The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-11-11
The Undertook Trial.
WEST CHESTER, Pa, Nov. TO-
VERDICT OF GUILTY OF McgDER IN THE FIRST
DEGREE.

anu tnOuBn showing signs OF care and anX-
iety appeared much more cheerful than on
Friday. Although the movement was made
very gently, the appearance of the prison.
or on the way to the court house drew to-
gethcr large crowd by the time the Jury
came in. The court opened at twenty
minutes after ten 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 and read in open court, in presence
of the prisoner. He then read the note,
which was request to see the Judge. The
judge stated that he was willing to hear
any communication they had to make.
Mr.. Morton, foreman of the iury-Thc
jury are unanimous in the opinion
The Court-Stop, stop, must not hear
anything in regard to your difficulties and
differences in the jury room. If you de-
sire any information upon the law or the
evidence in the case will answer
Mr.. Morton-We feel that we are total
ly unable to agree upon verdict unless
we have some more light in regard to the
evidence.
Judge Butler-If you will name the wit
ness in regard to which you need informa-
ton will read the evidence to you.
Mr.. Morton-In regard to DIR. Baily's
testimony.
The Court then sent for the 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 wanted them
and Mr. Morton said he thought some of
the members did.
The court said it would send for the pa
pers and pass upon them and send them in.
which was done
Judge Butler then said they would now
be returned to their room. In answer to
the announcement that they could not agree
he could only say that they all regretted
to hear them say so. 1t was their duty to
seek to agree 1t is not the duty of any
man on jury to seek to make Others agree
with his opiuion one way or the other. 1t
was their duty to sit down with full
sense of their responsibility before God
and make honest, patient, and earnest in
vestigation, endeavoring to arrive at the
truth. Anything like obs:iH,rry or an en-
deavor to force an opinion on the part of
high degree criminal. A wilful going
astray upon one side or the other is a high
crime. They had not been out so long that
the court doubted their ability to agree, and
them. The Judge concluded as follows
"We regret your trouble. You have our
deepest sympathy, but we cannot aid you,
except to answer such questions as youmay
ask"
The jury then returned to their room,
and the court adjourned
At two o'clock p. IN. the Court was re-
opened on information that the jury had
dGICtN. DllSOltl was DIOuHHI llllO
Court, and the jury came in with downcast
countenances, none of them looking at the
prisoner. Mr. Motion, the foreman, had
tears in his eyes
The usual questions rs to yervict were
then put, and the foreman answered,
Guilty o murder in the first degree
The usual formula was answered to by
each member OF the jury separately.
Judge Butler said Gentlemen, your
duties have been arduous and painful and
we have sympathized with you very deep
ly. We now discharge you, and for the
careful and patient manner in which you
have fulfilled your duty you are entitled to
the thanks of your fellow citizens" He
also said that as many of them as could not
reach their homes to-day could come in at
the assembling of the Court tomorrow
morning and and answer to their names.
and they would be allowed another day.
In the case of those who could not do this
he had no doubt the Commissioners would
allow it anyhow.
Mr.. Peldue, the prisoners counsel, made
motion for new trial and was told 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 responsibility the prisoner
showed no emotion whatever, but gazed on
each juryman 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
court room in charge of the sheriff with
nothing about him of the air of a man
walking to his doom.
The balloting by jury was as follows
First ballot-Guilty, 6 not guilty, 5 one
undecided, Second, the same. Third
Guilty, 8 ; not guilty, @. Fourth-Guilty,
5 not guilty, :. Fifth-Guilty, 4 not
guilty, s. Sixth, an even ballet. At this
point they went in and received the instruc-
tons of the court. Seventh ballot-Guilty,
0 ; not guilty, 3 Eighth Guilty, II not
guilty, /. On the twelfth ballot all voted
guilty in the first degree, and thus closed
the second act of this crime. The cause
which kept the jnry out SO long is under
stood to be their inability to agree upon the
question of the identity of the Reming on
Vile body rs that of w S Goss. This
appears to have been set at rest 10y the ex-
hibition of the letters written by Goss and
Wilson and review of the evidence of
Dr. Baily.