The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-13
SCENE IN COURT.
Dramatic Ending Of a Clerical
Scandal.
THE OFT GAS f
A Juror Inpeached and Arrested
After Voting.
WHAT IS UNIVERSAL sALyATI0Ne

PHILADELPHIA May IL, 1877.
The singular spectacle OF trial ending by the uncx-
pected arrest OF juror occurred IN this city to-day.
under circumstances that have had no parallel within
the memory OF the oldest practitioners at the Philade
rhia Bar The proceeding was so very unusual and
remarkable, and withal theatrical, that II fairly
s.stumpcd" the Court and the lawyers TO determine
what was proper legal course under the circuni-
stances
THE norT CASE.
An alleged !, O. be un.aiihiu Juror tho and
the trial OF a famous clerical scandal was tho occasion
OF this unusual incident which took place IN the Court
OF Sessions in this city this morning before Judge
Ecocx who has been pres ding there for over
week past ut tho trial Of Rev. Thomas u. Bot,,
OF the Kensnaton Baptist Church. charged
with violating his marriage with Miss
Louisa Younger, young lady member Of his
flock The readers oil HERALD VIII remember that
tho story was published IN these columns some
months ago, and has been fortunately unnecessary
to re peat the unpleasant recital The was
given 10 the jury last Tuesday afternoon. who since
that time have been strangely unable to agree upon
verdict although the evidence was apparently clear.
md Judge SAID they were called into court
after prolonged absence. there was no good reason
WHY conclusion should not be expected. For tho
lust day or two has known thai the jurors stood
eleven 10 Tor icon and singular rnmors have
been rife about the juror holding out for acqutai
regarding expressions alleged 10 have been used by
him upon second day OF the trial. declaring thai,
no matter what evidence going to be- he would
stay out weeks before he would consent to convict
Bott
ELsyES OBSTINATE MEy.
AT moor to-day Judge Elcocx for the jury again.
There was large crowd present, including many dis
tinguished members OF the bar for II was undcrstood
tlat there TO DC some very uncommon proceeding
IN regard 10 the eleven obstinate men, Judge Elcock,
turning toward The wearied dsnevclled looking
OF the pane, after they had taken their seats,
SAID addressing the foreman, Mr. Hart:-
.haveso agreed upon vcid,c,, scnIlemenW
Here The foreman answered mo, sir; nor Will we
II arc kept out SIX months"
rnc court inquired If there was not possibility OF
agreeing ana II the disagreement was question OF tact
or oi evidence. The lOrcmau responded that they
would be any nearer an agreement, aud that II
was question OF TACT mat caused the trouble Tho
Iour the jury ut length stating that
the pubic mad right 10 expect verdict IN Ibis case
Incir continued disagreement was shock TO
the administration OF justice, Tor II the
accused guilty Justice had not been indicated.
and II he innocent be had been still further
backened. Very often prejudice the 81 u
disagreement The part o jury and IN The present
case-like the majority Of othcrs-the trouble would
he easily adjusted BY applying Tho rules oil evidence.
IL they Unparalleled they ought agree, and
il any Of their number was prejudccd he had no rignt
in he Jury box Toe Court knew that III where
religion or pohrcsB n,ercd tho ter often
difficult TO reconcile opinions, but an unprejudced
iury should have no diIicuty in lnis case from The
evidence Ii corruption entered into the jury box
the strong OF justice would be swift to punish IL
Tho lberalhy Of The law in not locking up the jury
without icod water, was done under the old |
English law, might have been abused II they had |
honestly fulfilled their duty tho Court asked no
more, and jury would be discharged; but charges
had boon asangt member oil the jury, aud the
Court proposed to investigate them before dsmlssng
The jury
Assstrict Distrc, Attorney Decheri then called to |
.hc witness stand Mr.. Megdrgcc. a young gentleman |
connected with the Pknadellh Times. He de-
posed that on "Wednesday last lie was tod
panel Of jurors, but not in tins case, thai the
day OF the trial Robert Diamond, another mem |
Der OF he panel had heard one OF Tie jurors IN the
Bot say, While standing OUTSIDE the Court |
House, that no matter what the evidence was gong |
10 be he would never consent 10 convict Bots that
he would send for food and clothes 10 last him SIX
weeks nrs and had already arranged TO stay out over
sunday.
Robert Diamond testite that lie did overhcar what
Mr McDonough told The reporter at the tinc and |
place mentioned; J. f. Pike, James Lewis ana other |
persons were the yard the tfne ana also |
heard ~; witness did not know the name OF the jury
man but could identity him. he SAID and pointed ut |
TO A. Hodsson, carpenter, OF No. 1923 Brown |
street. clerical looking man with long, iron gray |
beard, who had been nervously pulling ms whiskers
during the testimony. Tho other persons alleged 10
heard the jurymsn's declaration were pres
cut ana were subponaed at once
THE ACCUSED JcRYMAy
The accused lurynan was sierniy ordered by the |
Court TO stand He was not placed in the dock, but
placed undcr arrest lie was aske. II he had coun-
sell anu, answering mo" Mr.. Brown was assigned, at
whose request Mr.. Hodgson was allowed TO take the
stand. lie SAID .
MUCH VIRTUE IFo
''Ihore were several OF US talking about the case,
and said that II / had made up my mind l would |
stay weeks before would live IN. | call my |
God witness never SAID l would stay out Tor Mr..
Bot. 1 never Mr.. Bott before, ana don't know |
ann"
care yon not a member of tie BAPTIST Church and !
,deacongn
.No, sir,n the witness answered.; II amt either. |
don't belong any Church. Ii you want to know |
my religious belief, beeve in universal salvaton;' |
but lac looked at the reporter AZ he said IT, though
he a QOf q m sch
The District Attorney safd he evidently included Mr..
upon which the witness answered ''ycsr before he
The point, and raised n laugh IN co1ri.
COURT Is PUZZLED.
The Court cndcavored TO ind out which side the
cused was on in the jury room, bot was puzzled
know how lar hc might nQur. into Tho OF
the jury He asked Hoagson whether he Tor
acquital convection but mis- counsel objected and the
Court waived tue question.
Mr. Hart, the foreman Of the jury, then testified |
that on the hrst ballot jury stood ve for acquua,
Owe Tor conviction and two aoubtu. After discussing
The evidence all cane around but Hodgson who held
out Tor acquiial from iirst TO last.
TINS closed the evidence. Court, District Attorney
brd counsel were puzzled and Tor while oihing
heard but the apd turning OF the dry leaves OF legal
books OF reference. Tho Court asked tho
District Attorney what lie had TO suggest,
ana the District Atori did know except that
Court should act with elaboration, and he proposed
that the accused be not committed for contempt until
lie examined the statutes. lie thought an indIcable
offence had been committed. Finally the
held IN 81, 800 bail To answer msdencanor. upon the
AFFIDAVIT OF Mr. Diamond, aud he him TO appear next
Saturday ana show cause why ho should not be com
mircd for contempt.
SHOT Ry GrRA NGER