The New York herald., 1879-10-21
NO VERDICT YET.

THE JURY IN THE BLAIR-ARMsTRoNo CASE
COME INTO COURT FOR INSTRUCTIONS AND
AGAIN RETIRE.
An impression somehow got abroad that the jury
in the Blair-Armstrong murder trial would render
their verdict yesterday morning. and at eight O'Clock
crowd of interested spectators carried the court
room by assault. Not an inch of available space
but occupied. The hours however, passed
slowly and the jury made sign, so by eleven
o'clock the court almost deserted All kinds
ofrumors in circ uaton if the friends of the
prisoner could be trusted acquittal was certain.
About halt-past two P. NJ. the quiet which had
reigned tor some hours suddenly broken by the
activity of the deputy sherins. and as the rumor
that the jury had come to an agreement circu-
lated with astonishing rapidity the court
rapidly filed. The first apparent confirmation
of this repor; the appearance of the
prisoner and a few moments later Judge Depue took
his place the bench, accompanied by Judge
Meeker. Court Immediately opened and the
jury summoned. They into court, looking
tired and 1t noticed that they
avoided the gaze of the prisoner. who sat in his
customed seat surrounded by friends and accom-
panied by his faithful wife,
Prosecutor Abeel. and aIr. Ellsworth, counsel for
the defence. summoned. and soon put in an
appearance. Judge Depue then announced that he
had received a communication from the jury. asking
instructions certain points which involved
questions of fact and not of law. He stated that
the Court was not permitted to express opinions
such questions, which belonged wholly to the
province of the jury. He would however. state the
law on the points for their benefit. The two quess
tions submitted were as follows:-
LIST Was Mr. Blair acting on the defence when he went
Under the circumstances produced IN the evidence
stroup ouy ynt q
that he ARMSTRONG was going iGr ms pistol noRrxu
THE COURT EXPLAINS THE LAW.
As the Court concluded the reading. band passed
by playing dead march, and the effect of the
melancholy and suggestive strains was visible in
the faces of all present. AS the solemn music grew
faint. the Court. drawing a breath of relief. ex
again explained that it rested with them to de-
eide on the question , of fact Judge ;a Depns
iuA''I in going to the the house for ' his pistol
engage in a fray to the deceased his
with the idea OF defending himself from possib
assault he was justified in arming himself. and tn
it was the duty of the jury to decide what was
prisoners intent in getting the pistol and returnn
to the barn. In regard to the second question, h
quoted the law applied to the justification
homicide, pointing out that homicide was only
justif BILE when other means OF escape avail.
able. and that man is inexcusable if he carry his
defence any further than is absolutely necessary.
When man is attacked he is bound to retreat II he
John S. Litteil the fourth juryman, rose and asked
if it was evidence that Blair had seized ARM
strong with both hands by the left arm
Prosecutor Abeel stated that evidence on that por
was to be found in Armstrong; and Blar's tes.
mony.
Mr.. Ellsworth for the defence. rose and proceeded
to address the Court. but was cut short by the
mark that his observations were every irregular.
Juryman Beardsey asked to be attended by ply
sician. and his request was granted on condition
that the doctor should him in open court. The
County Clerk, who is doctor. Immediately pre-
scrbed for the ang juryman and the Court an.
nounced that provision would be made for him by
allowing him to take proper rest
mot AN ANSWER
The jury having withdrawn Mr. Ellsworth for
the defence took exception to the Judges charge
the second question propounded by the jury on the
ground that it not an answer. He argued that
the Judge should have charged that Blair had right
to pursue Armstrong up the stairs and "keep him
in his eye"
Some wrangng ensued between counsel. and the
Court finally determined not to recall the jury,
Prosecutor Abeel protested against the assumption
that Armstrong going for pistol when shot.
He also insisted that If the jury recalled they
should be instructed that Armstrong justified in
going for pistol under the circumstances in which
he placed by Blair's action.
1t was finally arranged that Mr. Ellsworth should
take an exception on this point.
Up to the time of going to press the jury had not
arrived ut any agreement. 1t was generally UNDER
stood that they pretty evenly divided between
acquttal and q verdict Of guilty Of murder in the
second degree. At nine o'clock in the evening Nr.
Blair sent back to Jail.