National Republican. (Washington City (D.C.)) 1872-1888, 1878-03-30
THE HORNER HOMICIDE.
Az UNUSUAL VERDICT FOUND BY a
HUNGRY JUEY.
IsClaston Acquitted or Convicted ?--hc Jury
Decide That lie Did Not Intend to XIII His
Fathsr-In- Law.

Isolation Acquitted or Convicted :-rhc Jury
Decide That lie Did Not Intend to XIII His
Fathor-in-Law.
The jury ~ the case Of Thomas Claxton, indicted
for manSlaughter in killing his fathcrinlaw, VII.
liam Horner, after being out all night was sent for
by Justice wylIc, yesterday morning. shortly amer
tho court opened.
To the usual question propoundei by the clerk,
the foreman responded that they had not"
Ills Honor. Gentlemen, you can retire and try
again"
Foreman Combs. Judge. we are very hungry"
Ills Honor. Il don't care ifyou arc, you can re.
tir,"
The jury we're then conducted back to the room.
They came w again at 2eO r. m, and foreman
Combs inquired OF the court, whether II Claxton
had no intention to kill In throwing the poker II 1t
was rs ,n MAJ KS Honor said 49, ,,,
was caused By misadventure in using the poker; or
IN necessary defense against danger threatened to
homicide but II YOU believe from the evidence
that the poker was thrown by the prisoner not by
nisadventure or IN selfdcfcnse, then the deed
amounts to nianslaushter. fthe deed was not eN-
cusabe homicide II must be manslaughtcr ct least.
Rack AGAIN.
The jury retired once more, and half.past three
o'clock the court sent for them to return.
still they had not asrced. His Honor said that
he supposed they had not. There was one way out
% the case, and that was by special verdict II
they found 1t easier 70 agree upon certain fncts,
lnen licy cOulu 40 80, hnu tne court WOulu say
what these incts proved but II that could not be
done, then they Inst take their own way about It.
Mr. Combs-"Alust We retire again
The Court-"Ics. Amer case has been elab-
ntely presented and argued am not disposed to
take 1t from the consideration of jury AFTER short
| discussion"
Mr. Combs-"Nust I retire TO that same old mat
| tress had last night? Il Is mighty hard"
| the case further
Colonel Corkhill said that he did not protes,
against the action of the court but gave notice that
he did not waive any Of the rights OF his client
that II might impcril.
The jury for the third time went back to their
| room, and returned at i:lO p. m.
THE VERDICT.
Foreman Combs in response to tho question OF
the clerk. rcGd the following:
We, the Jurors, find that william Homer came
to his death ola wound inflicted by a poker thrown
by Thomas ClaNton, without the Intention of XIII
ing the said William lIorncr. and recommend
Thomas Claxton TO the mercy of the court"
HIS Honor directed tho clerk to enter the YER
| diet.
Colonel COrkhnl objected 10 the receiving and
| entering Of the verdict SAYING that he wished Il
| preserve all the rights OF his client.
The Court replied that hU could avail himself
OF the objection ut any stage of the proceedings
| and had four days in which to file any motion he
| desired 10 make. The manner Of rendering the
verdict was All innovation ON the custom hereto
| fore observed. and those present did not seem %
| understand IT, They were unable To toll whether
the accused was acquitted or convicted, but accord
ing tO the Courts instructions he will constrliC
what the facts set forth by the jury prove. The do
| icEso seems pretty well content with the result