The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1875-07-08

7
weight of testimony and the CREDIBLE
OF some witnesses aud it appeared to
his honor, aud 10 every person con-
versant with the case, that it was inn
possible for him 10 help them bv any
suggestions: not even in his charge
coald he find means of helping them
on that point. The weight OF testimo-
ny rested with the jury; it was for
them to say what witnesses they could
believe and what witnesses they could
not believe. The court had no right
to interfere, and was glad 10 be assured
that the disagreement did not arise
! from the want of attention on his part:
God knew that these were points on
which he could do nothing. There
was one point to which attention had
been called, and he would like to learn
from them explicitly that the applica-
ton TO take further testimony had not
in any way clouded their vision or oc-
cupied their thought directly or indi-
rectly. Foreman Carpenter assured
Judge Nelson that he was right; he
had questioned many of the jury and
they all told him that they had not had
it in their thoughts at all. The Judge
said he was much gratitied to hear
that, and since they told him they
could not agree, he would discharge
them. The clerk then stated that they
were discharged jurymen. Taylor
arose and said he wished il distinctly
understood that the jury did not stand
eleven to one as rumor had it. Judge
Nelson then asked them TO remain
seated Il few minutes, as photograph
-iel. 10, tof- q, 1ii-apauc hut In
man Jeflray objected and the Judge
allowed them to leave the court.
The room was then in confusion,
every person crowding forward TO have
word with the jurymen. Mr.. Beecher
went 10 the railing and shook hands
with each juryman. As he passed the
Jurors were all spoken to as to how
they stood, to which thep replied that
they stood nine to three for acquttal,
but the names Of the jurors on either
side they had taken oath not to reveal.
Mr.. Tilton and Mr.. Moulton entered
the court room q few moments before |
the jurors, bat were unable to get to /
the front. and stood near the door until |
the proceedings ended. As the jury !
men passed into the corridors and |
passages. they were besieged with 1
questions. to which they replied by !
shaking their heads. Mrs Beccher
left the court room with the Plymouth 4
lhrong, aud the court room was then /
cleared of spectators. Thus ended The !
great Tilton-Deecher scandal suit.
The Jurors for Tillon are said TO be /
Jeffrey, Hall and Davis. Tilton says |
the result IS 4 moral victory for him. /
Moulton has card in the Argus, say
ing that as the Tribune reported he I
was to be arrested for subornation or
perjury, he has come back, and now
let them arrest him.
Notwithstanding the fact that all the
jurors stated they had taken a solemn
oath never 10 reveal the secrets of the
iurv room, the following has been as
certained bv interyiewers: One Juror
said we stood to-day precisely as we
did when we went up stairs i'll the
jury room eight days ago. Another
Juror stated that at one time the jury
stood eleven TO one, again nine TO three,
and still later five to seven. There
was an irrecencilablc difference of
opinion as to the crcdibility of witnes-
scs on either side. One juryman said
az times the discussions were very an
mated. When the jury retired a week
ago there was n small majority for the
but after the evidence was
received from Judge Nelson the result
was to throw the benefit of certain
doubt in favor of the defendant. Still
another Juror said that at one time the
tide in favor OF Bcecher was pretty
low it was even less than three. At
another time the jury stood six to six.
A Union reporter learned from a
semi-authoratiye source, when the
jury retired they stood seven to five
seven for Beccher, four for Tilton and
one doubtful, though leaning to Til
ton. This doubtful man subsequently,
came over to Beechcr and on the sec
ond ballot the jury stood eight for
Beecher and Jour for Tilton. When
the evidence WAS requested and sent
up to the jury, one of the four, after
its examination, went over to Beecher's
side.
On the final ballot, they stood nine
for Beecher and three for Tilton.
The EGGIe saws, Saturday morning
4 few Bcecher jurymcn who had beer
using gigantic efforts to convert JEFF
rrev. Davis and Fotc to their side,
lad so far succeeded that those gentle
nen at last consented TO bring in .
lerdict for Beechcr. Had they then ,
been summoned 10 the court room,
3eecher would have gone forth with q
declaration of his innocence by the
.welve men sworn to decide on the
charges against him, by the evidence /
and allowed by court dur
ng the trial. Some were iii favor of
yoing into court at once, but, uniortu-
lately for Bcecher. it was determi ied {
hey should delay their return to the ,
court room until eight O'clock that
evening, when they would hand to the
Judge a sealed verdict. AT this mo- {
ncnt of supreme importance, one of
he Beecher men made an indiscreet ,
'emark which, though in no way af-
Getting the evi'ence in the case, occa-
ioned 4 tiutter Of undue excitement,
md had the effect of alternating the c
from the majority Thus the
work Of many hours tedious and con-
cicntious argument was cheated of
is result and gloom thrown over the
'uture deliberations of the jury which {
,ould not be dispelled. Persistent ,
Efforts were made TO countcract the ,
but the minority, con-
listing of Messrs. jeffrey. Flotc aud c
Davis returning to the ground which |
hey had compactcd not to abandon, !
declined to hold any fur
her argument OF the case, they were
determined to stand by Triton. On a
sunday there was no ballotine, as Q
many of the jurymen had religious a
IDEAS and declined from doing so. The ;
'allot, however, Monday, showed that
hey had returned to Tilton, as the n
ote stood nine for Bcecher, three for II
'ilton, and from the count there was /,
70 variation. Sherman said that coun- =
ell for the defense had been visited
cveral times by friend of one man o
n the jury, who intimatcd that his v
ote could be purchased. Sherman r,
eclined TO state whether they would y,
love for a trial by placing the case on l
he calendar. That as soon as it is g
allied q motion viii be made for a.
hanGe of venue. II
At the Plymouth Church. Friday :,
light prayer meeting, the entire .
eecher family and the membership of CO
le church were present. Beecher, i'll