New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-28
JUDGE NELSON'S VIEWS.
HIS MANAGEMENT OF THE JURY.

THE JUDGE NOT DISTURBED BY TILE JURY's
DELAY-LENGTH OF CONFINEMENT TO BE DETER
MINED BY DELIBERATION AND CONSULTATION
WITH CoUNsEI-THE CHARGE.
A TRIBUNE reporter called on Judge Nelson yes
terday afternoon for the purpose of asccrtaining
some facts with reference to the treatment of tho
jury in the Triton Beecher trial. and also to learn the
views of the Judge to the length of time
that the jury would be allowed to re-
main out before being summoned before the
Court. The Judge was found in his private
room In the Courthouse, where he had been during
the day. He sitting in easy position with hrs
coat Off and was quietly reading The doors leading
into the adjacent public hall were open, and there
were the policemen who were in charge of the outer
doors. In the Clerks Office opposite, the officers
who were guarding the jury stationed while
the jurymen separated from them by locked
door, The Judge was disposed to be communicative
and in answer to questions relating to the furnishing
of the jury with MATRICES to sleep on and other
Injuries, contrary to the usual custom, said
Some Of the jurymen were not well, being affected
by the heat yesterday aud after proper inspection
allowed two small mattresses to be ken IN for them
to recne on and to make them comfortable. also
allowed in some change of linen, but not
without personal inspection; Two OF them Mr JeI-
freys and Mr. Taylor, complained of sick headache,
and consented that a bottle of wine and prepara-
ton of whisky should be taken to Them as regarded
these az medicinal. The bottle of wine was wrapped
up in brown paper Some ice-cream was sent 10 Mr..
Whelan accompanied by note. After examination
l allowed the ice-cTeam to be sent ln--there was
enough for all of the jurymen,-but directed inc
these tbo in oe exercsed nv en not deemng
il proper that jurymen who were faint or unwell
should be punished by deprivation OF necessary
sonal inspection. Two or three changes OF linen
We're sent 90 the juryinen, but the paper wrapped
tine bundles was hh OIL took e5s
not more than five minutes ago-put on without any
purpose. There have been two or three instances OF
boys or girls who have here to the Jurymen
and bring word from their families The mother OF
of the jurynen was sick and lie sent Tor lnfor-
nation as to her health In t'cse eases have com
muncated the facts relative to the condition OF their
families to the jurymen, but no one has been al
mittcd to see them. ,
As to this matter of the officers taking their meals
with the ury-ths occurred once. 1t was beause the
other room was occupied by the jurors OF the Court
of Sessions. Of course l prohibited its repetition,
but there was no occasion for reprmand The Oh
ficers who guard the jury, believe, are conscien-
tous men they have been here good while and are
well known. think the facts with reference to the
meals and comforts which have been supplied 10 the
jury have been oyerstated in some of the papers.
At this point the Judge interrupted by the
entrance of young man who brought change OF
clothes to Mr. Hull. There also an unsealed
note stating the death of a relative OF Mr.. Hull
The Judge tore off the newspaper in which the linen
was wrapped, and sent it and the note to Mir. HULL
The young man = ished to wait and carry nome the
III.
not allow it, and remarked that Mr.. Hull probably
would "carry them home himself Tomorrow
He then resumed his conversation, and said:
While our own officers who are in the Clerks Office
are sworn 70 take charge of the jury the police stay
here night and day-sOme in the halls and Others on
guarl outside, to prevent any approach 10 the outer
windows.
The large courtroom in which the jury now are
will be occupied by the court tomorrow, and the
jury will 20 up stairs to their own room, which Il
less comfortable. Two branches OF the Court VIII
open tomorrow, there are 30 canses on the EVIL
calendar to be tried .Jures have been summoned
and the courts will be continued in order to exhaust
the calendar. shall take part in this as far as pos
sbe in the room which have been occupying
Should the jury in this ease inform me that YER
diet has been reached, should suspend any trial
which might be in progress. This is frequently
Now as to the statement that the jury sent for my
charge on Friday afternoon, there have been some
erroneous reports. The request for the charge
anything to jury without consulting the coun-
sci. At the conference which was held the
counsel could nt agree. inc fact .sV was @ Soe
given them for refusing their request. They also
asked for points with reference to circumstan-
evidence. likewise brought this before the counsel
without their coming to an agreement. l gave the
jury no for my action but t desnid t bane
received word from the jury as to the case in any
form purpose to-day at o'clock, if they seem to
be chiefly solicous about their supper to go home,
assuming that nothing will be done to-day. Should
they send word in the evening early enough for me
to give the hours notice promised yesterday, me
Court will convene tonight II they agree at late
hour the case will stand over TIL Tomorrow morning
According to the common course, the inst night the
Clerk was disposed TO send up sealed verdict, but
did not consider such q course appropriate In this
case aud refused to treat It Ill this way.
The question as to how long the jury VIII be Kept
is TO be determined by consultation with counsel
and by due elaboration, and have no idea as to
how long it will be. That is difficult point, be-
cause, first, the jury DISCHARGED too soon, we
ho I;aI,la for moi
restraint of their impatence in order TO secure YER
Dict But on the other hand it would be unfayOrabc
ont too long as it would seem like an attempt to
force them 10 "A verdict. The people Ike earnest
and decision as properly APPLIED but they
like inflicting undue pressure upon the Jury. ,
have not been much disturbed by the delay in the
agreeing of the jury thus far as IN cases IN TINS
have been kept out two days anu nlgnt before
agreeing; and i'll this after five months service,
il does not unnatural that jury should take
longer time than in shorter cases. that, if among
themselves they attempt to discuss the case OF recall
the arguments, they might not Oh ther own accord
The longest time during which Jury has been out
in this Court was in staten Island steamboat case
The jury then out three days and then reached
verdict. Ii is not usual or proper To send for jury
until they send word that they want some lnstrdc-
ton cannot agree. III men case would can 'Ien
i'm and ask if any instruction or information would
be useful to them. They can then indicate the
point of difficulty. If it savors OF question OF law,
should state my views; III the disagreement were
on a point of fact / should give no instruction.
proposed night before last on my return from tea
and after had superintendent the removal OF the
jury to their sleeping apartment, TO JON with coun
sci and ask them what questions would be of use to
them. On conference with Judge Porter and Mr..
Pryor they concluded to leave the jury until they
asked the privilege of coming in, and i accepted
their view.
The Judge has repeatedly expressed himself
heartily relieved at the virtual closing of the
Once in jocose moment, abiding to the breyitv of