Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-10-29

He seemed to be looking at the
track laying there, so did not
speak to him. Passed by him short dis
tapce, when heard a disturbance, and look
ing back, saw Mr.. Morrison coming toward
me very much confused and excited 1t all
happened in a minutes time. When passed
by him he was alone, and saw no one pres
| ent.
This closed the testimony, and Mr. McCar-
thy proceeded to address the jury. He ignored
| the question of assault almost entirely, and
dwelt at considerable length upon the sanctity
of the marital relation and the great necessity
there was for rigid safeguards for the
protection of females upon The streets,
and held that when that safety was not guar
anteed and afforded by the law, the injured
husband was justified in taking the law into
his own hands and furnishing the intruder.
Referring to Mr.. Morrson's, testimony locat-
| ing the assault at different point than the
other witnesses, declared he had committed
perjury, but subsequently withdrew the accu-
satioa, but argued that having falsified
the truth IN this particular, no credence should
be given anything he had said.
| Mr.. O'Brien spoke but few minutes, in
which he called the attention of the jury to
the nature of the case; that it was simply an
| assault, with no outside issues. as the judge
would charge, and that the offeuse having not
only been proven but acknowledged by
defendant, there could be but one YER
dict, and that of guilty. He then denounced
the part which Mrs. Kennedy had been made
| to play as most disgraceful, gave Kennedy a
| little turning over as a bravadO who would
willingly pay $50 for the notoriety to be gain
ed by assaulting member of the legislature,
and closed with another reference to their drl-
| ties IN the case.
Judge Burr charged the jury that the case
upon which they had to pass was
simply one of assault, they must simply pass
upon the guilt or innocence of the accused as
to this charge, leaving to the court, if the YER
| dict should be guilty, to fix the penalty.
The jury then, at fifteen minutes to 10. re-
| tired, and the spectators settled themselves in
| their seats as if IN the expectation of speedy
| verdict. But they did not now the jury. few
| minutes demand was made upon the balff
| for chairs, and then the fact began to be un-
| derstood there was hitch, and the crowd
| began to disperse.
| At about 2:20 the jury returned into court
and reported they were unable to agree, and
asked to be discharged, which request Judge
Burr granted.
Mr. O'Brien then demanded a new tril, and
after consultation Thursday next, at p. m,
| was fixed upon for that purpose, and Tuesday
morning next between 9 and 10 O'Clock, as
| the time for drawing new jury.
COMMENTS.
1t is understood the jury stood from the
first ballot, three for guilty and two for ac-
quittal. That no injustice may under any
circumstances be done the three who wished
| to return a verdict in accordance with the law
and the facts, we will name the two whe stood
out for the defendant, viz: John Doyle and P
| j. Bowlin. These were the men who refused
| to render a verdict of guilty of an assault
which even the accused admitted.
L IT, floff ha ixraA rrfI in
| dignation by the better class of our citizens,
and especially by the members Of the legisla-
ture, but feebly expresses it. Mr.. Morrison
| is known as resident of one of the most
populous and intelligent counties in the state,
among whose people he has lived and carried
on business for years, without stain attach
ing to his business or private character-in
consideration of which purity of character
| and faithfulness to his trusts. he has been
twice chosen to represent his people in the
state senate. His life in st. Paul, while in at
ties, has been that Of a
quiet, unobtrusive gentleman, carefully
watching out for the interests of his immedi-
ate constituents, and endeavoring to do what
should appear to him best for the state at
large. To know him is to respect him, and
the better the acquaintance the greater the
respect.
That such man should be assaulted in
broad day upon one of the public streets OF
the city, in the manner and by the character
perpetrating the act. was felt as humilia
ton by every respectable citizen. But far
more humiliating is the thought that
when such man appeals tC
our courts for the punishment of bis
assailant, that man can be found so lost to
all honor and decency, as to allow trumped
up charge to outweigh the law, outweigh the
facts acknowledged by the accused, and final
| ly to outweigh his jurors OATH
But it is to be hoped the humiliating spec
tacle will not be void of all good. Already it
has qulckened the legislature into passing a
! bill providing a better system for drawing
both houses Yesterday afternoon, signed BY
the governor that night, and in operation to-
day. Under this law it is believed such an
outrage as that of yesterday can hardly be
per petrated.