The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-07-03
BY TELEGRAPH
TO THE
WHEELING REGISTER.
Associated Press Report. by Western
Union Line, office Northwest cor.
of Main and 18th Sts.
THE JURY.
They are Discharged at Last.
Nine for Beecher, Three for
Tilton.
Moulton Publishes a Defiance

~ T." INN cNaJ 1StAi hAA'S A'iNt ~
ing the jury in the case of 7 ilton against
Beecher, breaktasted and sent a note to
the Judge, stating that it was impossible
for them to agree. The Judge returned
an answer that he would DO ut the court
ut 10 A. NJ, and would send for the coun-
sci and communicate with the jury. At
that hour his honor stepped into his
private room. There were then assem-
blcd in the court nearly the same group of
Plymouth people as were there yesterday.
Mrs. Beecher came in with Deacon
Howard. All the standing room was oc-
cupied by IL o'clock. Ten minutes later
Judge Nelson took his seat and was fol-
lowed by the lawyers. At II minutes past
i the jury filed into the Court, looking
as if they had passed a sleeplesS night.
In reply to the question, Gentlemen of
the jury, have you agreed upon YER
dictY Carpenter replied; ave have
not your Honor. We regret it very
much that We find it itimposslble to agree
Judge Nelson stated that he had learn
ed by note from the jury this morning
that in their opinion they should be dis.
charged, as they could not agree and
some of their number were suffering in
health. He experienced tn; force OF that
application very strongly, and had called
them in now at the earliest moment,
giving counsel and others an opportunity
for beng present. As they were about
to separate he would like them TO carry
away kindly recollections, and so far rs
they could, remove whatever chagin they
felt at being detained 50 long. He wish
ed them TO recUlect the fact that not
until yesterday did they suggest that
they could not agree, aud that sugges-
tion came from the foreman, signed by
eleven and accompanied by another from
one Juror, who thought that an agree
ment was possible. While he had perfect
regard and confidence in the opinion Of
the eleven and the explanation Of the
foreman he thought something was due
to the twelfth juror. His Honor had
the same thing on his mind yesterday at
four o'clock and he allowed the juryman
TAYLOR to devote his time to bringing
about an agreement, SO far as he could
He learned from the note they were un-
able to agree, and that the disagreement
was in reference to the weight of the
testimony and creditability of some wit
ness, and it appeared to HIS Honor and
every person conversant with the case
that it was impossible for him to help
them by any suggestions. Not even in
his charge could he find means of help.
ing them on tbs point. The weight Of
the testimony rested with the jury; that
it was for them to say what witnesses
could be believed and what
witnesses could not. The court had
no right to interfere. He was glad to be
assured that the disagreement did not
arise from any want of attention on his
part, and God knew there were some
points to which attention had been called,
and he would like to learn. from them ex-
pllcitly that the application to take fur
ther testimony had not in any way
clCuded their vision or occupied their
thoughts directly or indirectly.
Foreman Carpenter assured Judge
Nelson that he was right, as he had
questioned many of the jurymen, and
they all told him that they had it not
in their thoughts at all The Judge
said he was much gratitied to hear that,
and since they had told him they could
not agree he would then discharge them.
The Clerk stated that they were now
discharged.
Juryman Thayer arose then and said
he wished il to be distinctly understood
that the jury did not stand II to as
rumor had it.
Judge Nelson then asked them to re-
main seated few moments as a photo
grapher wished to take Likeness, but
iuryman Jeffrey objected, and the Judge
allowed them to leave Court. The room
was then in confusion, every person
crowding forward to have a word with
the iurvmen. Mrs. Beecher went to the
railing and shook hands with each juror
as he passed out The jury were all
spoken TO as to how they stood, to which
they replied that they stood nine to three
for acquittul but the names of the jurors
on either side they had taken an oath
not to reveal. Titon and Moulton enter
ed the room a few minutes before the
iurv, but were unable to get to the front
and stood at the door till the proceedings
ended.-As the jurymen passed into the
corridor they were besieged with ques-
tions, to which they only replied by
shake Of the head, and the court room
was then cleared Of spectators. The iu-
rors for Tilton are said to be jeffrey,
Flatte and Davis. Tilton says the result
is n moral victory for him.
Moulton Publishes Card.
Noulton has A card in the irgus say