The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-07-02
THE SCANDAL.
And Still they are Out
Eleven Jurors think an Agree
ment Impossible.
The Case against Loeder
RumOr that MOultOn and Morris will be
Arrested for Conspiracy.
DR.. BuddingtOn makes a State
Inent.


ment.
BROOKLYN, July 1.-At 11.45 there was a
fearful rush into the city court, consequent on
the report that Judge Nelson had received
communications from the jury. and that the
judge had thereupon sent for counsel and for
Titon and Beecher.
At 1.25 the judge took his place ON the bench
and the counsel for Tilton came in Beach
was received with applause, and there was an
outburst when Evarts, Tracy Abbott and Shear
man came in. The counsel all looked solemn.
After the applause had subsidized dead silence
prevailed. All eyes were turned towards the
door by which the jurors were to enter.
AT 1,32 a rap was heard at the door, the eff
Ger opened it and in walked the jury. The
judge requested everybody to keep still, aud
then the roll of the jury was called. They had
disagreed.
After the disagreement was announced the
judge addressing the jury, said:
Gentlemen, l learn from a communication
from you that there is difference between
you. want to know if it is of fact or law.
Foreman-It is impossible for US to agree;
that is my decided bell #.
Judge-Whch is it, of fact or law?
Foreman-Of fact.
Judge-You see the embarl assment the court
is under. The evidence was very fully discus.
sed and was then given to the jury, and al
though this is your sixth day out, L received
from you day the first ntimation that you
were not likely to agree. My impression was
that you had a right to remain cut without in
truslon, even from the COURT Until you re-
quested the assistance of the court, could send
nothing to you without consent of the counsel
ON both sides, and they agreed to let you have
the evidence. and they believed the jury were
doing all they could towards agreement in thus
continuing their deliberations; aud not doubt.
ing your ability and industry, gentlemen, it is
difficult to find a case where agreement by the
jury would be more desirable. Attention has
been called to the fact that after the close of
argument some papers were handed up to me
in application to receive more evidence, and
the next morning l denied the application.
The subject matter of the evidence was not
stated to the counsel for the defendant. 1
thought proper to deny that motion, assumed
that the jury would forget that evidence, and
not allow their minds to be disturbed by it. OF
course it is a matter that you do not think of.
l assume that you do not know. Now would it
be suitable or convenient to state to me some
questions that SAVIOR of the questions of law
on which L can Instruct you?
Foreman-It is difference of fact. must
say there is not the slightest prospect of our
agreeing
Judge-Do you speak for all the jury?
Foreman-There is but one man on the jury
who thinks that an agreement is possible
Judge-I have a note from one of the iu nv
which says he thinks further examination of
the testimony might be made, and l feel so
strongly myself, Remember what have said
to you about the importance of an agreement.
Retire to your room, give the subject further
consideration and report to me about four
O'Clock in the afternoon
The jury then retired.
,Juryman Flatt looked very ill and he was
observed to trembe while sitting in his chair.
Some insist that the foreman has announced
that they stand II to 1, and juryman Thayer
has been singled out as the obstinate one in
consequence of fancied frown of defiance
which they say he directed to the Beecher
party when passing out. What the foreman
agreement was possible. The jury looked very
fatigued, especially the foreman and young
Flat. The jury on returning engaged in the
warmest debate they have had yet
The same parties who were present this
morning were in attendance at 4 D. m, Mrs.
Beecher, Mrs. Col. Beecher Moses Beach and
Judge Porter arrived together at $50. Mrs.
Field, Mrs. Howard and Mrs. Murray sat in
the same row OF chairs as the Beecher family
AS everybody who could find room inside was
than ever, and resounded with discussions,
jokes and laughter. AT o'clock Tilton and a
gentleman friend came in. About halt the au.
dience clapped hands for him. Then usher
Caldwell came in, carrying chair in his hand.
