Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-11-13
THE UNDERTOOK CASE.
End of the Tfia1-Interesting: Details
About NsRiue I'm the Verdict

-
End of the notwithstanding: Details
About Making Up the Verdict.
WEST CHESTER, Nov. 9,AEA hslf-past 9
O'Clock this morning the jury sent note
to Judge Butler, which he refused to open
except in open court. Counsel being nOti-
fed, the prisoner was brought in looking
very neat and rather cheerful. Directions
for assembling the court were conducted
very quietly, but the prisoner being OBJ
served on the way to the court-htslsef Il
rush was at once made, so that it was quite
filled up when the jury came in. Court
was opened at 1920 A. NJ. The jury came
in and answered to their names. Judge
Butler said he had received sealed note
puTporting to come from them, and that he
had decided to receive it in open court hi
presence of the prisoner; ne would now
open the note; he found it to be a request
to see him; if they had any communication
to make he would hear it.
Mr.. Morton, foreman of the jury-The
jury are unanimous in the opinion
The Court-StOp. Stop! / must not hear
anything in regard to your difficulties or diff
ferences in the juTy-roOm. If you desire
any information upon the law or the evil
uCllCC III lllC NeloCs W LII tlllohCls
Mr. MortOn-We feel that we are totally
unable to agree upon verdict unless we
have some more light in regard to the evil
Ldence.
Judge Butler-If you will name the wit
ness in regard to which you need informa-
| ton will read the evidence to ydu.
Mr.. MOrtOn-In regard to DR.. Baileys
| testimony.
The Court then sent for notes, and read
the desired evidence carefully.
Mr.. Morton then said that the counsel
had particularly called their attention to
certain papers, which they were charged to
examine carefully. These papers had not
been put before them.
The Court asked if the jury wished them,
and Mr.. Morton said he thought some OF
| the members did.
The Court said they would send for the
papers and pass upon them and send them
| in, which was afterwards done.
Judge Butler said they would now be re-
| turned to their room. In answer to the an
nouncement that they could not agree, he
could only say that we all regret to hear
YOU say so; it is your duty to seek to agree;
it is not the duty of any man on the jury to
| seek to make others agree with his opinion
one way or the other. 1t was their duty to
| sit down with full sense Of their RESPONSE
bility before God. and make honest, patient
and earnest investigation, endeavOring to
arrive at the truth. Anything like obsti-
( macy, or an endeavOr to free an opinion on
the part Of any juryman, was not only
wrong but in a high degree criminal; a
willfUl going astray upon one side or the
other is high crime. You have not been
out SO long that the court doubts your abil-
| ity to agree, and we entertain no thought of
discharging you. We regret your trouble;
you have our deepest sympathy, but we can
| not aid you, except to answer such ques-
| lions as you may ask.
The jury then retired to their room, and
| the Court adjourned.
AT P. NJ. the Court was re-Opened on
information that the jury had agreed,
| and the prisoner was brought in. The jury
came into Court with dOwncast counte-
nances, none Of them looking at the prisoner,
and the foreman, Mr. Morton. had tears in
his eyes.
The clerk then asked: Gentlemen of the
jury, have you agreed upon your verdict?
Mr.. Morton, (fOreman)-YeS.
Clerk-What say you in the issue joined
between the Commonwealth of Pennsyl-
vania and William E. UdderZook, defend
ant. Do you find him guilty in manner
and form as he stands indicted, or not
guilty?
Foreman-Guilty.
Clerk-Of what?
Foreman-Murder in the first degree
This was repeated in the same form with
each member of the jury until all had an
swered, when
The Clerk said: Hearken to your YER
dict as the Court have it recorded. You
say in the issue Joined between the Com
mOnwealth of Pennsylvania and VIM. E.
Undertook, the defendant, you find him
guilty in the manner and form as he stands
indicted, and so say you all.
The jury then took their seats.
Judge Butler said: Gentlemen, your du-
ties have been arduOus and painful, and
we have sympathiZed with youvery deeply.
We now discharge you, and for the careful
and patient manner in which you have full
filled your duty, you are entitled to the
thanks of yOurfellow-citizens.
He also said that as many of them could
not reach their homes to-day, if they would
come i'll at the assembling of the court to-
morrow morning and answer to their names
they would be allowed another day. In
the case of those who could not do this, he
had no doubt the Commissioners would al
low it anyhow.
Mr.. Perdue, Of the prisoners counsel,
made a motion for new trial. He was
told that he had four days in which to file
his reasons. The prisoner was remanded
back to Jail, and the court adjourned.
Although several of the jury seemed
deeply affected by the weight of their re-
spOnsibility, the prisoner showed no emo
ton whatever, but gazed unwinkingly on
each juTyman as he gave in his verdict.
When all was over he adjusted his hat to a
nicely on his head, and walked out of the
courtroom in charge of the Sheriff with
nothing about him Of the air of a man
walking to his doom.
The balloting by the jury was as follows:
First ballot, six guilty, five not guilty, and
one undecided; second ballot the same;
third ballot, six guilty and six not guilty;
fourth ballot, five guilty and seven not
guilty; fifth ballot, four guilty and eight not
guilty; sixth ballot, even. They then went
in and received the instructions of the
Court. Seventh ballot, nine guilty and
three not guilty; eighth ballot, eleven guilty
and one not guilty. On the ninth ballot all
voted guilty in the first degree.
Thus closes the second act of this crime.
The cause which kept the jury out so long
is understood TO have been their inability
to agree upon the question of the identity
of the Penningtonville body as that of w.
S. Goss. This appears to have been set at
rest by the exhibition of letters written by
Goss and Wilson and the review of the ev-
idence of Dr.Bailey.
AN APOLOGY REFUSED.