The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-09


mental alteration, In eloquent appeals OF counsel
and the charge OF the Judge and requests to
presence 81 this sphinx Of jury, and the audience
were hushed into deep silence, awaiting the brief
question that was to draw prefer answer, Taught,
nevertheless, with terrible interest TO the trem-
bling prisoner at tine bar.
AS the jurors took their seats Judge Brady di-
rected an earnest gaze upon them for moment
and then turned and nodded to Mr.. Sparks the
Clerk OF the Court.
Mr.. sparks Immediately rose and called the
names OF the jurors. All answered
Judge Brady-Gentlemen OF the Jury l have re-
ceived letter from you requesting me to repeat
that portion oil my charge which related to insanity
in its legal aspect. will state exactly what said
yesterday. 1t Is as follows:-
is By the law Of this responsible
s aSd b wf0h me
such state Of mind he deed was unlsw.
was Of Ssa s between right And
him OF murder
He further said that II the mind of the prisoner
was diseased to such an extent at the time that he
was unable to control his acts and did it in 1T Of
frenzy, then he was not responsible.
me jury then retired.
There was some disappointment felt at this turn
OF anairs as 1t was confidently expected that the
Jury had come into Court to declare what decision
Opinions and surmises were again banded about
ameng the audience. but they were not left long In
doubt, as not long after their retirement
THE JURY RETURNED INTO COURT
and again resumed their seats. Whatever rave
rise to the idea It was generally iet that the jury
could pc nut one agreement in SO short an absence
after receiving the instructions Of the Court. It
was An anxious moment for the prisoner, who sat
intently gazing upon the jury. His anxiety was
deeply shared In by his mother wife and relatives.
who seemed hardly to breathe during the short
minute or two before the disagreement was known,
THE FOREMAN SPEAKS AND PLUMBERS.
Mr.. Sparks again called the names OF the Jury,
and asked, gentlemen, have you agreed upon your
Mr.. Dryius, the foreuan-we have sensation.)
Mr.. Dryfus Is here pulled by his coat tails by
Juror NO. and wakes up and cOrrects himself, and
excaims in most bewildered manner, 'No-that
is we haven't" Suppressed laughter.j
stammering out in a strong German accent-Your
Honor, we havn't agreed and 1t is utterly impos-
sible for this jury to agree upon verdict. We
Judge Brady-I don't want to know how you
stand. have not the slightest idea Of discharging
and it has been fully investigated ana l do not
think the time you have devoted to the discussion
OF this case has been suficent to exhaust it. do
think, therefore, that it is proper for me to dis
charge you from its uSther consideration and do
not intend to do 1t. Therefore you may again re-
The Foreman (again speaking)-It is my honest
opinion that II we should remain another fortnight
tive Of that fact.
Judge Brady-In the exercise of the discretion
vested In me by the law think 1t my duty to keep
You together longer. do not mean to discharge
you.
The jury then retired once more to their room,
where they remained till again called into COurc
at quarter past ten O'Clock.
THE JURY IN SESSION.
After the jury had retired the excitement in the
Court subsidized mewhat and as 1t was the gen
eral impression among the spectators that the
jury would disagree the audience settled dswn to
conviction that they would have to wait several
hours for decision. 1t WAS then half-past eleven
O'Clock, and many persons who had been sitting
for days listening to the testimony became tired
and went TO dinner, while others shuf1ed in and
out of the court and stood lounging In the hall
ways and loobles Of the Court House. scannell,
with his wife and mother, sister and younger
brothers, remained An tine Supreme Court, Cham
bers, talking to each other with trembling anxiety
ssolidity, or scrtitude. Whenever Quality i
might be called Now and then, however, he
into nervous Or muttered exclamation cleocS.
ing his fist and acting with sort OF suppressed
energy, betokening the intense turmoil Of bis
spirit. william +. Howe and his associate, little
Mr.. Hummel, seemed to be in very good spirits.
and did not hesitate to state that an agreement OF
sons in the audience were friends and acquain-
tances OF the prisoner, and their anxiety was man.
the
thinned out, and at one time not more than forty
persons on were present, only two Of whom
was was UNDERSTOOD that Judge Brady y''' Would
verdict of the jury II such verdict was possible.
At half-past four O'Clock the jury were permitted
to return to 1.-THE Supreme Court, Chambers, where
| thlrty-fve minutes in discussing. Scanned also
took some reIrsshment, but what he ate was Of
dusk the large gas chandelier in the court room
was illuminated, and the jury were taken
charge. It is said that during the evening the
| The majority OF the jurymen were decided in
favor OF conviction OF murder in the first degree,
but one or two were afterwards changed by the
| violent pressure brought to bear on them. The
| feur men who stood out for acquittal were Dry.
foos, the foreman; Slingeree, the eleventh Juror,
Vile, the fourth juror, and Smith, the eighth juror.
All the rest 1t is understood, were for conviction
| on the first count.
| THE JURY AGAIN IN coURT-THEY ARE DISCHARGED.
At a quarter-past ten O'Clock Judge Brady again
| entered the Court and took his seat upon the
bench. Mr. Lyons, Assistant District Attorney, rep
cnt on behalf of the prisoner. Scannel, in charge
OF Deputy Shields and other officers, took his usual
seat There was a solemn silence in the court
the jury, after their long sitting in deliber-
alton on the life Of fellow being, once more filed
Mr.. valentine called the roll, and ali answering
to their names, the usual question was once more
| put.
Clerk-Gentlemen Of the jury have you agreed
| upon your verdict2
The foreman, rising, said:-Your Honor, I wish to
say that 1t is impossible for the jury to agree upon
verdict.
The Court-Are there no more certain signs Of
| your agreeing than when you came in this morn
me Foreman-No. On the last ballot
The Court-You need not tell me about the ballot.
| want to know If you are nearer to an agreement
now than you were this morning.
The FOreman-We stand exactly the same, all
| but one vote.
The Court-Gentlemen. it is very essential
that there should be an agreement In this case.
You have discussed 1t. no doubt in all its aspects
| and II l thought there was no probability OF your
| agreeing would discharge you at once but am
not yet satisfied on that peint, and think you
may yet agree. This trial has occupied nearly
three weeks; the has been fully and fairly in
vestgated, and there ought to be an agreement
| among you. This case ought to be disposed of
| tion q
are so established that further discussion the
subject will not tend to change them 1 am unwill-
ing to discharge you But will put the question to
you, and will expect q conscientious response
Have you thoroughly discussed the case, and Is 1t
| Impossible to shake your convicti0nsY II this be
| so will consent to discharge you; but I have put
the question to you, and expect conscientious
| answer.
The seventh juror, rising, said I'VE have dis
cussed all the points In the case fuv "a re.