New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-10
UpDERZOOK CONVICTED.
THE JURY AGREE UPON VERDICT OF MURDER IN
THE FIRST DEGREE.

THE ,rrny AGREE UPON A VERDICT OF MURDER ~
THE FIRST DEGREE.
.WrsT CHESTER, Penn, Nov. 9.-At OF o'clock
this morning the Undertook jury sent note to Judge
Buer which he would only receive in open court The
attorneys sent for and the prisoner was brought in
He was neatly dressed and, though showing signs OF
care and anxiety appeared much cheerful than on
Friday Although the movement was made very quietly
the OF the prisoner on the way TO the Court
house drew together large crowd The court opened
al 1920 O'Clock when the jury came In and answered to
their names The Judge stated that he had received
from the jury sealed note which he had decided to
open read in court in presencoof the prisoner
He then read the note which was request to see the
Jndee The Judge stated that he was willing TO hear
any communication they had to make
Mr. Morton foreman of the jury-rhO jury arc unani-
nous In the opinion
Judge Butler-stopl stop! must not hear anything
10 regard TO your difficulties and differences In the jury
room. II you desire any information upon the law or
the evidence In the case. will answer.
Mr.. MortoD-We feel that totally unable to
agree upon a verdict unless We have light in
regard 10 the evidence.
Judge Butler-If you will name the witness In regard
TO which you need information will read the evidence
to you.
Mr. Morton-In regard TO DR.. Baly's testimony.
The Court then for the and read tho desired
evidence. Mr. Morton then said that counsel had par
tcuary called their attention to certain papers which
they charged to examine carefully. These papers
had not been put before Them The Court asked II the
Jury wanted Them and Mr. Morton said he thought some
Of the members did The Court said 1t would send for
the papers and pass upon them and send them which
was sfterward done.
Judge Butler then said they would be returnedfO
their room In answer TO the announcement that they
could not agree he could only say that all regretted TO
hear them say 1t their duty to seek to agree II
IS not the duty OF any man Jury to seek 70 make
others agree with his opinion one way or the Other. II
their duty TO sit down with full sense OF their re-
sponsbily before God and make honest, patient and
earnest investigation endeayoring TO arrive at the
truth Anything ike Obstnaoy endeavor TO force
an opinion the part OF any juryman was not ONLY
wrong. but in high degree criminal. willfu going
asray upon one side the other is high crime They
had been ont long that the Court doubted their
ability to agree, and he entertained no thought of dis
charging them. The Judge concluded as follows: We
regret your trouble You have deepest sympathy,
but cannot aid except to answer such questions
you may ask Tho jury then returned to their room
and the Court adjourned.
At 2 p. m. the Court was reopened, on Information
that the jury had agreed. The prisoner brought
into Court aud the jury in with downcas counte
nances of them looking at the prisoner Mr.. Nor
ton the foreman, had tears his eyes Tho usual ques
tons the verdict were then put and the foreman
swered Guilty OF murder IN the first degree" The
formula was answered by each member OF the jury
separately.
Judge Bhtler-Jehuemen' your uutles nave Dceh
arduOus and painful and have sympathiZed with you
very deepy. We discharge you, and for the careful
and patient manner in winch you have fulfilled your
duty you are entitled to the thanks OF your fellow
citizens.
Mr. Perdue, prisoners counsel, made motion for
trial ana told had four days III which to file
his The prisoner then remanded to jail
and the adjourned Although several or the jury
seemed deeply affected by the weight OF their RESPONSE
bihty. the prisoner showed no emotion whatever but
ga zed jury he gave has verdict. When
all he adjusted his hat to nicely on has head
and walked cOoly out OF the courtroom in charge OF
the Sheriff The ballOtng by the jury as follows:
bsot6 gutI guilty., undecided 6eeoBd1Tb, same
q not
A. guilty guilty SrtAn ballot (At this point they vent
Seventh hGloto
guilty guilty Eighl1i guilty /, not guilty On The l2ta
ba lot sil voted guilty in tue first degree
Tbe cause which kept the jury ont long ia under
stood to their inability to upon the question OF
the identity the PennngtOnyille body with that OF W.
g. Coss This appears been set at rest by the
exhibition of the letters written by and Wilson and
a review OF the evidence OF DR. Baiiy.