The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-05-06
End of the Libel Trial.

End of the Libel Trial.
The libel case against the Charleston Ne'os
ond Courier ended on Tuesday afternoon, 9th
of Abril. The Jury disagreed, and at one time
eleven voted for an acquittal. Having failed
to agree upon verdict, Judge Reed ordered a
mistrial, which is equivalent to an end of the
great case. We copy the proceedings of Tues
day from the Nea0s and Courier
DEFYING THE COURT.
On Monday night when the jury were sent
to their room to deliberate upon the case, and
when the bailiffs nominated by the sheriff to
take charge of the jury for the night were
sworn in, Gen. Conner asked that special bail
ifs be appointed by the Court on behalf of
the defendant, to see that no communication
should be had with the Jurors. Judge Reed
stated that he did not think it would be neces-
sary to make appointments, but that the defen-
dant would be. allowed to place guard in the
neighborhood of the jury room for the purpose
stated. The gentleman selected to act as such
guard went at once to the door of the jury
room, and very soon afterwards was told by
Bowen's bailifs that he could not be allowed
to remain there He was then arrested and
taken before Bowen himself, who refused to
allow him to remain there. Word was sent to
Judge Reed, who at once issued an order to
Sheriff Bowen and his Deputies in the follow
ing words:
have not exceeding two persons, to remain near
the door of the jury room on the outside, and
see what transpires, and they must not be mo-
Tested. {Signed) J.P. REED"
This order was handed to Deputy Sheriff
Ostendorf, who delivered it to Sheriff Bowen,
who informed the two gentlemen, selected in
accordance with the order, that it was not suf-
cient authority, and they were, accordingly,
not allowed to remain. Recourse was again
had to Judge Reed, whose subordinate, the
Sheriff, had, for the second time, deliberately
disobeyed his ORDERS and the Judge, at a late
hour of the night, went in person to the Court
House and appointed the two gentlemen Sc
lected by the defendant as special baiiffs, in
the same way as those nominated by Bowen.
The special bailifs on the part of the defend
ant kept watch at the door of the jury-room all
night and one of them accompanied any juror
who, for any purpose, left the jury-room. 1t
was noticeable that, early on Tuesday morning,
when this w. II. Ahrens left the jury-room,
Bowen's bailif, who had him in charge, en-
deavored to persuade the special bailif, who
was with them, to leave them together. But
this attempt to secure private communication
with Ahrens was frustrated by the vigilance of
the special bailif.
- J. THE JURY HUNG.
At nine o'clock yesterday morning Judge
Reed arrived at the Court House and sent for
the jury, who shortly afterwards came into
Court. Upon being asked if they had agreed
upon verdict, the foreman, Mr.. A. j. White,
Jr., replied in the negative He added that
there was no prospect whatever of the jury |
ever coming to an agreement. O
Judge Reed replied, that he was sorry for
that, but he saw no reason why they could not
agree upon verdict, unless there were some |
members of the jury who had gone into the
box with bias or prejudice. He informed
them, that if they wished to be informed upon
any point of law, they could through their
foreman ask the Court, who would be glad to
explain any matter about which there was a
contrary understanding.
Mr.. Corbin objected to the Court giving any
further explanation. The Judge had charged
the jury fully; in that charge he had told them
they were sole judges of the lada and the fact.
He thought further explanation unnecessary.
If the jury could not agree, then the Court, af-
ter using its discretion concerning the length
of time that they should be kept out, would be
compelled to order a mistrial.
The foreman of the jury announced that
after consultation the members of the jury had
determined that they would ask no. questions
The Court then ordered breakfast to be sent to
the iurymen, and instructed the foreman that
he was in charge Of the jury, and should en-
force order He also added that if anything
wrong occurred, or if he had reason to believe |
that bad influences had been brought to bear
upon any of the members Of the jury, he
should report it to the Court. Gentlemen"
the Judge continued, ''you are the representa-
tiyes of the County-of the State on the one
hand, and of thedefendant on the other. There
is nothing in the case to prevent you from
agreeing. You must put away from your
minds every thought of the actors in this case,
their political or their social relations to each
other Your minds should be like a blank
piece of paper, to receive the imprint of the
truth as you believe it to have been presented
here"
Two bailifs were then sworn in, one nomi
mated by the Sheriff and one by the defendant,
and the Jury were sent back to their room.
-. NO AGREEMENT.
At half-past one o'clock a constable was sent
to inquire whether there was likely to be an
agreement, and word was brought back that
the foreman had said, there was not the slight
ment Upon which the Court adjourned until
8 o'clock p. m.
THE JURY DISCHARGED.
at o'clock the Court again met and the
1ury were again sent for and conducted into
the courtroom. In reply to the question from
the Court as to whether they had yet agreed
upon verdict, the foreman again replied in
the negative, and added further, that he didn't
think they ever would.
Judge Reed asked if the Court could give
them any assistance in the way of information
as to the law of the case.
The foreman replied that he thought not,
but that any member of the jury who desired
it might ask.
The Judge then read the Statutory provision
in regard to the discharge of jury in the
event of their failing to agree upon verdict:
The foreman reiterated that it was as we'll
settled then as it ever would be, that if they
staid in their room for month they would be
just where they were now. That it seemed