The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-07-03
BEEcHER. R.TILToN.
Disagreement of the Jury-.Judge
Nelson's Conversation with the
Jury.

10 o'clock A. NJ, and would send for thu
counsel and communicate with the jury
AT that hour His Honor stepped into hi
private room. There were then assem-
bled in the court nearly the same grouI
oil Plymouth people as were there yester
day. Mrs, BeeCher came in with Deacon
Howard. All the standing room was Oc
Cupied by II o'clock. Ten minutes lateI
Judge Nelson took his seat and was fol-
lowed by the lawyers, At II minutes
past II o'clock the jury fled into court
looking Us if they had passed sleeples'
night,
In reply to the question, "Gcntlemer
Of the jury, have you agreed upon YER
diet" the foreman (Carpenter) replied
"We have not, Your Honor. We regret
it very much that we find it impossible tC
agree"
Judge Nelson stated that he had learn.
ed by note from the Jury early this
morning that in their opinion they should
be discharged as they could not agree and
some OF their number were suffering In
health. He appreciated the force Of that
application very strongly, and would call
them in now at tho earliest moment, Civ.
Ing to the counsel and others an OppOr-
tunity Of being present. As they were
about to separate he would like them to
carry away kindly reCOllectiOns, and
so far "a they could, remove whatever
chagrin they felt ut being detained so long
lie wished them to reCOlleCt the fact that
not until yesterday did they suggest that
they could not agree, and that suggestion
came from the foreman signed by eleven
and accompanied by another from one
juror who thought that an agreement was
possible. While ho had perfect regard
and confidence In the opinion OF the
eleven and the explanation OF the
foreman he thought something was due
to the twelfth juror. His Honor had
the same thing in his mind yesterday,and
he allowed juryman Taylor to devote his
time TO bringing about an agreement so
far as he could. lie learned from note
that they were unable to agree and that
the disagreement was in reference to the
weight OF the testimony and the credibil.
ity Of some Of the witnesses, and it ap.
peared to his Honor and every person con.
versant with the case that 1t was impossi.
BILE for him to help them by any sIgges.
tOns, not even In his charge could he find
means OF helping them on that point,
The weight OF testimony rested with the
jury for them to say what witnesses could
be believed md what witnesses could not;
the court had no right to interfere. lie
was glad to be assured that the dis
agreement did not arise from any
want Of attention on his part, and
God knew that there were some OF the
points on which he could do nothing,
There was one point to which attention
had been called, and he would like 10
learn from them explicitly that the up.
pliGation to take further testimony had
notin any way clOuded their vision or oc.
cupied their thoughts directly or indi.
reCtly.
Foreman Carpenter assured Judge Neil.
son he was right, as he had questioned the
jury and they all told him that twas not
in their thoughts at all.
Judge Nelson said he was much graft.
fed TO hear that, and since they had told
him they could not agree he would dis.
charge them.
The clerk stated that they were now
discharged.
Juryman Taylor arose then and said
he wished II to be distinctly understood
that the jury did not stand II to l us ru.
NOR had II.
Judge Nelson then asked them TO re.
main seated for few moments, rs q pho.
tographer wished to take likeness Of
them; but Juryman JeiIiries objected, and
the Judge allowed them to leave the
court. The room was then q scene Of
confusion, every person CrOwding for
ward to have word with the jurymen.
Mrs. Beecher went to the railing and
shook hands with each Juror as he passed
out. The jury we're all spoken to as to
how Ihey stood, to which they replied
that they stood 0 to 3 for acqnittal, but
the names Of the Jurors on either side
they had taken an oath not to reveal.
Mr.. Til.On ard Mr.. MOulton entered the
room n few minutes before the jury, but
were unable to get to the front, and stood
near the door until the proceedings were
ended. As the jurymen passed into the
corridor they were besicgcd with ques-
tiOns, to which they only replied by n
shake Of the head, and the court room was
then cleared Of spectators. The jurors
for Tilton are said to be JctTreys, Flate
and Davis.
TiltOn says the result Is moral vic.
tory for him. Moulton has card in the
Argus saying the 1tibnne reported that he
was to be arrested for subornation Of per-
Jury. He lAs come back and let them ar.
rest him.
INSIDE HISTORY OF THE JURY ROOM.
Notwithstanding the fact that all Of the
Jurors stated that they had taken Eol.
etnn oath never to reveal the secrets Of
the jury room, the following has been
ascertained by the intervieWers: One
Juror said we stand to-day precisely as
when we went up stairs In the jury room
to deliberate eight days ago. Another
stated that at one time the Jury stood ii
to |, again 0 TO 8, and still later 8 to I.
There was an irfecOncilable difference Of
opinion as TO the credibility Of the
witnesses ON each side. Jurymun Hull
said that at one time the discussions
were very animated. When the Jury re.
tired week ago there was small ma
jority for the defendant, but after the ev.
idence was received from Judge Nelson
the result was to throw the benefit Of
certain doubt In favor Of the defendant.
Sill another Juror said that nL one time
the tide in favor Of Tilton was pretty
low; II was even less than three. At an.
other time the jurors stood six 10 six. A
Union reporter learned from a semi.
source that when the Jury
retired they stood seven to five, seven be.
ing for Beecher, four for Tilton, and one
doubtful, though leaning to Tilton. This
man subsequently came over to
Beechet's side, and on the second ballot
the jury stood eight for Beecher and four
for Tillon. When the evidence was re-
quested and sent up to the jury one Of the
four after its examination went over to
the BeeCher side. On the final ballot
they stood nine for Beecher and three for
TillOn.
The Eagle says on Saturday morning
few Of the leecher men who had been
using gigantic efforts to convert jeffrey,
I)avia nnd Flnia IN ihhir aida had an far