The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-01
THE COU RTS.


Another Sunday In the United states
Circuit Court-The Jury Locked Up
Twenty-seven Hours-They Disagree
and Are Discharged without . ver-
diet.
Yesterday morning Judge Benedict came over
from Brooklyn and took his seat on the bench In
the United States Circuit Court room, No. ~ Cham.
oers street. shortly after O'Clock. At that hour
the jury who mad been locked up all night, made
their appearance. They seemed TO be terribly
faded and worn out there being no accommodation
for rest In tue room in which they were detained
except some chairs aud lounges.
In reply 10 the Clerk, who asked them II they had
agreed upon verdict,
Mr.. John r. RUSSELL Foreman, said in a very en-
pnatic and determined manner, mo, We have
noI'
Judge Benedict said-If thought the dlficulty
with this jury was that they failed to understand
the true issue IN this case, and all the circum-
stances bearing upon IT, | should teel It my duly 70
the dirfculty in the jury room 10 that some OF the
jurors are unwilling to consider these facts and
circumstances in their true 9ht and ain salts.
Ned Il they would do SO they would be able to come
10 a conclusion. II tins was civil case would
have right Go discharge you or direct verdict;
but IL being q criminal case l have no right to
direct verdict, and you Will, therefore. retire 10
your room ana conscientiously consider the facts
and circumstances bearing on the issue IN this
case. shall remain In the city until three O'CLOCK,
ana n do NOT drec
Al three O'Clock there was not the slightest sign
OF an agreement. IL was, however. rumored In
the court room that, rom the nrst moment the
jury went out they stood ten for q conviction and
two for acquitta this being exactly the way the
jury were divided on the first trial OF this case.
THE JURY DISCHARGED.
At halfpast 1--WE O'Clock Mr.. Thomas W. Shields,
Assistant Deputy Clerk received an order from
Judge Benedict TO the effect that II the jury had
not at that hour agreed they might be discharged
rhe jury were then called into the court room.
he
verdict
The Clerk-By direction OF Judge Benedict You
The jurors Immediately LETT the court room, ap-
parently very glad to get away.
OF the HERALD addressed him and said. 1.-The jury
being now discharged, 1t IS legitimate for you to
me Foreman-I think it proper to decline an
1t was stated that the two Jurors who have stood
out against conviction are the foreman and Mr.. j.
b. Williams. And thus has ended the second trial
OF Charles Calender. Possibly the government
may put him on trial for the third time. One or
TWO features OF the cause are, however, worth no.
1clng
AS already stated this is the second rutless trial
OF this CASE and it is an unfortunate thing that 1t
mas twice resulted in having the Jury locked up
Sunday-something very unusual in the admins
tration oil justice In this city, though 1t Is not con-
sabbath. on Friday, at nalf.past Jour O'Clock when
the testimony had closed on both sides, Judge Ben
eaet insisted on Mr. Mr. Fullerton proceeding with ms
complying with this request, complained or the
ha. dshp OF being then Obliged to 60 on with MS
address, atiguej as he said he was and having
had no time to arrange the matter he proposed to
discuss. nevertheless he concluded his address at
half past six O'Clock. and after that time the As
slslant District Attorney, Mr.. Purdy spoke Tor an
hour IN reply, when Judge Benedict adjourned the
Court TILL Saturday morning. II the Assls lant Dis
trict Attorney had concluded his speech on FRIDAY
night this would have enabled the Judge to charge
the Jury at at early hour on saturday morning
and gwen them the whole OF that day for con-
slderation OF the case But the District Attorney,
IN addition TO his hours speech on Friday night,
spoke for nearly tour hours on Saturday as was his
UndOubted right, and the result was TO keep the
case from the jury until nearly three O'Clock IN the
afternoon OF saturday. II the Court during the early
place OF four, this case would not have occupied
30 much Of the public time, and most certainly the
necessity Of locking up the jury en- Sunday-a most
unusual thing in our state or federal courts
would have been avoided. the Jury In tnls case
under the order OF the Judge have been kept in de-
liberation Tor rwenty-seven hours. II may be here
noticed That in an important libel suit recently
tried in the Court OF Queens Bench in Ireland
IN the course OF two hours three times announced
that there was no possibility OF their agreeing,
and, at the expiration OF that brief period, they
were discharged. They were considering merely
liberty, and kept locked up but Tor two hours,
while in the Calender case, involving the liberty
OF the citizen the jury have been actually de tanned
In their room for twenty-seven hours.
We carefully ABSTAIN from any comment what.
ever, either In regard 10 the guilt or innocence OF
the accused. That Is to be determined by Jury
n the matter should ever again be brought forward
for judicial inquiry; and the report prevailing in
the court room in the afternoon OF yesterday was
that It would be. In many aspects the case has
been remarkable, revealing as it does some curl
GUS features in regard to banks and banking In
thus city.