National Republican., 1877-04-12
THE JURY STILL OUT.
NO pERDICT YET IN THE OTTkAS'
TRIAL,


Mahs Thesr Appearance, Arc Reinstructet'
and Retire Again to Their Room.
II was mixed crowd that gathered 10 the
courtroom yesterday morning, and not all Of
them were drawn there Tor the same purpose.
A number Of appeal whisky cases were on the
assignment to be heard, and for these the wit
nesses were numerous and greatly swelled the
throng.
In examining them over their faces pre-
sented q picture not exactly the counterpart
OF poets dream, but exhibited q study for
human nature, In which could be found the
ups and downs Of life, poverty and ailuence.
Those intere sted In the trial Of VIM. II. Ott-
man, and anxious to see Its termination, were
early visitors, and before the court convened
the space beyond the railing was pretty well
utilized. Within the bar the seats were filled
and many were obliged to accept standing
room. At ten minutes past ten O'Clock JUS
tice Olin came on the bench, and after the
court was opened in due form, he remarked
that he had been asked by Chief Justice Cart
ter to hear the appeal cases that had come up
from Judge snelPs court.
The counsel for Mr.. Ottman consulted with
his Honor in regard to the jury, that had been
out all night celebrating over their case. He
replied that
HE would NOT BRING THEM DOWN,
but II thev desired to come in he would send
for Justice Macarthur, who could take what
ever action he felt inciiued to under The cir
cumstances. The knowledge Of this action Of
the court soon scattered among the spectators,
and had the effect of reducing the size Of the
audience in the chamber.
Justice Olin proceeded with the appeal
eases, making slow time In disposing with this
class Of violators Of the law. About O'Clock
. slight ripple OF excitement was created by
the announcement that the jury IN the Ottmau
case were ready to come into court, and that
Justice Macarthur had been sent for to 70.
ceive their verdict. The report quickly passed
out side, and the audience In the chamber was
rapidly augmented. Tho frst 10 appear OF
man, accompanied by two OF his counsel. His
Honor Justice Macarthur immediaely fol-
lowed, and TEN porurily relieved Justice Olin
on the bench.
District Attorney Wells next came In, and
took his customary seat.
The Court directed the jury to be brought
IN. They had been out twenty two hours, and
when they entered their appearance gave evi.
denee Of the long confinement that they hsd
undergone, and how much they stood in need
Of being released.
Amer they had been seated and polled the
clerk asked them II they had agreed upons
verdict, and the foreman replied that
THEY HAD NOT AGREED.
This announcement was received with
demonstrations OF disappointment, and those
persons who had th,ir hopes suddenly elevated
were as quickly thrown down by despair, and
discouraging look was observable upon many
. face. Mr.. Ottman took the announcement
calmly, and not q muscle Of the face showed
that the disagresipg jury had affected him in
the least.
His Honor said that he bad received the fol-
lowing Communication, with the names Of all
the Jurors attached:
SIN. The iurors eptsrtain conaictinv o,inion.
IDENTITY Of the stolen money. and also the charge
instructed upon the above points.
His Honor said that he would re-read that
portion OF the charge, as he did not know q
better way to furnish the knowledge. He had
written It out in order
TO MAKE IT MORE POINTED AND CLEAR.
He then read the following:
"Upon the question Of receiving the goods
there Is no doubt, but the proof must sus-
tain the charge in the indictment and show
that the money received was the same In point
Of fact a. that which was stolen. In other
words, the money stolen must be Identical
| with that which was received. II 10 not sun.
cient simply to show that the defendant had
the same kind Of money In his possession.
The Identification Of money differs from arti.
cles or animals, for II has no distinguishing
marks. A thief can, therefore, pass 1t into the
general circulation with more ease than q
ehattei, which can be followed and Recognized
by form, shape aud color. There Is no difii.
Guilty In identifying q horse, COW or book
These are capable Of absolute identity from
their very nature, but there is q sameness
about Treasury notes that defes dscrimna.
tiou. Tie clerks In the cash-room of the
Treasury handle numerous sums of money
perhaps greater amounts than pass through
the hands Of the same number OF persons any.
where else in the whole world. Mr.. Whitney
the currency teller, informs us that he couuil
all the money issued by the Government Of
sent to the national banks.
Probably he has manipulated not less thar
| three or four thousand millions in the sever
or eight years he has occupied this responsible,
position. To ask him to Identify these bill
would be
| TO REQUIRE AN IMPossIBILITY,
and II there was no other way OF proving
them than by swearing to them absolutely
they would be placed beyond the protection
OF the law. Yet scarcely . day passes In thi
court that persons are not convicted of steal
ing them. This is done upon evidence of cir
cum stances which satisfy the Jury that the,
are the identical bills stolen. There are sew
eral other kinds Of property that are ATTENDED
wheat, oats, which mixed when lost form al
indiscriminate mass. But persons are oftei
convicted OF larceny In courts OF Justice 70
stealing them upon the evidence furnished b.
circumstances. / do not mean to instruc
you that the mere circumstance of nndin
money In possession OF defendant Of the sam
lind as that which was lost imposes upon tn
defendant the duty of explaining how b
came by 1t, or that it's sufficient evidence tha
| u Is the money stolen from the counting room
IL Is simply circumstance In the case whic
Is to he considered In connection with tn
whole testimony. The evidence relating /
this part Of the investigation will be consid
cred by the jury for the purpose OF ascertain
ing whether they are the identical same bill
that we're stolen.
at will be proper for you to consider, In thI
connection, the number and kind Of bills losi
their denomination, the year Of the series t
which they belonged, and the numbers as I
thousands in which they ran. You will ais
consider the bills found iu possession or unie
the coGtrol of the defendant, aud compar
them in the respects Just enumerated wit
those that were lost. Those are
THE GENERAL MARKS OR CIRCUMSTANCES
which furnish evidence upon this subject
You will also consider when the larceny oc
Cured, and how soon after the bills 10 ev
dence were discovered and claimed by defend
ant. And II upon the whole you have no rei
sonable doubt that the evidence Is sufficient /
establish their Identity, you will be warrAnte
In concluding that they were tho same, an
will find accordingly; otherwise you must &C
quit"
His Honor, touching on the matter Of eli
cumstantial evidence, said that the evidenc
OF circumstances In criminal proceedings
not only legal, but necessary. The facts car