National Republican., 1876-12-30
A DISAGREEING JURY.
NO VERDICT IN THE TYLER CASE.

The Jury Out Twenty-three Hours-They
Fail to Agree and are Discharged Con-
tinued Illness of the Accused-He Has Two
Hore Hemorrhages-His Condition Critical.
The serious and sudden illness Of VIM. Tyler,
indicted for forgery, at the City Hail. last Thurs
DAY afternoon, has caused increased interest to
become manifested in the case, and 1t was hoped
by many that a verdict would be returned in his
favor. The physical condition Of the young man
was such on Thursday night that his family and
most intimate friends expressed the opinion that
higher than earthly power would soon inter-
Vene, and ere many hours elapsed he would be
summoned before another Judgment seat to render
an account of his stewardship; that it mattered
not what decision this jury might reach, as the
verdict could not effect him but little if at all,
and his situation was such that his thoughts
should be transferred to the sacred duty Of pre-
pairing soul that might, at moment, be called
before its Master. After being removed to the
home of his father, in Georgetown, Thursday
night, he again suffered
RECURRENCE OF THE HEMoRREAGE ATTACK,
which yesterday morning was followed by still
another. These LEFT him very weak, and the ply
siei8ns pronounced his condition exceedingly pre-
eariOus if not entirely hopeless. His father re-
mained by him during the day, while the brother,
Or. Bowie Tyler, came as the representative to
the court
when his Honor convened the daily session he
concluded, unless the jury agreed, not to send for
them before noon. He was exceedingly anxious
10 obtain verdict from them and thought the
serious circumstances that had recently been
thrown about the case warranted him in his efforts
10 secure a termination of the trial by positive
decision fer or against the defendant.
At l:iO p m Immediately after tasdd the recess all
seats in the courtroom, where number Of friends
had also gathered, the court directed that the
Jury be brought down from their consultation
room When they came in and were seated Mr..
Sparrow, the clerk, inquired if they
HAD AGREED UPON A VERDICT.
Mr., Miller, foreman, replied that they had not
His Honor then questioned them as to the like
Mr. Miller said that they had done everything
possible to reach an agreement. They had thor
0ughly canyassed the law and the evidence, and
he, in his own mind, was satisfied that there was
no possibility of coming to an agreement.
His Honor inquired If there was anything as to
the law which they desired to be enlightened
upon.
thoroughly understood the evidence and the law.
Mr.. McGill, juror, said that the question on
which conclusion hinged was as to the weight
10 be given the testimony of the experts.
MI. Miller said that it was true that one or two
Of the jurors were in favor of baslng their judg-
ment on the medical testimony, he regretted to
say, and that had done much TO cause
THE DISAGREEMENT BETWEEN THEM.
Mr.. Merrick said that in view of the remarks
made by the juryman, he would ask the Court to
enlighten the jury on those points. He did not
simply that they be enlightened, and they might
then perhaps come to an agreement.
His Honor then instructed the jury on this point,
plain the character of the testimony coming from
experts and the weight which must be attached
10 II. He did not mean to say that it should have
no weight, but it was competent evidence. should
be considered and they should weigh it. But the
testimony of the most experienced experts should
not consider the jury was transcending its duty
IL they gave some weight TO the testimony of a
physician The ordinary physician would not be
entitled 10 the same degree Of consideration as an
expert who had made insanity his business and
study for life. witness, when the defense is in
sanity, called upon to express his opinion, as
Sumes
A F0sITToN OF VERY GRAVE RESPONSIBILITY.
The ordinary physician when describing the ac-
tons Of party, and is to be followed by one who
has made insanity life time study, and who is
to base his opinion on such testimony should be
extremely cautious in delivering his testimony so
to avoid error. A witness like DR.. Nichols,
who had devoted his life TO this subject, and has
a reputation well-knOwn throughout he country,
who is conscientious, and has no disposition to
turn an insane man loose on the community is en-
titled to much consideration. The opinion Of such
an expert is entitled to more consideration than
the experience Of an ordinary physician who
makes no speciality a study. His Honor here read
from Curtis en- insanity, and remarked that he
the subject. 1t was exceedingly important that
this case should terminate with verdict, more
so on account of the precarious condition of the
prisoner. He would ask them to retire once more,
and see If they could not come to an agreement
While he had remarked that it was necessary
to have verdict at all hazards, he did not wish
TO eoerce the Jury into an agreement but it. after
retiring, celebrating the case and giving it
suitable and reasonable fattention, they fail TO
reach an understanding,
HE WOULD RECALL AND DISCHARGE THEM.
hut hoped that by this final consultation they
would agree upon a verdict.
The jury once more retired to their room.
At 2;45 O'Clock they again entered the court
room, and in response TO question from his
Honor the foreman stated that 1t was impossible
for them to agree.
He then directed the panel to be discharged.
Upon consulting with some Of the members il
was ascertained that they stood, at the time Of
their dismissal, eight for conviction and four for
aequittal.