The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-31
THE PO1sDExTER TRIAL,
TIE JURY DISAGREED AND DISCHARGED
APPLICATION FOR BAIL MADE: AND RE-
FUSED. -

APPLICATION FOR BAIL MADE: AND RE-
FUSED. =
The jury in the Gaze of John E. Poftdex.
ter. indicted for killfng Charles C.. Curtis,
were brought into co1rrs at II O'Clock Satar:
day morning, looking much iatigued and
anxious to be rid OF tlIeif unpleasant duty.
The Clerk said: "Gemsemep, have you
agreed upon verdict ?'' g..
Mr. Pearce quickly responded: We
have not"
The Judge. instantly said: s.Serseaut,
take the jury to their room.r And they
were escorted from the courtroom without
further loss Of time.
| THE ACCUSED.
The crowd hung about the court all dav.
and the prisoner had to sit and be stared at
without the satisfaction Of having his mind
occupied, as it was when the evidence was
being taken and the speeches being made.
lie was, as usual, surrounded by his BROTH
| ers, who throughout this trouble have
scarcely left his side for moment.
| The prisoner has from the beginning OF
the trial shown great self-controI; but never
more so than while waiting for the verdict.
so SAY WE ALL.
About three O'Clock the jury were again
brought into court.
+ The Clerk Gentlemen haye, you agreed
upon verdict?
Dir. Pierce: We have not. 1t is impossi-
bic for us to agree. His felIow-members
uttered not word, but looked $50 we all
say.'1 Judge, wish you would read this
Mr.. Psarce got mp from his seat and
placed n note in the Judges hand. The
Judge read ii. folded it up, and said : "Ser-
gcant, take the jury to dinner and return
them to fheir room, and I'll be back here at
half-past D."
g The note handed the Judge represented
that it was utterly impossible for the jury
to agree.
SOMETHING LIKE A SMILE.
!; AT 81 O'Clock the jury were again brought
in. .. :.
The Clerk: Gentlemen, have you agreed
upon your verdict?
Alr. Pcarcc with the nearest thing to 4
smile that had been Oh his face during the
day]: We have not.
The Judge: Sergeant, take the jury to
their room.
Out they went. II there was any Joy
and happiness in their hearts they didn't
, show il in their faces.
After dark the crowd in the courtroom
! increased somewhat. Wonders and sur
misses ceased and the conviction settled
upon all minds that the jury would never
come 10 an agreement.
DISCHARGED.
About 10 o'clnck the jury was again
brought into court.
The Clerk Solemn and dignitcd, as il he
hadn't asked the question dozen times be-
fore): Gentlemen, have you agreed upon
vcrdict?"
Mr. Pcarce: No, sir, we have not.
think it impossible at this time.
| The Judge then said that. in view OF the
fact that the Jury had had full time 10 de-
| liberate, and had given the case earnest and
| thoughtful attention, and for the further
reason that the wife OF one OF the members
Of the Jury was in critical condition, and
it was necessary for him to 70 home, he
would not hold them longer, being perfectly
satisfied that they could not agree.
The Judge bore testimony to the excel
lent demcanor OF the jury, and expressed
his respect for their conscientious coGyic-
tions.
The jury were then formally discharged.
HOW TIE JURY STOOD.
As they went forth from the courtroom
they encountered the crowds in the clerks
office; in the long passage; and ut tho
Broad-srcct door. Each man who didn't
violently break away was held By bis friends
until he couId explain how the jury stood
The Jury, before coming from their ROOM
entered inIoa pledge not to reveal tile Stalu.
OF each other.
When the case was first given TO the jury
there was Il great diversity OF orinion-iu-
rors' judgments rs to what should be done
with lhe prisoner varied from one extreme
to the other.
On the second day, after many long ant
animated discussions, ten Of the jury a@rcct
TO 20 for Il verdict OF voluntary manslaugh
ter. with punishment at live years in tht
pcnitentiary.
The other two were opposed to that, bu
in favor OF conviction for involuntary man
sIaurlltrr-wlich is Il mi>Gcmcanor. wher,
the Jury fix the fine and the Judge the lm
priSonmcnt.
Friday night Alr. Calder taf,cr consulting
with others) wrote the searching and pertl
urnt question which was sent to the Court
and to which Judge Christian gave TIE re
sponse published saturday.
This ,,,dn't change. single juror; ant
failing 10 agree, they agreed 10 disagree.
The members OF ,hc Jury were llamclt y
Pearcc, Joseph w. Argyle, William L.Jcn
nincs, William +. Harwood, w. a. ). Con
rad Joseph L. Swctnam. \. w. Callaway
Alexander Calder. LySandcr &. Fi"@. y.
Francis. Andrew j. Bowers, James b
Elan.
APPLICATION FOR BAIL.
After the Jury had been discharged MI
Young entered motion for bail for ac
cuscd, and addressed the Court briefly Il
support OF his proposition. -
Commonw eath's- Attorney George II
Wise entered an emphatic protest aSaihs
the motion being granted.
Mr. Young replied, and used hls utmos
endeavors to persuade the Court that IL WI
case where bail could with perfect Pre-
priety be granted. He said that prlsone
would furnish any amount desired.
Judge Christian said that ii be consultc
for Il moment his personal feelings, or
there was anything in the physical cond
ton CT the prisoner to make it EeccsSar,
he would not hesitate TO grant the motion
But that in the present attitude OF the c;l.
he would have to refuse bail.
Mr. Young said, in conventional tone
"Wcll, he is very delicate man."
SECOND TRIAL.
The case OF the prisoner was continue
until the first Monday in April, when coul
sci will come into court and agree upon
day for the trial to begin.
Mr.. J. S. Wise said that he had au er
cagement which would require him to h
= in New York next week (week after this
The Commonwealth's Attorney suggeste
that it would take all OF that week to di:
nose OF current, business before the court.
1t is not likely, therefore. that the Fri;
win be commenced prior to the secon
Monday in April. r., ~.