Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1875-06-08


morning, which Informed him that in
their opinion they should be discharged,
as they could not agree, and some
of their number were suffering in health.
He experienced the force of that appli-
cation very strongly; and had called
them ia 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 recollec.
tons, and go far as they could, remove
whatever chagrin they felt at being de-
tanned so long. He wished them to re-
collect that not until yesterday. did they
suggest they could not agree, and that
suggestion came. from their foreman
signed by eleven, and accompanied bv
another from one juror who thought
that an agreement was possible. While
he had perfect regard and Confidence in.
the opinion of the eleven and the ex.
planation of the foreman, he thought
something was due to the twelfth juTv-
man, who sent a note praying that they
should not be discharged. His honor
had the same thing on his mind yester-
day at o'clock, and he allowed Jury
man Taylor to devote his time to bring
ing about an agreement SO far as he
could. He learned from the. note Just
sent him that they were unable to agree.
and that the disagreement was in refer
ence to the weight of the testimony and.
credibility of some of the witnesses, and
it appeared to his honor and every. per-
son conyersant with the case that it was
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. It was for them TO. say what
witnesses they could believe and wha&
they could not, and the court has no
right to interfere. 5-.-s.~
He was glad to he assured. that the
disagreement did not arise from any want
of attention on his part, FROM overlook
ing any point, and God knew there some
points on which he could do nothing.
There was one point to which attention
had been called, and he would like to
learn from them explicitly that the appli-
cation to take further testimony had
not in any way clouded their vision or
occupied their thoughts directly or indi-
rectly. Foreman Carpenter assured
Judge Nelson that he was right, and he
had questioned many of the jury, and
they all told him that they had not had
it in their thoughts at all. The Judge
said he was much gratifed to hear that,
and since they had told him that they
could not agree, he would therefore
discharge them. The clerk then stated
that they were now discharged. jury
man ThayeT arose then and said that he
wished it distinctly understood that the
jury did not stand eleven to one as ru-
NOR had it. Judge Nelson then asked
them to remain seated for few mo-
ments, as the photographer wished to
take their iikctfesses, bat Juryman Jeff
reys objected, and the Judge allowed
them to leave the court. The room was
then ia state of confusion-eYery per
son cFowding forward to have word
with the discharged jury. Mrs, Beeeher
went forward to the railing and shook
hands with each Of the jHrymen as they
passed her. The jury were all spoken
to as to how they stood, to which they
replied that they stood nine to three for
acquittal, but the name of the jurors
who stood on either side, they had taken
an oath not to reveal before they left the
Jury room. TAton and M0ulton entered
the court room q few minutes before the
Jury, but were liable to get to the front
and stood near the door of entrance
until the proceedings ended. AS the
iurymen passed into the corridors and
passages, they were beseged on all,
sides with questions TO which they. only
replied by negative shake of the head.
Mrs. Beecher left the. court room with
the Plymouth thFong, and the court
room was cleared Of spectators Thus
ended the BeeChef Pilton scandal suit.
MISUNDERSTANDING the Facr' iii tstt:F;
jurors stated they had taken a solemn
oath never to reveal the secrets of the
Jury room, the following has been as
certained by interyiewers: One juror
said, 1--WE stand to-day precisely as we
did when we went up stairs into the
jury room to deliberate eight days ago. =
Another Juror stated that at one time
the Jury stood eleven to one against,
niue 10 three and still later five to seven
There was an irrecOncllable difference of
opinion as to the eredibiaty of wit
nesses on each side. Juryman HUI
said that at times the discussions were
very animated. When the jury retired
a week ago there was a small majority
for the defendant, bat after the evidence
was received from Judge Nelson the
result was to throw the benefit Of Ger
tain doubt in favor of the defendant.
Still another juror said that at one time |
The tide in favor of Tilt0n was pretty
low; it was even less than three At /
another time another juror says they
stood six to six. 4 Union reporter
learned from q semi Authoritative source
hat when the jury retired they stood |
seven to dye-seeen being for BeeCher, |
four for Tilton and one doubtful. |
though leaning to Triton. This doubt |
tul man subsequently came over to |
he Beeeher side, and on the second bal |
OF, the jury stood eight to four-eight |
sor Beccher and four for TiIton. When |
he evidence was requested and sent up |!
q the jury, one of the four, after its |
went over to the Beecher |
ile On the final ballot they stood nine I
o three niue for Beecher and three for I
fiftOn. .....
The Brooklyn Eagle obtained the fol-
owing from one OF the jurors ..
Saturday morning a few of the
3eecher men who had been us
ny gigantic efforts to convert Jeffreys,
Davis and Flute to their side
lad so far succeeded that these gentle
len at last consented to bring in yer
ict for Beecher Had the jury then
,een summoned to.the court room Mr..
5eecher would have gone forth with
declaration of his innocence by twelve |
aen sworn to decide in the charges
gainst him by evidence submitted and
llowed by the court during the trial.
'ome We're in favor of going in at once,
ut unfortunately for Beeeher it was de-