The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-30
TIE OCEAN BANK CASE.

Trial OF Cailender-,The Jury Locked Up
for Thirty Hours and are Discharged
Sunday In the United States Circuit
Court.
1t will be seen from the proceedings reported
below that the jury in the case of Charles Callen
der spent the whole OF saturday night locked up
In room in the United States Court, No. 81 Cham
bers street. without being able to agree to ver-
dict. and that on yesterday they were sent back
on three occasions by the Judge to continue their
deliberations. The defendant, as we have already
stated was indicted for having accepted bride
OF $4,000 from the Ocean National Bank, of this
city, to influence his official action bank ex-
aminer. The trial. which Is one OF considerable
interest to the banking and mercantile community
OF this city, has lasted thirteen days.
Yesterday morning, about hafpast ten O'Clock,
Judge Benedict entered the court room, and the
jury. who had been locked up all night were called
IN. They stated that they were unable to agree and
were about asking the Judge for some direction
when Judge Benedict said as counsel, both for the
government and the defendant were absent he
could not now give them any direction. He re-
quested them to retire again, stating that he would
return at three O'Clock. The jury retired.
At twenty minutes past three Judge Benedict
took his seat on the bench and said-"From your
statement that it is impossible for you to agree
charged 1t is not pleasant duty to keep you
together; but the Importance OF the case,
the condition In which the evidence stands, and
the sharpness OF the issue are such can be COM
pretended, and make II my duty to remand you to
o further consideration OF the matter Ii this were
a civil case, would have no hesitation. But there
has been yr eat trouble and expense IN presenting
to you the evidence on both sides That evidence
Is such as to bring an issue before you, and am
satisfied that you con comprehend what 1t Is proper
for you to decide. Having that opinion, 1t Is my
duty to remand you TO the custody of the officer
Deliberations
have any question 10 put, or any direction to ask,
you can do 1t now IN the presence OF COUNSEL"
A JurOr-It Is impossible for the jury TO agree
Judge Benedict feel 1t my duty, notwithstand-
ing the opinion OF the juryman, to remand the jury
ton OF the case and the clearness OF the ISSUE 1t
Is proper that the jury should decide this case so
that the parties may not again be put to the expense
OF another trial by another jury. regret 1t, but
my duty Obliges me.
A juryman on the back row said something
about humanity" that did not reach the reporters
in an ntellgible manner. and added III we give
a verdict it will be contrary to our feelings"
Judge Benedict am satisfied that the clearness
OF the issue and the evidence such that ir the
jurymen give that evidence the attention 1t de-
serves as bearing on the case, it Will be brought TO
A Juryman-WiH your Honor wait half an hour
for usS
Judge Benedict will.
As the jury were retiring looking very much
fatigued and haggard one Of them said 1--WE
have got SO far that we do not like to argue the
In place of waiting half an hour, the Judge re-
NAMED in mis- room nearly two hours and at "a
quarter to six O'Clock the jury again came into
court.
Judge Benedict said he had sent for them to re-
move from their minds an impression which prOba-
bly, existed that they were 10 conclude their DELHI
eratons before he left the building. That
was not So He was now leaving the
building but II they agreed Tonight an off,
Ger could bring him message and he would
come over and take their verdict. 1t had occurred
to him that perhaps, the offer made by counsel as
TO not summing up the case, but leaving 1t to his
(the Judge's) charge, might have created an i'm
preston in their own minds as TO the opinion he
entertained In the case. He did not treat that
offer Tor the purpose Of showing that he had or had
not an impression in the case. 1t was an offer
made by counsel ior their own purpose. He should
be glad to discharge them now, but his duty for
babe it. He was satisfied Chat proper considera-
ton OF the evidence would bring the jury to
proper conclusion, whichever way 1t was. This
was most desirable, so that there would be no
necessity of commencing the trial again. Refresh
ments would be provided for them.
Following the 0f1cer the jury again left Court for
the THIRD time to consider the case. They looked
almost completely worn out but said nothing.
At twenty-five minutes past ten O'Clock the jury
again came into Court, and as they said there was
no prospect of their agreement they were dis
charged. 1t is understood that ten were for con.
victi0n and two for acquittal. The defendant was
detained In custody, and to-day will probably be
called upon to renew his bail.