New-York tribune., 1875-07-02
ANOTHER CONFERENCE OF COUNSEL.

ANOTHER CONFERENCE OF COUNSEL.
On the retirement of the jury the counsel OF Mr.
Bcechcr retired to the judges private room, 10
which Judge Nelson also went. MIR. Beach lctt or
Ncw-York and did not return. About O'Clock MI.
Morris Joined the counsel in the Judge room ana
was present when the communication from the jury,
which the Judge had directed 10 be sent down. was
received. 1t was simply another expression oi 'he
belief Of the majority Of the jurors that an agree
ment was impossible. 1t was not however, undhi-
mons. and Judge Nelson, after considering it, an
nounced to the counsel that he had decided wlth"ut
ANYTHING being said on either side that le wouid
not be justified in discharging the Jury.
Il was not usual to discharge jurlcs Oh
their first request. He said there were
cases known where juries had announced with
great emphasis that they never could agree ana yet
on being held they had rendered verdict within
two hours He mentioned a case in which judge
Morris as counsel for the plaintiff Had insisted that
the jury should be kept together even after thry
had announced that an agreement was not possible.
That jury finally agreed.
Most OF the talk which followed on the part OF
the defendants lawyers was upon the injustice of
allowing the case to stand before the jury a. IT the
defendant had refused to admit the new evidence.
They insisted that they had never objected to The
admission of the evidence, and they had never had
an opportunity TO consent. They did not know what
vas contained in the af1davits, nor what the rev
evidence was until after the motion was disposed OF
by the Court without argument Mr.. Beechers coun-
sci then offered 10 open the case anew, and allow
the plaintiff 10 introduce the new evidence.
This the plaintiffs counsel declined, saying that il
was too late.
The defendants counsel then desired an OppOrtu-
nity to offer reopen the in open court. but to
this the plaintiffs counsel would not consent.
fl,nt h.s nat all Ia
offer without the consent of plaintiffs counsel. For
this reason the offer not made IL open court.
Judge Nelson then proposed to send a message to
the Jurors to the effect that he desired them to
time their deliberations but Mr. Morris objected to
this until he could consult with Mr.. Beach. who had
gone back 70 New-York. Nothing definite was done
except to intimate to the jury that at present their
request for discharge coulI not be granted.
I he question was raised among counsel whether
there was any precedent for dlschargng the jury
before their unanimous request for such action
The defendants counsel insisted that there was no
precedent for such proceeding, while the plaintiffs
LAWYERS were unable TO suggest any. Judge Nelson
thought that he had right to discharge the jury
on the request of a portion of the members, but
thought il was a right only to be exercised in very
clear cases. lie should generally wait until all the
Jury united in the request In the matter of consul
tation the plaintiffs counsel intimated that they
were not at liberty to follow their views, what
ever those might be.
Mr. Beccher's counsel placed before Mr.. Tilon's
lawyers the position Of affairs they understood IT,
that the plaintiffs counsel nust either be RESPONSE
bic f0I these adayits of Loader and Price else dis
avow them. They had placed the afiidavits before
the Court and Mr.. Morris himself had made an af-
fdayit that lie believed them to lie true. All the
plaintiffs counsel agreed in presenting them to the
o,1, ~, it.I -, fInir
defendants lawyers stated that thcy would hold
Mr. Tiltom's counsel responsible for the aidayits so
long as they allow them to stand before the Court
with0ut full population. The plaintiffs counsel
were not willing TO accept the responsibility OF TO
withdraw the ailidavits. The plaintiffs counsel
held that such could not be justified Oh the
theory of professional honor.
The final result Of these deliberations that
Judge Nelson returned negative answer TO the
application Of the jury TO be discharged and directed
them to be locked up for the night. The courtroom
meantime had filled again completely. This time
Mr. Tilton had come III and taken his usual place;
but Mr.. Bcechcr did not accompany his wife, being
still absent in the country. Judge Nelson, ut 1870
o'clock came into for the purpose Of relieving
the sweltering crowd and did in a brief speech,
which is about the only Htterance made by him III
the case which has been followed by the indecOrum
of applause 1t was follows:
Judge Neson-I came III simply 10 say, out OF regard
10 Your patience and disrOmior that upon due consld
Grafton and reflection, and acting upon my own judg
men and without any aid from other quarters, that my
conclusion in not 10 cal. the jury IN to-day. Aud Ia
III reporters that IL may be Understood that when they
are called in tlie arrangement " give an hours notice
will lie observed
The court room again cmpted itself, and in n few
moments the Courthouse was deserted for the
night or given up to the jury and their guardians
FURTHER ACTIONS PROBABLE.
MR. MoULToN 10 BIZ PROSECUTED FOR CONSPIRACY
-RUMoRED ARREST OF 'woODLEY wIrNtss
FOR BEECIIEE, CHARGED With PERJURY-ES-
JUDGE GEORGE q. BARNARD ACCUSED OF TAM