New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-05-02
THE WHISKY CASEs,
Tho Jury Stlll Out.

THE WHISKY CAsEs.
Tho Jury SIN Out.
After Saturdays proceedings, the United
States Circuit Court having on trial Feb
renbach ct al, for conspiring to defrsud the
government out of it's revenue on distilled
and rectifed spirits, the jury retired into
the depths Of room sealed to all the world
beside 1t is surmised that the dozen gen.
tlemen talked about the case as became
grave and reverend seigniors, but it is only
q surmise. Most likely the members, on re-
firing, pulled off their coats. rolled up their
sleeves, yawned and asked for something
to eat and drink, just as became mortals
who could not attend divine service on Sun-
day. A few of them talked about crooked
whisky, mixing Of mash tubs, distilleries,
revenue cficers and rectifying establish
ments, with ardent wishes for discharge
Occasionally one up the jurymen asked
another, or all, what he thought about
certain point that was not precisely clear
in his mind.
Court was adjourned until Sunday morn
ing at ten o'clock, and at that hour mixed
audience wandered around the Custom
house to learn the result. Half an hour
after eleven o'clock Judge Woods took his
seat, and the attorneys, with accused, we're
at the bar. The jury was announced, and
the court inquired: Gentlemen Of the jury,
have you agreed on q verdict" The
foreman replied that they had not.
The Judge asked whether the disagree
ment was as to all, or portion of the de-
PENDANTS. The reply was, "Only part of
them"
Judge Woods said:
In that case feel it my duty to state to
you q provision of the law which did not
call your attention to on yesterday. It is q
statute of the United States which declares
that if jury can not agree upon verdict
rs to all the indicted persons, they can rem
der verdict as to those upon whom they
are agreed, and the case Of the other de-
PENDANTS can be tried by another Jury. l
thought it best not to call your attention to
this statute yesterday, because there might
not be any mistrial a. to any Of the de-
fendants. I presume you have diligently
considered the case up to this time. If you
can agree as to q part Of the defendants
YOU can return verdict in accordance with
that agreement. Is there any question Of
law on which you desire instruction!
The foreman said ie was not q question
concerning the law.
The Judge then said that there should be
an agreement and that the jury would not
be discharged until verdict was rendered.
The jury thereupon retired.
In the evening, say four O'Clock, the jury
sent word they would appear in court, and
the foreman, Mr.. Sarrazin, declared, that 3
verdict, in part, had been arrived at. 1t
was that Charles w. Wills, John Nc
Whirter and Paul Bruce we're not guilty.
There was no decision as to the other ac-
cused.
The Jury was then instructed that they
need not further consider the cases OF the
persons acquitted, and the defendants will
be declared acquitted when final verdict
shall be handed in.
A recess was taken until nine o'clock st
night, but at that hour the jurymen were
mostly sleeping, having failed to settle on
anything.
AT ten o'clock Monday morning the jury
was still undecided, and it was SO under
stood on the outside. All day long numbers
of people visited the Customhouse to learn
all they could concerning the result, but
the iury had nothing to offer; they did not
even ask for instructions, seeming content
to eat good dinner. 1t was rumored out
side that one member hung out strong for
acouittal or conviction-it was reported
both ways, but that amounts to nothing.
As the day grew older the anxious crowds
began TO vanish, thinking that there would
be a hung Jury. A nine o'clock last night q
pailif announced that the jurymen had
donned their nightcaps and had nothing
Fov tho nOurt.