Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-07-02
BEECHER.
The Jury Disagree.
Judge Nelson's Rcma rk s-The
Jury Again Retire.
Moulton to be Arrested.

bled all the morning in the Brooklyn court house
At ii 40 there was fearful rush into the city
court, consequent on the report that Judge Neil.
son had just received commun ications from the
| jury, and that the judge had thereupon sent for
counsel, Bee cher and Tilton. The report is prob
ably true. Usher Murray is ,jJ) arrang-
ing chairs for the BE echer party. The jury wal
come in about P.
Mrs. Beecher arrived in court at noon in COM
pany with Mrs. Murray, and yeceived with
clappng of hands. The photograph man in the
! gallery in preparing to take a picture of the
court.
Assistant pastor Halliday, Mrs. Howard, John
Raymond of Vassar College, Dr. Beecher, Mrs.
Col. Beecher and number of ladies of Plymouth
church have arrived. Up to O'Clock Titon had
not arrived. Beedher will be absent having gone
to Peekskill to-day. AT 1.25 the judge took his
place on the bench, and counsel for Tilton came
IN. Beech was received with applause. and there
was another outburst when Evarts, Tracy, Abbott
and Shearman came in. Counsel all look solemn.
After the applause had subsidized dead silence
prevailed. All eyes were eagerly turned towards
the door by which the jury was to enter. AT l30
p. rap was heard at the door, the officer open .
ed it and in walked the jury. The judge request
ed everybody to keep still, and then the roll of
the jury was called. They had disagreed.
The judge, addressing the jury, said: Gentle
men, learn from a communication from you that
there is a difference between you. want to
know if it is of fact or law
Foreman-It is impossible for US to agree That
is nv decided belief
Judge-Which is it, Of fact OF law
Foreman-Of fact.
Judge.-You see the embarrassment the court is
under. The evidence was very fully discussed
and given 20 the jury, and although this is your
sixth dav ont received from you to-day the first
suggestion that you were not likely to agree. My
impression was that you had right to remain out
without intrusion even from the court, until you
requested the assistance of the court. could
send nothing to you without consent of counsel
on both sides, and they agreed to let you have the
evidence and they BIT lieved that the jury were do
ing all they could toward agreement, in thus con-
tnuing their deliberations, and not doubling your
ability and industry Gentlemen, it is difficult to
find case where agreement by the jury would be
more desirable.
Attention has been called to the fact that after
the close Of the argument some papers were hand
ed up to me in application to receive more evil
! dence and the next morning denied the appica-
ton. The subject matter OF the evidence was not
stated to the counsel for the detendent. thought
it proper to deny that motion, assured that the
jury would forget that evidence and not allow
their minds to be disturbed by it. Of course it is
a matter that you do not think of. | assume that
| YOU do not know. Would it be suitable or con-
| venient to state to me some question that sayors
of the question Of law on which can instruct
you
Foreman.-It is difference of fact. must
say there is rot the slig htes prospect of our agree
i ing.
Foreman-There is but one on the jury
who thinks that an agreement is possible.
Judge-Because have a note from one of the
jury which says that he he thinks further exami-
| nation OF the testimony ought to be made, and
feel so strongly myself Remember what / have
said to you about the importance Of an agreement.
Retire to your room. Give the subject further
consideration. and report to NE about o'clock
in the afternoon.
The jury then retired.
4.30 p. m.-The jury have net yet returned.
The same parties who were in attendance this
morning were in attendance at 4 p. IN. Mrs.
Beecher, Mrs. Col Beecher, Moses Beach and
Judge Porter arrived together at $50. Mrs.
Field, Deasons Howard and Murray, and Mrs.
! Howard and Murray set in the same row of chairs
as the Beecher family. AS everybody who could
| find room inside was allowed to go in, the court
was crowded more than ever and resounoed with
discussions, jokes and laughter. At 4 o'clock,
Tilton and gentleman friend came in. About
half the audience clapped hands for him. Then
usher Caldwell came in, carrying chair in his
hand. The audience greeted him with laughter
and clapping of hands.
The negro witness Woodleigh among the
audience He declares counsellor Beach, though
able to read the Scriptures, is not able to cNpound
them.
At 4.40 Judge Nelson came into court and
made the announcement that out of consideration
| for the audience he would not send for the jury
tonight. His Honor was loudly applauded. The
court room was then cleared and locked Ninety
five reporters and other newspaper men were in
court to day.
Below is the correspondence with the jury al
/ luded to by the Judge:
Eleven jurors to the Judge
MAY it please the court, We think there is no
possibility of our agreeing on verdict, and we
respectfully ask to be discharged.
Chester Carpenter,