Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-01-19
SINGULAR TRIAL.
DErAUnr1Na rRE.4sURER GUILTY.
Judge Macdonald Bound to Make the
Jury Agree if it Took All Winter.
IG,encoe Reo;s+er Ian ~

JuO&0 M0cOOndl0 ftOunO 10 mako the
Jury Agree if it Took All Winter.
Glencoe Register, Jan. IT,.
The case Of the State of Minnesota against
G. r. Minis, charged with embezzling $23.-
693.34 of the funds belonging to the county
of Mcleod, came on Immediately after the
close of the first trial. For the trial of the
case, the sheriff had summoned twenty-five
men, out of which only four jurors were
found competent. The judge thereupon
issued special venire to summon twenty
more, from which number the panel was
completed as follows: August Shultz, Harvey
Hall, Ira Shears, VIM. Luders, L. r. Cook,
Zimri Harrison, James Nelson, George
w. Colby, s. Dearborn, B. Mat
thews, Freeman Darrell, L. A. Foster.
The evidence in the case being substantial
~ the same as that produced in the other,
full report of which we gave in the last issue,
need not be reproduced here. The prosecu-
ton was conducted by Attorney General Will
son, assisted by County Attorney Fitch. The
defense by William Irwin, of St. Paul. as
sisted by ex-County Attorney, J. V, v. Lewis.
The case was given to the jury about 5
o'clock Friday evening. Saturday forenoon
the judge called the jury into court and adj
dressed them as follows:
There having been SO much said here in
this matter, in the way of argument, on the
part of the counsel, in placing and presenting
the testimony to you, as assisting you at COM
ing to conclusion, | think it proper to make
this remark to you: AS l remarked to you
last night in the charge, if l were not satisfied
when the State closed its case and rested, that
it had made prina .tacte case against the de-
PENDANT, I would have taken the responsibility
of not allowing it to go to the jury, but dis
missed it. Holding l did that the
Sl14~ l,.,I
| case, it was necessary for the defend
ant to overcome the presumption of the
prima taeie established according to the rules
| of the court, and the evidence; and having
heard the testimony and law given to you by
| the court, and adopting that your rule, the
! only question for you to discuss is the conflict
of evidence between the State and defence.
| Bearing these points in your mind, you ought
! to find no difficulty in coming to conclusion
as to the facts. hope you will make an hon
est effort again and see if you can possibly
agree. I do not want to sit aud try this case
over again. would like to go the train to-
day and not stay over Sunday, but cannot dis
charge YOU"
MONDAY, JANUARY IA.
At 8 o'clock the jury was again called in
by the judge, and upon being asked if they
had come to an agreement, the foreman re-
piled: We have not.
Judge. Are there any points which you
cannot agree upon, either as to the law or
| the evidence
Ans. There are none.
/ OBJECTED to as Improperly
Judge. What is the difficulty, thatyou dc
not agree ? Same objection.) To which q
juryman replied, We cannot agree; and
something was further said about the books
Judge-What is the point upon the
books?
! Ans.-They claim that the stubs should
have been produced in evidence. CThese
we're stubs to the receipts which Minis gave
on receipt of money for taxes.)
| Judges reply gave you to understand
that, as matter of law, the books were evi
dence Of what they contained. Is that tht
only point?
| No reply.
Judge-This is case that ought to bs
decided, and there ought not to be disagree
ment aboat it. [ am sorry to keep you in this
position but would not be justified in dis
charging you; men of ordinary minds ought
only point, then all can say is what I have
said. If there is a free and candid discussion
of the facts will send you back.
| Juror. From the view take, we cannot
come together.
Judge. wondered what the matter was
and sent for you. You understand wha
your duty is, and thought that through
Misunderstanding of what those duties are
you might not agree.
Juror. We have tried our best to get to
gether but cannot.
| Judge. Is there a refusal to discuss testi
mony?
\ Ans.-There is. Some think it unneces
sary to discuss the testimony any longer.
4 Another Juror.-We have tried to get to
gether as well as possible.
Judge.-This presents an extraordinary
condition of affairs. 1 anticipated that, ow
ing to misunderstanding, OF feelings all,
motives outside yoer duties, and have writer
down what | have to say. Then the judg
read the following:
I stated to you in my charge that you shout,
make an honest effort to arrive at verdict il
accordance with the evidence and the law give1
you in the court and that any juror who shout,
so act as to prevent your coming to such con
clusion even by only procuring or producing
disagreement, violated both the law and hi
oath. I will say further here, that juror il
the jury-room is not beyond and above tn
reach OF the court, and even there may b
guilty of such conduct as to authorize tn
! court to punish him for contempt. |
is difficult to think of conduct whic
would be in direct contempt o
court than for juror to contu
1naciously refuse to deliberate with his fello,
jurors and silently and stubbornly disagree.
; need not tell you that when case of contemp
arises the court has unlimited authority bot
as to fine and imprisonment, and never hes
tate to enforce the law. l will not discharg
you now. If am compelled to discharge yo
, without agreement, l shall deem it my dut
to make the character of your deliberations th
, subject of an investigation as to whether ther
is any foundation for what has come to m
knowledge"
We are informed that the first balIo
stood for acquittal and for conviction
The next stood to 6; and SO they stood u11
til after the second charge on Saturday las
when it stood for a time for convictio
and for acquittal. When the jury was Gale
in for the third and final charge, they stoo
for conviction and for acquittal. Re
{ turning to their rooms they of course 500
agreed upon a verdict.
Horse Notes.
, From the Bloomington Qll.) Paragraph Jan
10.
One who has never taken pains to collate tn
figures and evolve the statistics Of the hors
trade of Mclean county, has conception o
the importance of it. In order to present tn
matter in tangible form reporter of tn
Iantagraph has made an approximate calcu