Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-07-09
The Scandal Trial.

! THE JURY CANNOT AGREE-DIyIDED on A
QUESTION OF FACT.
NEw YORK. July l-At twenty-five min
utes past one Judge Nelson came IN the
bench. lie was followed into the court by
the counsel, who were received with clap
ping of hands aud stamping OF feet. They
all took seats in their usual places and con-
versed with one another. At half past one
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 argued
they had come to an agreement and were
prepared 10 leave the court. Judge Neil
son requested that the utmost silence be
observed in court during the proceedings
Tilton and Beecher were then both absent
Clerk Madison called the jury who answer
ed to their names in low tones. Judge
Nelson then said he was sorry they could
not agree. anc asked them If the disputed
question was one of fact or law. Carpen-
ter speaking with low voice. stated 1t
was impossible for the jury to agree |
that he regretted 1T very much. The qqe>-
tiOn of disagreement was one OF fact judge |
Nelson then called attention to the length |
of the trial, and said that Was the first init |
nation be had from the jury in their embar- |
rassments Various considerations had |
been pressed in their attention. Attention /
had been called To the fact that after the /
argument and before the charge, some pa
pers had been handed up to him. He bad 1
examined them that evening and denied the 4
motion for reOpenlng the case. assuming /
for the moment that the Jury would forget /
that subject. lie would like to know it any
thing was lingering in their minds with
regard to the matter, and asked them il it
would be suitable for them To state 10 him
any questions of law or fact which disturb
ed them. Carpenter repeated that it was
solely question Of fact, and no agreement
was possible; that in a month they would
be no nearer an agreement than they were
to-day. He said 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 they conld
ever reach a unanimous conclusion. Judge
Nelson spoke to them of the Importance of
the case and asked them for that purpose
TO retire again TO their room. and delib-
crate upon 1t further. and communicate
with him about 4 O'Clock. At 20 minutes
OF two O'Clock the jury lifted their bun
dies and left the court room. ascending to
the room in the west wing from which they
came. The spectators followed and the
court room resumed its nearly empty ap-
pearance. After the Jury retired the law
yers went into the judges room. and after
short consultation retired. At half-past
three the crowd began to assemble again in
the trial room. and at 10 minutes
to four Mrs. Beecher, accompanied
BY her dsughter-in-law and ex-Judge
Porter. entered and were greeted by
by round Of p!audits from the assembled
spectators. Beecher's two sons entered
shortly after. Tilton appearance at four
o'clock, was the signal for storm of ap-
plause, unmindful of which he took his
accustomed seat, close to where his lawyers
usually sat. By this time all setting room
was occupied, and the passages of the
court room were densely crowded. Beech
er was not present. He Is paying visit
to his farm in Peekskill at twenty min
utes to five clock Judge Nelson entered
the court room and said that after due con-
sideration he had arrived at the conclusion
not TO call the jury in to-day, and he would
take this opportunity of stating TO the re-
pOrters in attendance, that he would give
them an hours notice when the jury were
to be called. The judge then left the bench
and the court room was cleared OF specta-
tors.
The following is the correspondence with
the jury. alluded to BY Judge Nelson.
May it please the court, We think there is
|
and we respectfully ask to be discharged"
This was signed by all the jurymen except
John F. Taylor. Taylor writes to Judge
Nelson MAY it please the court. | don't !
think We ought to be discharged just yet. I
We are still discussing the evidence and |
think We could prottably stay out longer -
An evening paper says, some persons IN the
court room got an idea from remark of
foreman Carpenter. that the jury stood !
eleven to one. The fact is, as explained by I
Gen. Tracy, of Beecher counsel, 10 a report
er, that Carpenter simply meant 10 convey :
the idea that eleven of the jurors had made
up their minds that 1t was impossible for
them to agree, while the twelfth deemed !
further examination of the evidence deslra-
Bile, and thought it might lead to verdict.
Shortly before eight clock the jury set
tied themselves. and at ten 0 clock the court
house was locked up for the night.
DISAGREEMENT OF THE JURY.
BROOKLYN, n. Y. July 2-Ihis morn
ing the rilton-Beecher jury sent note to
udge Nelson. saying they were unable to
agree and requesting to be discharged. The
Judge sent back reply that he would do
50 Notice was then sent To counsel and the
parties interested. Wnen Beecner entered ..
the court at 1 a. III. he found nearly all the
prominent ladies and gentlemen OF Ply
mouth church already seated in what are
called the Beecher chairs. Shortly after III
o'clock Judge Nelson entered the court,
by e1-Judge Dykeman. At
ll;25 a. IN. the jury were discharged. The
foreman says they have taken an oath not
to disclose how they stood. Juryman
Thyer wishes it distinctly understood that
they were not ii to l.
MR.. BEAcu's OPINION.
In regard to the jury DELAY in making
up their minds to agree or disagree, Mr.. .
Beach said last night it was unprecedented .
in the country for jury to stay out seven !
days, and he was not aware that it ever oc- |
Cured anywhere. The fact that the jury
seven days before making any
request, is pretty good evidence that they {
were earnest and dlligent in their efforts to
agree, and that their difference was ire
co nci,able / do not think, added Mr..
Beach, that under the circumstances a YER .
dict either way would carry with it any ,
moral force. or affect the public sentiment.
should say 50 even were the verdict to be /
in our favor.
The Loader Case.
Nrv YORK. July l-Wilcox of the Her.