The Portland daily press., 1875-07-03
THE SCANDAL.
THE END AT LAST.
Disagreement Of the Jury
Nine for Beecher and Three For
TiltOn.
for BeHcher.
THE SCANDAL.
A Defiant Card from MoultOn.


saying they were unable to agree and request
ing to be discharged. The Judge sent back
reply that he would do so. Notice was then
sent to counsel and the parties interested.
When Mrs. Beecher, leaning on the arm of
usher Murray, entered the Brooklyn court at
II a. M, she found nearly all the prominent
ladies and gentlemen of Plymouth church al
ready seated in what are called the "Beecher
chairs" She looks exceedingly pale, worn and
anxious She sat between Deacon Howard and
John Southwic Shortly after IL o'clock
Judge Nelson entered the court, accompanied
by ex-Judge Dykeman.
The Jury Return to Court and Announce
Disagreement.
The jury came into court at lilo.
Clerk-Gentlemen, have you agreed upon
verdict?
Foreman (rising)-We have not. We very
much regret that we found it impossible to
agree.
The Judge then said:
Gentlemen-I learn by note received early
this morning from your foreman that in your
opinion you should be discharged, as you could
not agree and some of your number are suffer-
ing in health. felt the force of that applica-
ton very strongly,and have called you in now
at the earliest moment l could do so, giving to
counsel and others an opportunity of being
present.
As we are about to separate. gentlemen, /
would like you to carry away kindly recollec-
tions, and as far as you can remove whatever
long. wish you to recollect that not until
yesterday did you suggest that you could not
agree, and this suggestion came by note from
your foreman, and signed by eleven, and &C.
companied by another from one juror, who
thought an agreement was possible. While L
had perfect confidence in the request made by
the eleven, and the explanation of the foreman,
l felt that something was due to the twelfth
juryman, who sent note saying that you ought
not to be discharged had something in my
mind of 4 o'olook aftarpoOp and T
allowed that juryman (Taylor) to devote his
time to bringing about an agreement as far as
he could.
learn from note just sent me from the
jury that you are, as stated by your foreman,
now unable to agree, and further that the dis
agreement is in reference to the weight OF tes-
timony and the crediblity of some of the wit
nesses 1t appears to me and to every one con-
versant with the case that it is impossible for
me to help you by any suggestions in reference
to the weight of testimony or the credibility of
witnesses; not even in my charge, could find
means of helping you on that point 1t is con-
coded that the weight of testimony rests with
the jury. 1t is for them to say what witnesses
they can believe and what not, and the court
has no right to interfere. l am glad to be as
sured that this disagreement does not arise
from any want of attention on my part, or
overlooking any point, and God knows there
were some points en- which could do moth
ing.
There is one point to which attention has
been called would like to learn from the
jury explicitly that the application to take
further testimony has not in any way clouded
your vision or occupied your thoughts, directly
or indirectly.
Foreman-You are right sir. I have les
toned many Of the jury, and they all tell me
they hadn't it in their thoughts at all.
Judge-I am much gratitied to hear it, and
since you tell me you cannot agree will there
fore discharge you.
Clerk-(Ientlemen Won ara now di scharpnd
The clerk requested the jury to remain seat
ed for moment while photographers were tax
ing picture of the court. Jurors Jeffreys
and Case stood up and objected to being pho
tographed. and the judge at once said, Seen
tlemen, you may CO. Make way there for the
jury
Nine for Reecher and Three for TiltOn.
An immense rush was made for the Jurors in
the court and outside, and they were question
ed as to how they stood, but they all declared
that they were pledged to scresy as to names.
The foreman, however, admitted that they stood
8 to g.
TIlton and Moulron were standing in the rear
of the court amongst the audience, not being
able to force their way through the crowd, when
the last scene in;the TiltOn Beecher drama was
acted and the curtain fell
AS the jury were leaving, Mrs. Beecher stood
by the railing with tears streaming down her
cheeks. and shook hands with each juror as he
went by. The foreman was the last in passing
Out, duu ue soiZ6u uer Danu IN DOLQ OF MS ana
shook it with great warmth.
There is not the slightest excitement in
Brooklyn over the result of the trial
The three juorOrs for Tilton are said to be
Jeffrey, Flatt and Davis. Tilton says the result
is moral victory for him. Every body seems
pleased at the termination of the long trial.
The Loeder Perjury.
NEW YORK, July Zone of Beecher's law
yers on being asked if Moulton was to be ar
rested, stated that he could not answer that
question, and that Moulton was not in Brook
Ign, but was consulting Gen. Butler, down east.
Mr.. Beach has intimated that next week there
will be more earnest effort made to get at The
bottom of the Loeder-Price conspiracy. He
told Sherman that he would be called on to
testify as to his connection with the case. 1t
was asserted last night that MI. John ID. Town
send of New York. would appear to defend
Loeder next week. Mr. Tilton said last even
ing that he was not in the room when the aft
davits were made, and that he never uttered
syllable of instructions to Price as to what he
should not say when he was called on to testi-
fly. The trial of Loeder was adjourned until
next Wednesday, instead of to-day, as stated.
MouIton Challenges Arrest.
The following explains itself:
To Editor of the Argus:
Sir-The New York Tribune, paper in the
interest of Henry Ward Beecher, published
this morning the following paragraph:
1.-The evidence OF Joseph M. Pearsall liz the
Loeder case so seriously duplicates Francis d.
Moulton in the manufacture of the false affida
Wit of Price and Loeder, that the counsel for
Mr.. Beecher have already taken steps to in
dict him for conspiracy as well as subornaton
of perjury, and will make application to 90
before the next grand jury If Moulton should
return to Brooklyn before the grand iury
meetf, he will be arrested and an examination
be had preliminary to action by the grand iu.
ry."
A judicial examination of the origin of the
Price Loeder affidavits and of my connection
with them is exactly the thing l desire. Ac-
cordingly have returned to Brooklyn to meet
the menace of Beecher's minIons, and here
by challenge and defy them to institute their
threatened proceedings.
(Signed) FRANCIS D. MoULToN.
No. 124 Montague street.
Brooklyn, July q 1875.
MIR. Beach thinks Verdict would have no
Moral Effect.
In regard to the jury's delay in making up
their minds to agree or disagree, Mr.. Beach
said last night it was unprecedented in this
country for a jury to stay out seven days, and
be was not aware thai it ever occurred any
where, The fact that the jury delibe ated
seven days before making any request is pretty