The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-07-02
BEEeHER.TILToN.
The Jury Called in..AIr. Carpen.
ter, the Foreman, Declares Il
Impossible for Them 10 AgFee--
Judge Nelson COnSultS With
Them and Finally Sends Them
Rnclk Tor Further DeliheFnliOn.

IeFs t0e Foreman, Declares II
Impossible for Them 10 Agree
Judge Nelson COnSultS with
Them and Finally Sends Them
Rack for Further DelibeFNliOn'
New YoRK, July LOT the counsel
for Beecher the signature Of Evarts only
is wanting to invite counsel for TiltOn "a
unite with them in asking Judge Nelson
to call the jury into Court that they may
be informed that the alleged newly dis.
covered evidence embodied in the afida.
Wit Of Loeder and Price was fabrication,
that one OF the authors had been arrested
for perjury, and that the other had con-
fessed.
The jury have been sent for and arc
now (half-past u o'clock entering the
Court room, The Court room Is now
crowded with people awaiting the arrival
OF The counsel, who have been sent for,
the jury having entered the Court.
This forenoon Judge Nelson received
u communication from the jury but de-
clined to make the contents known, but
Immediately sent for the counsel.
Shortly before II o'clock Mrs. BeeCher
looked in ut the court room, returning
at II, when she was loudly applauded, and
took chair. When II was rumored that
the jury were coming into court the usual
large crowd in the meantime had assem-
bled waiting for the arrival Of the cOun.
sci.
The counsel having arrived, q consulta-
ton took place in Judge Nelson's room,
At its conclusion the Judge took his scat
on the bench, and at l;37 the jury came
in and took their seats, looking pale and
exhausted. Some OF them carried coats
and travelling bags in their hands, from
which the audience augured that they had
come 10 an agreement and were prepared
TO leave the court. Judge Nelson re.
quested that the utmost silence be oh.
served in the court during the, proceed.
ings. Clerk Madison called the jury, who
answered to their names In low tones,
Judge Nelson then said he was very sorry
that they could not agree, and asked them
II the disputed question was one OF facto
one Of law, Mr.. Carpenter, speaking in q
low voice, stated that It was
IMPOSSIBLE FOR THE JURY TO AGREE,
and that he regretted 1t very much. The
question Of disagreement was one Of fact,
Judge Nelson then called attention to
the length OF the trial, aud said that was
the first intimation he had had from the
the jury. In our embarrassment said
he, various considerations have been
pressed on our attention. Attention had
been called 10 the fact that after the ar
gumcnt, and before the charge, some
papers had been handed up to him. He
had examined them that evening, and
denied the motion for reopening the case.
Assuming for n moment that the jury
would forget that subject, he would like
10 know II anything was lingering in their
minds with regard to the matter, and
asked them II It would DO suitable for
them to state 10 him any questions Of
law or fact which disturbed them.
Mr.. Carpenter repeated that II was
simply question Of fact, and that
NO AGREEMENT WAS POSSIBLE,
that in month they would be no nearer
nm agreement than they were to-day. lie
said that he spoke for eleven OF the Jurors
when he said he believed that an agree
ment was impossible, and that there was
only one man who believed that they
could ever reach q unanimous Conclu.
sion. Judge Nelson spoke to them OF
the importance Of the case and asked
them to give it their further COnsidera-
tion, requesting them, for that purpose,
to retire again to their rooms and de-
liberate upon it further and communi-
Cate with him about 4 o'clock. Carpen-
ter asked how they should communicate
with him him, to which he replied hat
It did not make any difference. AT twenty
minutes Of two o'clock the Jury left the
court room ascending to room the from
which they came.
At twenty minutes to five o'clock Judge
Nelson entered the court room and said
that after due consideration he had ar
rived at the conclusion not to call the
Jury In to-day, and that he would take
the opportunity Of stating to the re-
pOrtcrs In attendance that he would give
them an hours notice when the jury were
to be called. The Judge then left the
bench and the court was cleared Of
spectators.
Some persons In the courtroom got
the idea from the remarks OF the foreman
(Carpenter) that the jury stood II to l..
The fact is, as explained by General
Tracy, Of Beccher's counsel, that Carpen.
tor simply meant to convey The idea that
eleven Of the jurors had made up their
minds that II was impossible for them
to agree, while the twelfth deemed fur.
ther examination Of evidence desirable,
and thought 1t might lead to n verdict.
Below Is the correspondence with the
jury alluded to by Judge Nelson;
May 1t please the Court, we think there
Is no possibility OF our agreeing on a
verdict, and we respectfully ask to be dis
charged.
CHESTER CARPENTER. SAMUEL FLATE.
CRiFPIS u HALsTRAD. A. d. CAsR.
HENRY Tlll.R EDWARD WHGLRN,
GEORGE lluLL. WM. T. JEFFREY.
CHRISTOPHER FILTER IoiiS McMiMM.
WIN. H. DAVIS.
May II please the Court, l don't think
We ought TO be discharged Just yet. We
are still discussing the evidence, and l
think we could proftably stay out longer.