Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-07-02
BEECHER.
Judge Nelson Sends for the Jury
Instructions in Regard to the
CROOKED" Evidence.
No Chance for Agreement.
The jury demanded to their
Room.

4
from the jury. but declined to make iIs
/ contents known. He Immediately sent for
| counsel. Shortly before IL Mrs. BeecheT
/ looked in at the courtroom, returning at
/ Il, when she was loudly applauded and
| took her seat in the front row of Plymouth
! chairs, which had been replaced by the
ushers, Couldwell and Murray, when il
was Tumored that the jury were coming
into court, the usual large crowd in the
meantime had assembled awaiting the ar
rival Of counsel.
Counsel having arrived, q consultation
took place, in Judge Nelson's room. At
its conclusion, the Judge took his seat on
the bench. AT 1856 p. NJ. the jury came in
and took seats, looking pale and exhausted.
Some Of them carried coats and travelling
bags in their hands, from which the audi
ence argued. they had come to an agree
ment, and were prepared 10 leave the court.
Judge Nelson requested that the utmost
| silence be observed in court during the pro-
ceedings. Clerk MattisOn called the jury,
who answered to their names in low tones.
| Judge Nelson then said he was sorry that
they could not agree, and asked them if
The disputed question was one Of fact or
law. Mr.. Carpenter, speaking in a low
voice, stated that it was impossible for the
| jury to agree, and that he regretted il very
much. The question of disagreement was
one Of fact.
Judge Nelson then called attention 10
the length of the trial, and said that was
! the first intimatiOn he had from the Jury in
our embaTTassments, and said the various
considerations had been pressed on their
attention. Attention 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
afternoon, and denied the motion for re-
opening the case. Not presuming for a
moment that the jury would forget that
subject, he would like to know if any
thing was lingering in their minds in re-
gard TO the matter, and asked them if il
would be suitable for them, to state TO him
any questions of law or fact which dis
turbed them. Carpenter repeated that it
was simply a 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 lie spoke
| for eleven Of the jurors when he said that
he believed that an agreement was impOs-
sible, and that there was only one man
who believed they could ever reach unan-
| imOus conclusion.
Judge Nelson spoke 10 them Of the i'm
| pOrtance Of the case, and asked them 10
| give il their further consideration, request
/ ing them for that purpose to retire again to
| their rooms and del berate upon it fuTthes,
| and communicate with him about four
| o'clock Carpenter asked how they should
| communicate with him, to which he re-
! piled, did not make any matter. AT 20
! MINUTES of , o'clock the jury left the court,
| ascending TO the room from which they
came. At > o'clock Judge Nelson entered
/ the c0lrt-rOOm and said that after due con
sideTadOn he had arrived at the conclusion
not to rail- the jury in to-day, and ne would
| take tbs opportunity Of stating to the re-
porteri in attendance that he would give
! them IN hours notice when the jury were
to be Failed. The Judge then left the
| benchand the court was cleared Of specta-
| tors.
| SoIie persons in the court loom got the
idea fOm the remarks Of Foreman CaTpen-
| ter, { lat the jury stood Il to /. The fact
is, 4 explained by Gen. Tracy Of Mr..
| Beecler's counsel, that Sir. Carpenter sim
! ply 1eant to convey that eleven Of the
! Jurors had made up;their minds; that il was
/ impossible for them to agree, while a 18th
| deeIied a further examination Of evidence
/ desirable, and thought Il might lead to 4
| verdict.
! The Case or Loeder.
| Tie case Of Joseph LOedcr, uphOlsterer,
| accused of swearing TO a false affidavit
! against Rev. II. ". BeeCher, was resumed
! in fhe Third District Court of Brooklyn
| to-day. The court room was packed with
| spectators, including a number Of the Ply
| mouth Church congregation.
Jas. NJ. Pearsall testified that he was
| clerk of Morris & Pearsall, and was also
/ Notary Public; knew both LOeder and
/ Price, the former since June -; saw Price
! ia the Office at his employers on the same
/ date, witness met Norris on sidewalk, who
I asked him to swear LOeder and Price; on
I entering the Office he found affidavits partly
! drawn up; Judge Morris, Gen. Pryor and
/ Nh. Frank AI0ultOn were present; hlr. Til
/ ton was in the back Office, but had nothing
/ to do with the afiiiav Is; LOeder's affidavit
was finished by NoultOn, after which il
/ was read by Gen. Pryor and signed by
| Loeder, who carefully read it before atliX-
! ing his signature; Prices affidavit was
! sworn TO al the same time.
! After Pcarsall had concluded his evil
| dence, Mr.. Wilcox, Of the Nc,g York Her
! aid, was called, and testified that be saw
/ LCeder on Friday, 10Th Of June, and told
| him he had been sent 70 him in regard TO
| something ne knew about Mr.. BeeCher and
/ Mrs. TiltOn. LOeder at first seemed re-
| luetant TO state what he knew, but finally
| gave him the substance of the statement
! published in the Herald. The name of
! L9eder had been given him by one Of the
| editorial stall. The District Attorney
/ asked the editors name. Witness thought
i it would not be proper to give il, and the
/ Judge thought it was immaterial. Wit
ness had several conversations with LOeder
/ Found Prices name in the directory, and
went TO see his father. Mr.. Price. ST..
said he did not think his son knew any
| thing about the affair, as he had never heard
him speak Of it. He brought witness to
! where his son was, and after a series of
! questions, he ct the statement which he
| published.
Mr.. F. G.. Dana, sOn-in-laW Of DIR. Bud
| dingtOn, testified that he knew Jos. LOeder
who was doing some work fer him one
! evening in May. Witness went TO hi!
| (LOeder's) store and had a conversation
| with him, in which he told him the cir
/ eUmstauce of his mailing down a carpet a
Mrs. TiltOn's; when he went into the room
/ he saw nothing criminally wrong, but tn,
] circumstance was suspi, ious, as he saw
/ BeecLcr kiss Ms. Tilton.
Walter J. Scott, clerk in the office o
| Morris * Pearsall, testified 10 his having
| copied the stfidavits, after which twas con
Guided to adjourn the examination until
| tomorrow. A motion was made 10 admit
Loeder to bail, but the Judge said he Ina,
no Jurisdiction and the prisoner was re
/ maHded.
KENTUCKY.