New-York tribune., 1875-07-02


debate over the question of submitting the facts
of Prices confession and Leaders arrest to the
jury. Mr.. Evarts, Judge Porter, Mr. Shearman,
MIR. Tracy, and Mr.. Hill for the defendant, and Mr.
Beach and Mr.. Morris for the plaintiff were present
Although they had been specially summoned to re-
ceive the jury the conference probably arcsump
tion of the debate held Wednesday without result
At the same time the question Of discharging the
jurors when called was considered.
Mr.. Beach and Mr.. Morris insisted that the Jury
had been kept out long enough and ought to be dis
charged. They were exceedingly emphatic in their
arguments for the discharge of tho jnry Mr. Morris
spoke at length about the press of the country de-
manding the discharge of the jury, and said the ac
tiOn of the Court in retaining them would subject it
to great deal OF criticism. He asserted that there
was wide. spread demand for their discharge and
if they I'D any longer there would be great
deal Of clamor ABOUT it. He said it was species of
coercion, ana objected to their being kept in.
Mr.. Evarts. without saying much on this subject,
thought as We'll all his associates that it was a
matter which the Court was entirely competent to
take of. 1t was a case which had taken very
long time to =, and would take long time if tried
again. and the defendants counsel did not see why
the jury should not make further effort to agree.
Throughout the whole conference the plaintiff 3
counsel on this point betrayed evident anxiety
that there should be further coercion of the jury
by keeping them out longer.
The proposition was made by Mr.. Shcaman that
the facts that Price and Loader had confessed their
perjuries and already trial for their crimes
should be communicated to the jury. He argued That
the jury had gone to their with distorted and
magnfed idea of til character of this new evidence
to which the counsel for the plaintiff had given false
importance by Offering 1t ia court plea to reopen
he in his IA W. as
even more dangerous than if known and undis-
puted
Mr.. Beach denounced this proposition as most cx-
traordnary and unprofessonal and not to be enter
tanned for moment.
Mr.. Shealman retorted that it was not eXtraOr-
dinlry the conduct of counsel in Offering III open
court as newly discovered evidence that which was
known to them since May 13, a month previous :;
rather was it infamous the refusal to undo the
serious mischief which had been illegally and I'M
professionally done by allowing the facts discovered
since the jury went ont to 20 before them now.
This part of the conference is described having
been exciting than any of the stormy passages
which took place in the courtroom during the trial
1t was finally concluded that the Judge should
question the jurors whether or not they had given
consideration to this point, and if any had been
prejudiced OF Influenced by the matter, that he
should explain "a them the reasons why it was not
to be considered or accepted in any form. When
this decision SO reached the Judge directed the
jurors to be brought in lie took his place upon the
bench and the several lawyers filed into the court
room and resumed their old places Mcssrs. Beach
Norris and Pearsall entered first and were greeted
with applause; bat when Mr.. Evarts, cx-Judge Por-
ter, Mr.. Shearman, Gen. Tracy, and Mr.. Hi en-
tered shortly after, the applause repeated and
prolonged. Neither Mr.. Tilton. Mr. Pryor, nor Mr.
Fullerton was present. 1t now 1i2 o'clock
and the court room, except the gallery, packed
almost to suflocatiOn.