New-York tribune., 1875-07-02
Tile Jury IN COURT.

The CONT waited less than five inmates for the
coming of the jury. At exactly 1:3j p M. they filed
slowly into the room, Mr.. Carpenter leading. and
followed by Mr.. Jeffrey. Mr. Carpenter at once re-
suned his old seat, thus dsaipaing the rumOrs that
there had been dSScnslons in the juyTOom as to the
election of foreman. Little change was visible i'll
any of the jurors except Mr. Jeffrey. He look
ing paler than usual his voice, when answering the
Clerk in the calling of the iuryrol, weak, and
when he attempted to drink the glass of water
which he had asked for on entering, his hand
trembled violently with emotion, nervousness, or
illness. He was more closely observed than any
of the twelve, d seemed to feel this. This may
have accounted for his tremulousncss. The others
appeared weary, and listened to the Judge without
that apparently deep interest which Mr.. Carpenter
and Mr.. Jeffrey betrayed.
The count was soon brought to complete order and
stiffness by the Judge. who requested the audience
to keep perfect quiet and directed the Clerk to call
the Jury. When he had done 80, and the jurors had
answered to their names, the following conversation
ensued:
Judge Nelson learn from incaton received
that Nuu do uOt agree a. yet upon "A verdict.
Mr. Carpenter [the foreman No, sIT.
JuG &c NcsCn-And X the difference between you as To
a matter ot tact, legal matter u respect to which
e%gld orc several ponts Think Sir
that IT Is impossible for tis jury To agree; lreEet
very ruch Tua is nay oPlnon ana IL IL is IN, the opinion M OF
lons,r, but think it is without amy hope;
Judge Neson-Are the points to which you re:er mat
ters OF fact, or OF lawf
hide Nciison-Ycs, Sir You VIII perceive gentle
men, TIE embarrassment the Court is under in trial
occupy Ing several months before jury of great apparent
devotion and nncs, in the discharge Of thcr duy,
and in all ndns evidence ana with the evidence
fully very fully discussed by counsel, ten given to the
mIV Although this Is the sixth seventh day nat you
have been out, received to-day the inst su;-
gcston from the jury that they were not Likely
counsel should have put yself in communication with
the jury before, by way OF Inquiry whether you were
nkelS to agree except COnviciiO cOncurrci
IN bt some the counsel, that u uOt proper 10 in
terrupt jury when III the midst of eir dcbclations
and when they make no request OF the Court NY own
iIpcasOn was that you, IN your place had the right TO
even from tie Court, until You requested assistance
As H. the papers sent 10 yOu think you un icstand
counsel on both sdes ana bcieye an hat you nave re-
quCstcd in tlat respect was rually suplcd We nave
waited with great respect and conf cncc believing that
The Jury thus continuing tner deliberations without
making inquiries OF the Court were doing all that could
ability agree, because inability 10 agree often depends
upon the disposition or indslosition to agrec. OF
know what they would say II they were at lib
49, tn sneak on the subject, assume that
in he view and estimate OF all of us and Of all persons
connected with the ease aowcvcrrcnOtey mat the WISH
i, stroug thai there should be an agreement, that
tbcrc should be verdict 1hc mere humiliation TIE
part of court far as represent H. To spend some
months wItAOu getting verdict one way or the other
sa ss over. SUN mere is deeper interest than that
affecting the public, one afectlng me paitl"s so
that perhaps it would be difficult 10 lind any case
c.irable; so Imperative II might apply that word In
our sscnt while yOu have been silent al your
vur various considerations have been pressed upon our
allriun and attention OF counsel; ana pcflAIs tft
A. one subject winch may refer without at all reicc
ug uIon INTEL gcnce. or having you suppose thd
On mn part t!Idt you need any instruction Wha-
ever Attention called 10 the fact that, after
The argument aud before the charge some papers were
hauued np 10 me- understood and, Think stated heie
10 be on an application 10 receive further evidence ana
during Tie evening examined those papers as IL vas
assumed would, and next morning d. med thai appnci
tion IL was very informal counsel were not hcdiu :;
even the subject of the proposed evidence was
moi stated in hearing as II was stated 10 me- nor
-tate 10 Tic counsel The defendant Thought proper
rn DENY that application and assumed rom that ponent
Mai lc Jury would forget that circumstance; thdt
iry hw orn 10 decide according 10 the evidence actually
4, i0re them would not allow themselves iuf
moment " remember that there had been some
surge,lion about putting IN more evidence ana
Vet the minds OF many have been disturbed upon th
subec as II by possibility there might Do lingering III
the mind OF Of your number some thOugnt t.a
there Rad been further evidence ana nIi application iO
iis wouid Ike to feel gentlemen, that that
IA moi So and would like also " feel that you do not
rake n iii that call your attention 10 the suqect vi
course IL matter that you ought hot to think Oh nor
remember; II u not before you. Although IL cAle up
incidentally he form have suggested, thihk may
assume that YOU not allowed yourselves " thlnk of