Daily Republican., 1881-11-22
FIFTH EDl}Il'
oYEs AHN T19s1..

| o1ssAss Tsa1iss,
Prssssdisss this u.,..
msl r.asl sf carssr,, -. !:
Aaas fer His Di....A.
Asssss.s Cs,.ss..s.. .~'s'
Court opened at 10 o,olo". =,
CCsso:rry. CS. Tho prisoner cs, :,
Court accompanied bv II. cams
daughters d and another I.a. a.s soy
p,sd seats in front Of the y, AZ sAa
George H. Bates, ESQ. u. ~est. =.
made = motion that Carhsauss.a All sas
charged, and ccntended tb.t, ATTY t,E,.
tsial would be illegal, ~ I' ~. .la ~
that = persons life sh.lI w. sne ia'
jeopardy the second time f., f., ~, -
9atlencs, that he had been trtsd n. " y,
this offence, and his life nls"ea Va .
ardy, and II would be coa.ss.r n,nuSa
istta! and spirit Of the lsv' ::
him to = second trial. W
+. Pennington, Esq., moys%t %tam suI
charge cf John Glenn, Who ~. y"
JAIL since the Septsmbsr Ia tsrm n's :,
for the non.payment Of q I'm, fins
which WAS imposed BY thu cos
violating the liquor ls~ ~ w Nv
liquor without license, IT,.
stter being satisfied that ths 'r =
; was destitute and could mt mt
fine or costs, ordered him n
charged on the 81 Of Decembs,
| After some time had bean c",
IN sending Tor books Of rsters'' sU
pl!cable 70 the subject, thea the \,
was opened by George i. RI HAIL.
who after referring the prosS.a us.
the previous trial produced
ties to show that after . iurv +,
empanslled on q capital s ca,s. n'
II they do disagree, tie Court
power to discoargs them IN,
render q verdict. -
| MIR. Bates cited reports ~
cases and authorities from ,bs
King Charles, the Second, doS o,u
present date, and said Thai Io,i
the most eminent ssthority on
law, had decided that iury ou
tai case could not possibly b. a
ed until they had arrived At
either for or against the prison
also stated that 1t was cu,toll
those days, where a jury had
ty in arriving at = verdict, TO ha
around from Que place to apotl
cart, under the unar,e Of the
untll they had agreed upon svd
He contsnded that even VIII
prisoner in a capital case vase,
upon insufficient eyidspc. !
Court was satisfied upon the
they had no power to orcer 4
trial even on the application of
oner, that the only thing ,h
could do would be toiryoke ths
Ing power, and cited a number
th0rlties to prove his position.
; The counsel said that this wal
ter in which this Court could d
y precedent, they must be eoveI
the common law of England,
was not altered before the Rev
nor has II been since, that prio(
Declaration OF Independence
never was . jury discharged
rendering q verdict, and no
what has been done since, the
mains the same.
He cited a case, where the ju1
being ont for some time, came
stated that they could not agre
a verdict the court sent them Ou
after some hoars, they again rs
anc said that they might as wei
see out OF the same eyes as ID
upon a verdict, they were aga
out, and the next day they IL
the court, that an agreement VI
possible. They wers then dlsd
and the prisoners ordered to
new trial, to which their c'uni
jectd
The case was taken 70 the 81
Court Of Pennsylvania, where
decided, that ~ none Of the juror
sick, or In danger Of suffering
hunger or privation, the Court 81
dischargipg them, and tha' !n'
charge secured the scqulttal o''n
oner.
He quoted Judge Gibson Of
sylvania, as saying that ? pn
life In y capital case, was IN leo
from tho time that bis trial comn,
and that the State understanding
had mercifully interposed III"
prayer of "God grant hun asalea
ance." that his only deliverance
this jeopardy, was a verdict VI sI4
and that if a jury was cischafseu, en
ly because they could not ss
mus, he taken as such q verde
new trial would again pIaco j
jeopardy.
M