Audience greeted him with laughter and clap
ping OF hands. Deacon Caldwell entering with
an uplifted chair was greeted with applause
and laughter. The negro witness, Woo1leigh,
was amongst the audience. He declares Co1n-
seilor Beach. though able to read the Script
ures, Is mot able to expound them. At twenty
minutes to five Judge Nelson come into court
and made the announcement out of considera-
ton for the audience, that he would not send
TOR the jury tonight His honor was loudly ap-
pauded. Court room was then cleared ard
locked Ninety five reporters and other news
paper men were counted in court today.
Below is the correspondence with the iury
alluded to by Judge Nelson:
May it please the Court-We think there is
no possibility OF our agreeing on verdict and
Carpenter. A. r. Case, Griffin B. Halstead
Edward Wheelan, Henry Thayer, William r.
jeffrey, George Hull, John M. Munna Chris.
TOPPER Filter, VIM. ii. Davis, Samuel Flatt
(Juryman Taylor to the Judge)-May 1t
please the Court don't think we ought to be
discharged just yet We are still discussing
the evidence, and think we could profitable
stay out longer.
JOHN f. TAYLOR.
The Judge says he will not take commune
cation from the jury to- might.
Dr. Buddington ON the LOeder Story.
Rev. DR.. Buddington said to a reporter this
evening that he was indignant at the state.
ment in Brooklyn paper, connecting him with
the Loeder and Price matter. The attack was
unklnd and gratuitous, and due to the Fart he
had in calling the Brooklyn council in refer.
ence to Plymouth church, and which council
ship. The fellowship of churches depends
upon whether Plymouth church shall satisfy
the churches converting the council of their sin
cere reputation OF acts complained Of The
matters submitted to the council were distinct
from the question Of Beechers guilt or limo.
cence submitted to the jury.
The Case of LOeder and Price.
The case of Joseph Loeder, the upholsterer.
accused of swearing to false affidavits against
Beecher, was resumed in the third district
court in Brooklyn day. The court room was
packed with spectators.
Joseph M. Pearsall was first called to the
stand. He testified he was a clerk of Morris &
Pearsall, and also notary public. He knew
both I.oeder and Price. He first saw Price in
the office at his employers. On the same date
the witness met Morris on the sidewalk, who
wished him to swear Loeder and Price. On
entering the office he found the afidavits partly
drawn up Judge Morris, Gen. Pryor and Mr..
Mouton were present Tilton was in the ba k
office Tilton had nothing to do with the affi-
davlt Loeder's affiavit was furnished by Moul-
Ton, after which 1T was read by Gen. Pryor and
signed by Loeder, who carefully read it before
afixing his signature. Prices affidavit was
sworn to at the same time.
After more evidence was submitted in the
Loeder case the Judge refused to admit him to
bail and the case went over to to morrow.
A Rumer that MouIton and Morri, will
be Arrested.
New YORK, July 1.-The Brooklyn Union
says: There was runner around the court room
this afternoon that on the return of Francis d.
Monlton t, the city he will be arrested on the
charge Of conspiracy. The basis of this charge,
it is said, will be the testimony of Joseph M.
Pearsall, one of the clerks of the firm of Nor.
ris & Pearsall, at Judge Riey's court this
morning to the effect that it was Moulton who
drew up the affidavits of Loeder and Pfice, as
published elsewhere. Beecher's lawyers are
reticent on the subject, but it is claimed that
an effort will be made to arrest S. D. Morris.
Bowen Makes Statement
Mr.. Henry c. Bowen prints the following
editorial in the independent:
THE statements that have been repeated by
the counsel to the effect that Mr. Henry G.
Bowen took. as the avowed friend of Mr.. Til
ton, note to Mr.. Beecher demanding his resig-
nation. and that on meeting Mr.. Beecher he
treacherously abandoned Mr.. Tilton to assist
Mr.. Beecher, are utterly false. Mr.. Bowen
plainly told Mr.. Titon at the interview with
him that be was on friendly terms with Mr..
Beecher. He urged Mr.. Tilton, if he had any,
thing against Mr. Beecher, 10 go 10 him with
his complaint, as the Scrptural command re-
quires, and wnen Mr.. Tilton said that he did
not dare to, because he was afraid that he