with the return of tho jury. after
night of elaboration. When the doors were opened In
the morning the Courtroom Jammed in so seconds
and the officers fairly carried of their feet by the
excited curiosity seekers In 10 minutes, so intense
became the pressure OF new oomers upon an already
sitting roOm that the doors closed and the idlers
foroiby barred out When Mr.. Tweed came in with his
secretary Foster Dewey and passed the compliments OF
the morning with his retnue Of counsel his oountenance
looked fresh and his spirits seemed ouoyant and he con-
verscd with Sheriff Brennan and many others.
At 1880 a. M the Jury filed promptly into their places
and at once silence took the place OF CHAT and every
body waited anxously for the verdict, II there should
be one Mr. Tweed showed very slight signs Of anxiety
or oven curiosity and gszed lesurey at tho jurors as
though duration of their ference had inspired
him with perfect confidence in the result
NO VERDICT.
The usual question was put and the answer came-al-
ways Disappointing one" We have not agreed"
Judge Davis inquired: Is there any prospect OF your
being sble to agree, Mr.. Foreman e.
Tho Foreman replied that he could elhe thought
not
Judge Davis after few minutes thought said: sup
pose you have exerted all efforts to agree and do not
zee that any benefit result from keeping you out
longer At the same time, of the rest of the jury
would like to express any opinion on that subject,
should like to hear him as to the probability of agreeing
Another juror said there prospect. They were
the way since II p. m.
Judge Davis-Then you discharged. gentlemen.
The whole thing was thus In q moment and the
Jurors without word more caught up their hats, and
disappeared rapidly and almost myseriousy as the
hefo of the members OF the
press who present In great numbers were quick
enough TO catch of them and trustworthy rumor
Of count was heard simple r9m0ss Mere re Ss
how they stood. Meantime novel proceedings were
occupying the attention Of the Court.
A NEW TRIAL URGED AND OPPOSED.
AS soon as the Jury had gone Peckham and
the surprise OF the audience, aud particularly Of the
counsel for the defense. made the following rather
startling motion:
Your Honor in the case on which we have expended
our efforts in and that il has resulted in
that pDbc Justice can only be attained in most cases
especially in cases of this character by per
sstent effort conclusion We feel that
such this and presented as this has been, ought
to have satisfied the ury that the jury should have been
able to at conclusion and we eel tnat III Is
necessary proper for the furtherance of public just
ice that some result should mmedlaeiy De arrived at
we therefore, move the immediate trial OF this case
at this present moment and ask the Court TO direct
panel of jurors to be summoned and proeeea with the
1t did take many seconds for Mr. Field to find his
voice and was his feet in instant to repei the
motion sprung Unexpectedly upon him. He replied
very emphatically:
We think your Honor, this request is novel and re-
markable and not to be acceded TO. We have been
engaged the better part of three weeks since Jan
not feel able TO enter immediately upon the retrl9
as mind has been very great We have been kept in
courtroom not nit for anybody TO breathe In and Tor
cannot endure such atmosphere for another three
weeks Besides, Sir. we have been informed that the
civil is TO be brought ON Peremp9rly on Fen. ~
with intmatOn that it will be called out OF It's ORDER
upon the right of preference possessed by the people
and our attention be directed TO It, and has been
from other avocations to prepare for it. We
thin. would Sd DC very sTedt sra Of rus CASE
now. ana we think. moreover that there ought
another operation that will be likely to heat this
has done it has generated an unusual quantity OF
heat all around We do not suppose this case Is TO be
inal the city, The jail Is full OF murderers; this
TO be taken out of the ordinary course, do not under
stand The example of case being taken out OF the
ordinary course because OF camor among tne pubic OF
IN the newspapers detrimental 10 justice; Ii tends to
pervert its course and we protest against IT, Let these
persons accused OF violent crimes, be tired IL Is OF
more importance than that this case OF misdemeanor
should be tried These are pubic bnt
earnestly object to the trial OF this going on again
Mr.. PEcKHAM's REJoISDER.
Mr. Peckham who had not even taken his seat while
Mr. Fel0 was speaking, answered the objections OF the
counsel with argument equally forcble and pointed
Your Honor-The counsel present three separate rea
sons for not going with the trial First on account
OF 1hs edi of the deae ana Te in this
had the to be defended by some seyen or egh
different counsel the prosecution has beenc0nducted,
as far as the labor has been concerned. Py Two
assisted by the advice and ala OF tns DsIFiGS dn,
may take notice OF the fact that the senior counsel Tor
the prosecution come from the labor OF several
weeks nm the case preceding this and there is at least
equal strain and labor this SIDE NEUTRALITY-SUSPICIOUS.
do NOT feel that the strain upon has been great but
that we able to enter upon the duties OF an0ther
defendant IL those who took particularly pr0mlneht
part hitherto relieved by Others the strain might
be avoided As for the civil suit, viii am also en-
gagged m and the preparations aud labor OIL are on ne
equally with this now being trlea at99ng1 sna nav
counsel. Mr.. Charles 0'OonoT. But Mr. OCon9r mas mas
eeGaed esSa interest and requiring unequsled effort.
0i course, if when the civil suit comes on 70
for adiourning the civil suit An additional reason is
presented that there are numerous cases or ngh
now waiting TO be tried and that pubic l1stcs aenanus
fhat they should tried first apprehend the eo9n.
sci not charged with the care o. Of S Sy
Mt to for trial this case o. % Dn 70 HS
be- alone is to be the judge of what Is right
Pubic Justice demands that when case s entered on
IL shouId be brought TO conclusion which snail say
thar man is guilty not guilty, and, therefore, ask
'na ndS tSe feel some embarrassment on this
ton which does arise out OF the exhaustion OF cou
sci nor the exhaustion OF the Court which has not Deeh
Mr. Bartett-~YOur Honor is "of age" fLaughterl
Judge DavisAnd begin to feel ,ny age: .s NOT uoes
but am troubled with question as to the continuation
OF this term inasmuch Monday the regular Term
begins and there would Oe two Courts contemporaries
ousy in session 1t strikes that there is some niue
embarrassment there. -,
MT Peckham adluitted that he was unable to advise
the Court on the question.
MR. GRAHAM's REHARKs.
Mr. Graham here spoke for the first time
It cannot overlap the term beginning on Monday;
There Is power given this Court sueh as special
statute gives the General Sessions, 70 overlap an moe
pendrnt term This prosecution was initiated in De
cember, 1871 Between that and December, 1871 they