National Republican. (Washington City (D.C.)) 1872-1888, 1876-04-14
TRIAL OF WIN. Il. orTMAE.
Disagreement of the Jury and Their Dischsrg

Disagreement Of the Jury and Their pischarges
The fact Of the case Of " N. II. Gilman, who
| has been on trial in the Criminal Court, Judge
DIN, for three weeks past, having been given to
| the Jury on wednesday afternoon, and their in
ability to agree on a verdict that evening and sub
| seouent locking up for the night, became pretty
| extensively known throughout the city. As a
consequence there was a large gathering at the
courtroom yesterday morning TO see II the twelve
| men had reached any better understanding
among them selves after their nights companion
ship, and If so, what that conclusion might be.
Rumors filled the air concerning the status Of the
jury on the question the night previous, and even
up 10 the time Of their appearance In court
Many persons professed 10 be posted on the situ-
alton, and went so far as to tell, to man, how
the men were divided in their opinions for an ae-
quittal or conviction.
WHILE THEY KNEW so MUCH,
| il was strange that many Of them differed $50
garded by most Of the eyen-minded persons as
really knowing nothing about the doings OF the
jurymen and that their stories were merely the
result of conjecture, after developments proved
such to be the case. At 10 O'Clock Mr.. Ottman
was in the courtroom, and although at all times
sui his ne showed FhHt night had not
brought him that refreshing slumber and rest
the body needs and Graves. To him II mao Deen
in all probability the most trying Of all the ex-
periences that he has undergone, and which this
unfortunate affair has entailed upon him. He
eNnlDlIeu eV1Oences Ol TtsLlcsshoses o4iN
both in face feature and action that waiting for
the verdict was a suspense torturing to the mind
and racking to the body. His wife, VINO mas been
devoted and
FAITHFUL TO HIM IN ALL HIS TROUBLE,
and never faltered when duty called her to his
side OF to labor for his release when the opportu-
nifty was presented, thus exemplitying the true
courtroom shortly after his arrival accompanied
by her daughter, and encouraged her husband to
hopeful thoughts for safe deliverance. The
lengthy deliberations and long confinement Of the
Jury were acceptable assurances that he had not
been convicted, but that disagreement existed,
of views by the lurymen and review OF the testi-
mony the better were his chances for an acquit-
tai. These were only feeble straws upon which
to lean, but, nevertheless, it was afterwards
shown that in them he had indeed found support;
for while 4, brought mot an5 59 fns
bring about a disagreement, which resulted in the
Jury's discharge.
JUDGE oLIN ENTERED THE COURTROOM
at lO25 clock and Immediately after the session
was opened in regular form. The regular panel
was called. and at the conclusion his Honor dl-
rected that the jury in the ettman case be brought
down from their room, which was promptly done.
As the twelve men filed into their seats they be
came the object Of every eye in the chamber. But
pearance that they had exhibited day after day
while sitting in hearing on the trial Most oil
them showed little fatigue from the nights con-
leased from their close and uncomfortable quar-
tiers.
Mr.. Middleton. the clcTh. Cdlleu llelT
and all responded.
The Court said: Gentlemen,
HAVE YOU AGREED UPON VERDICT?
The Foreman. We have not.
The Court. Is there any possibility Of your
agreeing do YOU think?
. The Foreman. Not much, think
Mr.. Elliot. l was about 10 inquire whether the
jury disagree generally upon all the indictments?
District Attorney Wells. You cannot ask that.
You might just as well ask them how they stood.
nd nd mr. their III there
is no prospect of your agreeing, will discharge
you. You have been out long enough, and have
been sitting in this case long enough. If honest
men could come TO n conclusion from the testi
mony. they would have come to il by this time;
and If jurors be actuated by dishonest motive,
THE SOONER THEY ARE DISCHARGED THE BETTER.
You can either, gentlemen, find the prisoner
guilty or not guilty. If there is any difficulty
about any rule of law, will thank you to call my
attention to it. and will try and make il as plain
to you as can; for am responsible as far as the
law of the case is concerned You have nothing
whatever TO do with regard to expressing opin-
ion about It at all; but If you disagree regarding
questions of fact to what differences ought to be
drawn from this testimony before you, why, that |
is your province entirely. l can give you no aid
with reference to that. If any misapprehension
or misunderstanding exists with regard to any
ruling in law that have laid down, will try and
correct that.
NoREsroNsE COMING FROM THE JURY,
The Court said: You are discharged, gentle.
men. -
District Attorney Wells. propose, If your |
Honor please and therefore say il now, that the |
gentlemen for the defense may be informed OF II,
TO move the trial Of this case week from Monday
next.
Mr.. Elliott. In response to that desire to say |
that Mr.. Carpenter, who has the management of |
the case, was here this morning, and stated that
he could not try IL again this term.
District Attorney Wells. cannot consent to |
put of the trial beyond this term to accommodate
the counsel. |
The Court remarked that he would make no |
order regarding the matter; as Judge Macarthur |
would Immediately resume his seat on the bench,
and he would have to take action.
Mr.. Cook desired written notice.
District Attorney Wells replied that no notice
at all was in fact required but through courtesy
he had mentioned to counsel what he proposed
doing.
JUDGE NACARTHKR APPEARING UPON THE BENCH.
District Attorney Wells repeated the notice he
had given Of calling the case for trial on week
from next Monday.
Mr.. Cook said there were only two of the counsel
for the defense present.
The Court said there was sufficient mum Der |
present TO receive notice. 4
Mr.. Cook replied that for special reasons he de-
clined receiving any verbal notice.
This closed proceedings in the case.
On making Inquiry as 10 the standing Of tine
jury on verdict II was aseertained that twelve
for conviction and five for acquittal Shortly |
thought that now another effort will be made to
obtain his release reduced bail Such an appli-
cation will probably be granted.