Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1875-07-07
Nine to Three.

uOre llltOn against Rev. ii, w. Beech
er break tasted, aud then sent note to
Judge Nelson that it was lnposs lble
Tor them to agree. The Judge returned
an answer that he would be at the Court
at IL clock, aud would then send for
the counsel and communicates with the
jury at that hour.
Whea bis honor stepped into his
private room, there were then assem-
bled in the court nearly the same
groups of Plymouth people as we're
there yesterday. Mrs. Beecher came
in with Deacon Howard All standing
room was occupied by | o'clock. Ten
minutes later Judge Nelson took his
seat and Was followed by lawyers Por-
ter, Shearman, Abbott, Hill and Tracy
for defendant, and Morris and Pearsall
for the plaintiff.
At seventeen minutes past II, the
jury filed into the Court, looking as if
they had passed sleepless night. La
reply to the question, Gentlemen Of
the jury have you agreed upon ver-
dlct!' foreman Carpenter replied
owe have not, Your Honor We re-
greet it very much that we find it i'm
possible to agree. F"
Judge Nelson stated that he had
learned by note from the jury early
this morning that in their opinion they
should be discharged as they could not
agree. and some OF their number were
suffering in health. He experienced
the force OF that application very
strongly, and had called them in now
at the earliest moment, giving to the
counsel and others an opportunity of
beiug present. AS they We're about to
separate be would Ike them to carry
away kindly recollections. and, SO lar
as they could, remove whatever cha
grin they felt at being detained so long.
He wished them to recollect the fact
that not until yesterday did they sug-
gest that they could not agree, and
that the suggestion came from their
foreman, signed By eleven and accom-
panied by another from juror who
thought an agreement was possible.
While he had perfect regard and con-
6dence i'll the opiuion of the eleventh.
and the explanation Of the foreman. he
thought something was due the twelfth
juryman. His honor had the same
thing on his MUD yesterday at 4 o.
clock, and he allowed Juryman Taylor
to devote his time in bringing about an
agreement 80 tar as he could. He
learned from note that they we're un-
able to agree, and that the disagree
ment was owing to the weight of testi-
mony and incredibility of some of the
witnesses, and it appeared to his honor,
AID every person conversant with it,
impossible for him to help them by any
suggestions Not even in his char ; 9
could he find means of helping them
on that point. The weight of testi-
mony rested with the jury. 1t was
for them to say what witnesses they
could believe. and whatw illnesses they
could not The Court had no right to
interfere. He was glad to be assured
that the disagreement did not come
from any want of attention on his pa, t..
and God knew there were some points
on which be could do nothing
There was one point to which atten-
ton had been called, and he would like
to learn from them explicitly; that the
application to take further testimony
had not III any way clouded their Wis
ion or occupied their thoughts directly
or indirectly.
Foreman Carpenter assured Judge
Nelson that he was right. He had
questioned many of the jury and they
all told him that they had it not in
their thoughts at all.
The Judge said he was much graft
fed to hear that, and since they had
told him they could not agree he would
therefore discharge them
The Clerk then stated that thew were
now discharged.
Juryman ThayerTarose then and said
he wished IL TO De distinctly understood
that the jury did not stand IL to l, as
rumor had it.
Judge Nelson then asked them to
remain seated a few moments, as pho
tographer wished to take likeness,
but Juryman Jeffreys 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.
Mrs. Beecher went to the RAILING and
shook hands with each juryman as be
passed.
The Jury were all spoken to as to
how they stood; to which they replied
that they stood 8 to 3 for aequittal.
But the names Of the jurors on either
side they had taken an oath not to re-
veal Mr.. TiIton and Mr.. Moulton
entered the court room few minutes
before the jury, but were unable to get
to the front, and stood near the door
until the proceedings ended. AS the
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