The Rutland weekly globe. [volume] (Rutland, Vt.) 1873-1877, 1873-11-14
The Udderzook TrIaI.
VERDICT OF GUILTY OF MURDER IN THE FIRs
DEGREE.

AhN CNueEEOOh
VERDICT OF GUILTY OF MURDER IN THE FIRST |
DEGREE.
AT half past nine o'clock Sunday morn
ing the jury sent note to Judge Butler,
which he would only receive in open court
The attorneys were notified, and the pris-
oner brought in. He was neatly dressed,
and though 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
er on the way to the court house drew to-
gether a 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 a sealed note, which he had decided to
open and read in open court, in presence
of the prisoner. lie then read the note,
which was a request to sec the Judge The
judge stated that he was willing to hear
any communication they had to make.
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 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 Dr. Bailys
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. IT 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 obstnacy or an en-
deavor to force an opinion on the part of
any juryman was not only wrong but in a
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
he entertained no thought of discharging
them. The Judge concluded as follows
1--WE regret your trouble. You have oul
deepest sympathy, but we cannot aid you
except to answer such questions Us you may
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
agreed. The prisoner was brought into
Court, and the jury came in with downcas
countenances, none of them looking at the
= prisoner. Mr.. Motion, the foreman, hat
tears in his eyes.
The usual questions as to vervict were
then put, and the foreman answered
"Guilty f murder in the first degree.
The usual formula was answered to by
each member OF the jury separately.
Judge Butler said Gentlemen, YOU
duties have been arduous and painful anC
we have sympathized with you very deep
ly We now discharge you, and for tho
careful and patient manner in which yot
> have fulfilled your duty you are entitled t.
n the thanks of your fellow citizens" He
q also said that as many of them could moi
reach their homes to-day could come in a
the assembling of the Court tomorrow
r morning and and answer to their names
and they would be allowed another day
p In the case of those who could not do th
he had no doubt the Commissioners would
allow it anyhow.
y Mr. Peidue, the prisoners counsel, made
i a motion for a new trial and was told Ii,
4 had four days in which to file his reasons
:. The prisoner was remanded back to Jai
} and the court adjourned. Although severa
l., of the jury seemed deeply affected by thu
d weight of their responsibility the prisone
q showed no emotion whatever, but gazed OF
each juryman as he gave in his verdict
: When all was over he adjusted his hat to
s nicely on his head and walked out of thu
s court room in charge of the sheriff will
= nothing about him of the air of n MAJ
= walking to his doom.
IS The balloting by jury was as follows
First ballot-Gulty, {; not guilty, 5 ont
n undecided. Second, the same. Third
!, Guilty, 8 3; not guilty, 6. Fourth-Guilty
u 8; not guilty, Z. Fifth-Gulty, 4 ; no
d guilty, s. Sixth, an even ballet. AT thi
i point they went in and received the instruc
!. tons of the court. Seventh ballot-Guilty
. 8; not guilty, 3 ghth-Guilty, / no
! guilty, l. On the twelfth ballot all votet
IS guilty in the first degree, and thus close
s the second act of this crime. The caus
Is which kept the jury out so long is under
question of the identity of the Remington
vile body as that of w S Goss. Thi
appears to have been set at rest by the eX
IL hibtion of the letters written by Goss an
o Wilson and review of the evidence o
:. DIR. Baily.