The New York herald., 1874-12-14
THE CROKER CASE.
The Jury DisagreeS and the Prisoner Is Re.
manded to Custody.
HOW THE JURY STOOD


and spite OF it being Sunday, that portion OF
Chambers street opposite the New Court House
began 10 I'LL up with those who had been at
traced to the trial OF the Coroner. Nothing
could have been more conclusive as to The
public interest lelt IN that trial. posse OF
policemen from the city Han precinct were
already at the doors OF the Court House,
however, and only admitted those who were prop.
ery entitled to an entrance. Hundreds were,
consequently, obliged TO remain out. They lined
the sidewalk opposite; they occupied every step
OF the unfinished stone stairway or the Court
Rouse and they stood down the street toward
Centre the way by which Croker was to be
brought from his cell In the Tombs, ii was gener.
ally thought, Tor tue last time. Among these hun
dreds were many men prominent IN the public
eye, and the sole matter OF interest among all
was the trial, the decision in which was stu waut.
ing sympathy was expressed for the prisoner,
but the TACT OF the jury being out long looked
ominous to those who understood the methods ot
courts and juries.
AS the hour advanced the crowd became more
dense and the excitement was intense. Al the
hour OF eleven approached those more lmme.
diately interested began to arrive and entered the
building. Among these was Mr.. John Kelly,
who subsequently sat near the prisoner
THE JURY.
The Jury, which had retired at ten minutes past
seven the evening before, had come back 10
ask questions at hall. past nine, and were
finally locked up at forty minutes past eleven Tor
the night. had remained In their room discus.
sing the questions presented to them. The ob.
Ject OF returning for the testimony Of Johnson
that Of the Jury insisted that this witness
was not certain whether Croker had pistol OF
not. 1t proved that Johnson said he saw Croker,
and salt he had no pistol. Upon this point
the discussion continued, some OF the Jury
lying down on the benches, Others sitting around,
ana every man entering into the argument.
1t was long and wholly proftess dis.
cussion, as at daylight the jurymen stood
precisely In the same position as they
did when they first entered the room, not
one having changed In the slightest his original
opinion. At daylight 1t became evident that
further discussion was entirely useless, and the
jury reirained, some sleeping and others lying
OF their room were anything but pleasant, but
complaint was useless and was not INDUCED ip.
The PRISONER.
After the strain and trial oil the night before,
when Coroner Croker had undergone an ordeal all
the more severe tnat 1t was unexpected las he mad
been led by his friends TO believe that an
immediate acquitta was certatn), he took
llgnt supper and was tnen conducted back TO the
Tombs where ne enIered once more cell he had
hoped in the morning never to see again. He.
however, spite OF his anxiety and the suffering OF
minutes to eleven, he was brought into court yes
terday morning. he looked fresh, but much moro
room. roo according to the order Of Justice Barrett.
was not allowed TO be so full as on the previous
AI 4 lew minutes before eleven Messra Wingate,
clinton and Fellows counsel for the prisoner en-.
tered the room and TOOK their accustomed seats.
ana Lyons. MIR. Benjamin K. Phelps was not
present Around the prisoner sat the same mum.
Der OF sympathizers and friends VINO had been with
him on the evening before.
At three minutes past eleven Justice Barrett
entered the court room and took his seat upon the
bench. sts
He told the Crier to summon the jury to come
into court. and five minutes after they filed lnI0
their seats, looking very seedy and very solemn.
CLERK Sparks-Gentlemen OF the .nry. you VIII
Eacn Juror answered present TO his name
| Judge Barrett-Have You agreed upon verdict
! me foreman then arose 10 his seat and handed q
sealed communication to the Judge, who TOOK 10
sd repe 9psnea m sa there an Obi no 10
my reading this communication aloud ~
| The members Of the jury slgnlded that there was
| Judge Barrett thereupon read the note. which
in substance stated tuat the jury had been from
that the possibility OF their agreeing was hopeless.
That indeed they mad ceased to discuss the Ques-
tion since daylight and until the time when they
were brought into the court room.
After Judge Barrett read the letter he said:--
edge OF the care which you have gentlemen OF
the Jury, given TO the case. and the intelligence
it to be my duty to keep you no longer together,
regard 1t as very significant, however, that the
divided '' as 70 the guilt, and that SIX q the
jury should consider the possibility Of its
having been the prisoner VINO fred the
shot. Had there been simply difference Of opin-
ION among one or two OF your number should
consider it my duty to have kept you together
longer In an attempt to arrive at u verdict. But
you stand so equally divided after seventeen hours
hard work, and am compelled to discharge you.
IT. however, you think there Is the slightest possi-
bliity OF your arriving nj verdict shall still keep
yOu together 8xt.# rH
Judge Barrett-1heu YOU DISCHARGED
Mr.. Cllnton-i beg the attention Of the Court for
how the jury stood ana would request Your
Honor to ask the jury as to what degree of gullt
wao were ~ aV9r W ni 81 s10Oa out
Your Honor viii III understand that speak Of tue
Judge Barrett-I snail not interrogate the Jury
on the subject. Gentlemen, You are discharged.
Mr.. Clinton SAID ne should make the motion ioS
the e. Court n was then adjourned and an imme
was was led down to the sherifrs ONCE where he re.
NAMED until the crowd had dispersed, when ne
quietly walked to the Tombs
The result OF the case was q general surprise u
everybody. as nobody seemed to have anticipated
such q result to the trial OF coroner Croker.
HOW THE JURY STOOD.
For Acanittal-Henry II. Bowers Second Jury.
mani. Freeman Bloodgood poartn juryman).
nlnth juryman), Louis 0uvrler ltentn jurymanj.
'Tn For convic cion~Na lhaniel j. " Lecato trore.
manl. Henry McGregor fthird jurymanl, Richard
noy moos eaSss SSys
Juryman), George ". Young nintn juryman).
stood have been prepared to go Tor acquttal and
Is said to have stated his Willingness 10 do
so In the jury room but went over to the side OF
those In favor 0! conviction simply because as II
was evident that a disagreement was certain, /,
was thought better the jury should stand six Il
six. Mr. McGregor only voted this way, 1t Is said,
ior the purpose OF equaiizng the vote so as 10 b,
discharged II was believed that II the jury had
stood seven 10 i've Judge Barrett might have kept
them IN much longer.
WHAT THE JuRYMEN SAY.
A HERALD reporter interviewed several OF the
jurymen on the question as TO now they reached
their point or disagreement
MIR. Lecato, tue foreman OF the Jury, said that
while he would not mention who were IN favor
aud who were against Croker he would say that
from the first ballot that was taken In the Jury