The New York herald., 1879-02-14
COULD NOT AGREE.

THE JURY IN rHEs ARSON TRIAL STAND ELEVEN
AND ARE DIscHARGED-A MOTION TO REDUCE
BAIL pENIED-THE CASE TO BE RETIRED
THIS TERM.
One of those peculiar and not altogether unusual
circumstances in connection with jury trials. where
eleven obstinate jurors refuse to be brought
the views of the twelfth juror. has just trauspred
in the final winding up of the trial of Abraham ID.
Bernstein and Charles Freeman. indicted fer arson
in the first degree charge Of having OH the 10th
of November last set hrc TO tho tenement house No.
IL Ludlow street, The published details OF the late
trial in the Court of General Sessions OF Abraham
Perlstcin, tho alleged ancomplce who was CON
victcd of the crime end sentenced TO State
Prison for life and those given in the
trial jnst concluded before Judge Barrett
in tho Court of Oyer and Tcrnincr are
too Familiarity known to need repetition. II Is very
certain that there has not been for long time IL tho
criminal courts two trials which, fron tao peculiar
surroundings Of tho and tho gravity o. the
offence charged. have excited more absorbing inter
est. At the latter trial the court was crowded
till past midnight on Wednesday, whom Judge
Barrett ordered thu jury. they not having then
agreed on verdict, to be locked MP for the night.
WAITING rHs VERDICT.
Long before the usual hour for opening the court
yesterday morning the Oyer and Termincr cour,
room AMI tho outer corridor hod with crow Il
anxious to know the nnal determination OF the jury
Ex.Judge Curtis aud Mr.. Edwiu NJ Fox counsel for
the prisoners who had fought with most assiluous
zeal to- secure the acquittal OF their cients.
promptly in attendance. as vas also Assistant Dis
e' ss wa hsI laoora S"' With s.
to insure their conviction. The prisoners
were brought early into court by two
Ieputy aheriffs their accustomed seats
behind their counsel. The wife of each was present
and between the four aud their friends there
unccasing buzz of Whispering conversation. Both
prisoners certainly looked anxious. but look of far
deeper anxiety marked the faces of their wives.
Meantime Judge Barrett remained in his private
room. awaiting any communications from the jury
As the time passed and tidings came from the
Jury room the crowd began TO manifest symptoms
OF Impotence, which Mr.. William IL. Ricketts, tho
chief officer found it at times somewhat difficult to
restrain.
rHE JURY DISAGREE AND ARR DISCHARGED.
At haif-past Z. M. the jury, looking tired and
jadcd enough after their nights vigil. into
court and slowly flied into their seats. As Mr..
sparks the clerk. called out their Names there
intense silence throughout the room.
Have you agreed ON your vcrdct?' Mr. Sparks
asked after finishing the roll call.
1--WE have not" answered the foreman.
81 received communication from you." said
Judge Barrett, "a few moments since announcing
your inability to agree on verdict therefore sent
for you to inquire IL there anything as to the
law upon winch you might dosirc information.
desire that the responsibility for disagreement In
case OF this gravity should rest entirely with the
bity."
..if we should be kept out two three days wa
cant possibly agree" said the seventh juror.
II have desire, said the Judge. to dctain you
any longer is absolutely necessary, IL there is
any possibility OF agreement
"We can't possibly agree said tho seventh Juror,
''and all the other jurors will say the thing II
asked to express their views.
III would like your views, said Judge Barrett, adj
drcsing the foreman, as TO whether 1t is necessary