The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-07-02
BY TELEGRAPH H
To THE
WHEELING REGISTER.
Associated Press Report. by Western
Union Line, Office Northwest cor.
of Main and 18th SITS.
THE BEECHER JURY.
Instructed Not to Regard the
Loeder-Price Affidavits.

New YORK July 1.-The counsel for
Mr.. Bcechcr. the signature Of Evarts
only wanting, invited the counsel for Til.
ton to unite with them III asking Judge
Nelson to call the jury into court, that
they may be informed that the alleged
newly discovered evidence, embodied in
the Loeder and Price atfidavits, WAS fab.
ricated; that one of the authors has been
arrested for pariury and the other has
confessed.
The counsel having arriveda consulta-
ton took place in Judge Nelson's room.
At its conclusion the Judge took his seat
on the bench, and ut 1877 the jury came
in and took their seats. looking pale and
exhausted Some of them carried their
coats and travelling bags in their hands,
from which the audience argued that
they had come to An agreement and were
prepared to leave Court. Judge Nelson
requested that the utmost silence be OBJ
served in.Court during the proceedings.
Clerk Madison called the jury, who ans
wered t. their names in low tones.
Judge Nelson then said he was
very sorry that they could not
agree, and asked them if the disputed
question was one of fact or one Of law,
Carpenter speaking IN low voice, stated
that it was impossible for the jury to
agree and that he regretted it very much.
The question of disagreement was one OF
fact. Judge Nelson then called atten-
ton to the length of the trial, and said
that was the first intlmation he had
from the Jury. In our embarrassments,
SAID ne. various considerations had had
been pressed on their attention. Atten-
ton had been called to the fact that after
the argument, and before the charge,
some papers had been handed up to him.
He had examined them that evening,
and denied the motion for reOpenIng The
case, assuming for the moment that the
iurv would forget that subject.
He would like to know
if ANYTHING was lingering on their minds
with regard to the matter, and asked
them if it would be suitable for them to
state TO him any questions OF law on the
fuct which disturbed them. Mr. Carpen-
ter repeated that it was. slmplya question
OF fac. and no agreement was posSiblei
hat in II month they would be no nearer
au agreement than they were to-day.
He said that he spoke for eleven of the
Jurors. When he said he believed that
an agreement was impossible, and that
there was only one man who believed
that they could ever reach
unanimous conclusion, Judge
Nelson spoke TO them of the Importance
Of the case, and asked them to give it
their DEMONSTRATION, and requesting
them for that purpose to retire again 10
their rooms and deliberate upon it fur
ther, ana communicate with him about
O'Clock. Mr.. Carpenter asked how
they should communicate with him, to
which ne replied that it did not make
any matter At 20 minutes of , o'clock
the Jury lett the Court room and ascend
ed to the room from which they came
At 20 minutes to 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
today. and he would take the oppor-
tu1ity of stating to the reporters in at
tendance that he would give them an
hours notice when the jury were tn
b. called. The Judge then left the
bench and the court room was cleared of
spectators.
Some persons in the court room got an
idea from the remarks of Foreman Car
penter that the jury stood eleven TO one.
The fact Is, a explained by Mr.. Tracy,
one of Bcecher's counsel, that Mr.. Car
pentcr simply meant to convey that
eleven of the jurors had made up their
minds that it was impossible for them to
agree, while q twelfth deemed a
further examination of the evidence de-
sirsble, and thought it might lead to a
vc-lct. Below is the correspondence al
luded to by Judge Nelson:
May it please the Court: We think
there is no possibility Of our agreeing on
II verdict and we respectfully ask to be
discharged.
Signed. Chester Carpenter, Griffin
B. Ialstead, Henry Thier, George Hull,
Christopher FIFTEEN, Samuel Fate. +. Is.
Case, Edward Whelan, William I. jeff
rey, John McMurn, and William H.
Davis,
May it please the Court: don't
think we ought to be discharged just yet.
We are still discussing the evidence, and
think we could proftably stay out
longer.
rSgncdl JouN F. TAYLOR.