The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-07-03

which was densely crowded, and stated
that they were unable to agree, when they
were discharged. The jury stood nine for
the defendant to three for the plaintiff.
sEooNp DISPATCH.
NEW YORK, July 2.
The corridors and passages of the Brook
Ign city court room were crowded from an
early hour this morning, and the street in
front of the courthouse was filled with
people. AT an early hour the jury had
their breakfast, and then sent a note to the
judge stating that it was impossible for
them to agree. The judge returned an
swer that he would be down at ten o'clock,
and would then send for counsel and COM
municate with the jury. AT that hour his
honor came. There were then assembled
in court nearly the same group of Ply
mouth people as yesterday. Mrs. Beecher
came in with Deacon Howard. All the
standing room in the court was occupied
by eleven o'clock. Ten minutes after that
hour Judge Nelson entered the court, and
was followed by lawyers Porter, Shear
man, Abbott, Hill and Tracy for the de-
PENDANT, and Morris and Pearsall for the
plaintiff. Ushers Caldwell and Murray
hustled around, finding seats for members
of Plymouth church. At seventeen min
utes past eleven o'clock the jury filed
slowly into court, looi ing as if they had
passed a restless and sleepless night, and
took their seats in the jury-box. Their
names were called. In reply to the query
OF the clerk, "Gentlemen of the jury,
have you agreed upon verdict?" Foreman
Carpenter replied, ave have not, your
honor. We regret very much that we find
it impossible to agree"
Judge Nelson stated that he had learned
from the note he had received from the
jury early this morning, which informed
him that in their opinion they should
discharged, as they could not agree,
and some of their number were suffering
in health. He experienced the force of the
application very strongly, and had called
them in now at the earliest moment he
could do so, giving to counsel and Others
an opportunity of being present. AS they
were about to separate he would like them
to carry away kindly recollections, and, so
far as they could, remove whatever chagrin
they felt at beng detained so long He
wished them to recollect the fact that not
until yesterday did they suggest they could
not agree, and that suggestion came from
their foreman, signed by eleven, and &c
companied by another from one juror who
thought that an agreement was possible.
While he had perfect regard and conf
dence in the opinion of the eleven and the
explanation of the foreman, he thought
something was due to the twelfth jury
man, who sent a note praying that they
should not be discharged. His honor had
the same thing on his mind yesterday at 4
o'clock, and he allowed juryman Taylor to
devote his time to bringing about an agree
ment SO far as he could. He learned from
the note just sent him that they were un-
able to agree, and that the disagreement
was in reference to the weight of the testi-
mony and credibility of some of the wit
nesses, and it appeared to his honor and
every person conversant with the case that
it YVES impossible for him to help them by
any suggestions in reference to the weight
of testimony or credibility of witnesses.
Not even in his charge could he find means
of helping them on that point. The weight
of the testimony rested with the jury. 1t
was for them to say what witnesses they
could believe and what they could not, and
the court has no right to interfere.
He was glad to be assured that the dis
agreement did not arise from any want OF
attention on his part, from overlooking
any point, and God knew there were som(
points on which he could do nothing
There was one point to which attention
had been called, and he would like Il
learn from them explicitly that the appli
cation to take further testimony had not il
any way clouded their vision or occupied
their thoughts directly or indirectly. Fore
man Carpenter assured Judge Nelson hi
was right, as he had questioned many o.
the jury, and they all told him that they
had not had it in their thoughts at all. Tit
| Judge said he was much gratified to hea
that and since they had told him they
could not agree, he would therefore dis
charge them. The clerk then stated tina
they were now discharged. Jurymai
Thayer arose then and said that he wished
it to be distinctly understood that the jur.
did not stand eleven to one as rumor had 1t
Judge Nelson then asked them to remain
seated few moments, as a Photographic
wished to take their likenesses, but jury
man Jeffreys objected, and the judge al
lowed them to leave the court. The roor
was then in state of confuson--ever
person crowding forward to have wor
with the discharged jury. Mrs. Beeche
went forward to the railing and shoe
hands with each juryman as he passed hei
The Jury were all spoken TO as to how the
stood, to which they replied that they stoo
to for acquittal, but the names of III
Jurors who stood on either side, they ha
taken an oath not to reveal before they le
the Jury room. Tilton and Moulton Ell
!. tered the court room few minutes befoi
the jury, but were unable to get to II
front and stood near the door of entrant
, until the proceedings ended. AS the jur.
men passed into the corridors and passage
they were besieged on all sides with que
+. tions to which they only replied by me-
alive shake of their heads, Mrs. Beech
left the court room with the Plymou,
|, throng, and the court room was cleared
j. spectators. Thus ended the Beecher-TiltC
y scandal suit.
MoULToN DEFIEs THE DEROuER PART
Francis ID. Moulton has returned fro