New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-10
THE COURTS.
NO VERDICT IN THE sCANNELL CASE
DISAGREEMENT OF THE JURY-EIGHT FOR CON
YICTION.

NO VERDICT IN THE SCANNELL CASE
DISAGREEMENT OF THE JURY-EIGuT FOR CON-
vICTI0N.
Time, strength, labor, and money have been
uased for weeks IN tho effort to convict aoqut Scan
nell for the unsatisfactory results tho disagreement OF
the Jury. The fact significant ono Win reier'
ence to the possibility OF conyictng the remaining muir
derers In the Tombs when 1t IA said that DstrctAttor
ney Phelps selected tho Scanne case out OF all the rest
for his first essay public prosecutor OF the county nc
cause he deemed conviction TO assured in view Of the
deberateness OF the murder Scannell has escaped on
doubt entertained by OF the jurors relative TO
mia sanity The fact all but known as early as Fri
day night when the jury we're locked mp for the night
Experience has shown that In comparatively Few cases
the Jury ever agree when the differences assume 80
coherent form TO hold firm under the prospect Oh
long nights vigil. When the crowd separated thas
night all hope was abandoned. and the present jury
system was the subject Of many comments ana 10"
defenders.
Saturday morning the number OF those who gathered
to hear the verdict IL there should happen TO DO one
was not nearly as largo as usual. Inc priSono' wa"
brought down from the Tombs at early hour ana had
long interview with his wife, mother ana sster Deioro
the Judge arrived. He remained calm and unmoVeu
and when he entered the court with his customary
steady tread and exterior could detect inc
slightest trace of trcmuousnoss or rear Judge Drauy
promptly opened the court at Oi M and the counsel
took their accustomed places. The jury were tnen
brought into court and with solemn faces resumed eI
seats Jury In the solennfty OF that noent
Scannell never relaxed muscle. but with calm, SIDE
long glance, surveyed the jurors inc foreman an an
nounced that agreement was arrived Az Dut NJ ms
suggestion the Court repeated s charge relative 70 Tue
condition OF mind where Insanity was supposed 70 eAs
aud they then directed 10 retire Tor turtner uo
liberation. At ll:20 O'Clock they reentered COURT anu
expressed their lnaDlllIy 10 arrive
at conclusion. Judge Brady did not think tnat t1ey
had even yet exhausted all the questions proper TOT as
CUSTOM and told plainly that he had not toe slgh
nf Harha
been spent in investigating this case ana they ought 10
agree II possible Again the jury were compelled 10 re-
tire and they allowed plenty OF tlino LOT d
liberia ton, for Judge Brady did not return uatlI lUJo
d. H. when the had been lighted and the room was
full OF anxious aud spectators The race OF
Scanne the jury filed In, was inpassye anu bore an
favor were now FIVE II turned out as expected
that jury had not agreed although the foreman sad
that they ballot nearer Judge Brady asked
they could agree II placed in more c0mOrtaDle quarters
Brady then discharged them with great reluctanCe.
scannell taken back TO prison aud the crown us
IL was stated later that the jury Stood the first bal
must stood TO five, for the foreman sald III
court that they had ballot nearer to an agree
men while Of tho jurors stated subsequently that
the final ballot eight to four, Us follows:
For Aoquittai5anel DIeyfus No. l6l East Fifty NTH
st. Allen Terry, No. 2O6 West Twenty ninthst. clerk;
George E. smith, No. Is East Thirty eighth-st, watch
maker; john l.. Sngerand No Gu West Nineteenlh-st,
notary. -.
For Conrieiion-James NJ. Quigley, No. "a West FIJI
teeutlst. no business James &. Wells, No 227 West
hirfyegth-s, merchant; David d. Nile, No IS walker
st., salesman John j. Bragg No % DcsDr0ssesst trult
dealer; Henry KrewOf No. 331 West ThiryfOurth St,
printer James H. Linnard, No. IL Southst. merchant
Henry s. Mack No. CO West Fortyslxthst, clOthlcr;
Theodore l.. Studley, No. Is Park place, merchant