The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-07-02

THE JURY SAY TIL CAN'T AGREE.

THE JURY SAY TIL . CAN'T AGREE.
AT twenty-five minutes past one Judge
Nelson came on the stench, .the consulla-
ton having broken up, and was followed
into court by counsel, who were received
with clapping of hands and stamping of
feet. They all took seats In their usual
places and conversed with one another. At
1887 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 ar
gued that they had come to an agreement
and were prepared to leave court. Judge
Nelson requested that the utmost silence
be observed during the proceedings. Til
ton and Beecher were then both absent.
Thr clerk called the jury, who answered
to their names in low tones. Judge Neil
son then said he was sorry they could not
agree, and asked them il the disputed
question was one of fact or law. Carpen-
ter, speaking with low voice, said 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, and said that was the first in
timation he had hal from the jury. In
our embarrassments, said he, various con-
siderations had been pressed in their atten-
ton. Attention had been called TO the
fact that after the arguments and before
the charge some papers had been handed
up to him he had examined them that
evening and denied motion for reopenipg
case, assuming for moment that the jury
would forget that subject lie would like
to know if any theory was lingering in
their minds with regard TO the matter and
asked them IT it would be suitable for them
to state TO him any question of law or fact
which disturbed them.
Mr.. Carpenter repeated that it was solely
a question of fact, and no agreement was
possible that in month they would be
no nearer an agreement than they were to-
day. He said he believed that an agree
ment was impossible and that there was
only one man who believed they ever could
reach unanimous conclusion.
Judge Nelson spoke to them of the i'm
portance of the case and asked them, for
that purpose, to retire again TO their room
and deliberate upon it further and ccmmu-
nicate with him about four o'clock.
At twenty minutes Of two o'clock the
jury lifted their bundles and left the court
room, ascending to a room in the west
wing from which they came. The specta-
nearly empty appearance.
After the jury retired the lawyers went
into the judges room, and, after a brief
consultation, retired. AT $3.50 crowd be-
gan to assemble again in the trial room,
and at ten minutes to four Mrs. Beechcr,
accompanied by her sister in-law and Judge
Porter, and was greeted by round of
plaudits from the assembled spectators.
Beechcr's two sons entered shortly after.
Titon's appearance at four o'clock was the
signal for storm of applause, unmindful
of which he took his accustomed seat close
to where his lawyers usually sit. By this
time all the sitting room. was occupied and
the passages of the court loom were dense
ly crowded. Beecher was not present He
is paying visit to his farm at Peekskill.
At twenty minutes TO five o'clock Judge
Nelson entered the court room and said
that after due consideration he had arrived
at the conclusion not to call the jury in to-
day, and he would take this opportunity of
stating to the reporters in attendance that
he would give them an hours notice when
the jury were to b. called The judge
then left the bench and the court cleared
of the spectators in it.
Following is the correspondence with
the jury, alluded to by Judge Nelson
''May it please the court We think
there is no possibility of our agreeing on
verdict, and we respectfully ask to be dis
charged"
This was signed by all the jurymen OK.
cept John +, Taylor.
Taylor writes to the judge "NIay it
DlCusC tuC tbult. ubu tnluh VIC OuEul
to be discharged just yet. We are still dis
cussing the evidence and think we could
proiitaby stay out longer
An evening paper says Some persons
in the court ROOM got the idea from the re-
marks of the foreman, Mr.. Carpenter, that
the jury stood eleven to one. The fact is,
as explained by Gen. Tracy of Beechers
counsel to areporter, that Carpenter SIM
ply meant to convey that eleven of the
jurors had made up.their minds that it was
impossible for them to agree, while the
twelfth deemed further examination of
the evidence desirable, and thought it
might lead to verdict. t-..
LOCKED UP FOR TIE NIGHT
Shortly before eight o'clock the jury set
tied themselves in the trial aud at ten
o'clock the court house was locked up for