The daily gazette., 1881-12-05
THE NEAL JURY.
IL Remains out over Sunday by
Reason of Disagreement-Ho IL
Stands

oil lbe afternoon session. He spoke for
TWO hours, and his whole address was
an attempt 10 show Inconsistencies and
improbabllities in the evidence of the
prosecution. The States case, he said
rested entirely upon the evidence OF
Mrs. Gosser, which he plainly said he
believed to be a lie, and which he ear
nestly dissec,ed in labored { fort to
prove It's falsity.
Attorney General Gray, In closing for
the State, promptly accepted the issue
raised by the defense that the case rest
ed almost solely upon the testimony Of
the chief prosecuting witness, Mrs.
Gosser. He however, reviewed the
testimony Of other witnesses, to show
how complete a chain of circumstances
connected VIM. Neal with the commits
sion OF the crime. The States testimo-
ny traced him from the town of Smyrna
along the Throughfare Neck road to the
ncighborhood Of Mrs, Gossef's house
previous to the time she alleges the out
rage was committed, while after that
hour he IS also traced along the road
to the house of Isaac johnson, his bro
ther.in, law, where he was arrested.
Mr.. Gray thea reviewed the testimony
Of Mrs. Gosser, which was 3entirely
substantiated by the attending circum-
stances OF the case as provided by other
witnesses,aud which the jury was bound
to accept as true, because the defense
had failed 10 impeach it in any particu.
lar. He closed with an eloquen. appeal
for the jury to vindicate the outraged
honor Of the poor woman and the shame
fully violated laws of the State. He
concluded at 40 o'clock, after speaking
nearly two hours.
Judge Houston, the Chief Justice hay-
ing gone home for the evening charged
the jury. He said this case was purely
a question of fact, which 1t was the pro-
vince of the jury to determine. As TO the
crime although many people believe
that rape cannot be committed against a
strong, vigorous woman, the law recog-
uizes that it can be providing the sever
est penalty for It's commission.
To constitute this crime the ry must
be satisfied that the offence was com.
mltted upon the woman by force and
vic lence and against her will. They
must have strong proof of this, and that
she resisted the crime as long as she
could. The actual commission of the
offence must be proved.
This is the gist OF the ofiense, and ne
being can prove it but the woman upot
whom II was committed. 1t will not dc
10 depend upon the arguments of coun'
sci as to be The probabilities or impro
d liabilities of the case. Fer,ln this event
we would have to consider what motiv,
the woman would have in preferrin
such charge against an entire stranger
This is matter Of grave consideration
and one that the jury must determine
from the facts proved and the inference
to be drawn therefrom.
We leave the case with you, gentle
men, said Judge Houston, in conclusion
and we eujoin you to consider it care
i fully and deliberately and return such
! verdict as the evidence will warraat, i
Il your opinion.
At At o'clock the baililfs conducte
the jury TO the Grand Jury room, wher
they entered upon their long delibers
tions.
LONG SIEGE.
The jury had not been long out befoi
D 1t became generally known that the
we're divided, their position being state
a as ten for conviction and two for a
q quittal. 1t was stated that the two di
= senters were Chas. Howard and job
Nichols, and strangely enough, publ
n | opinion almost unanimously select,
n these two men as being in favor
Meals acquittal as soon as the charact
u of the division was announced. Ado
1870 o'clock the Court was informe
a that there would be no verdict th
night and. soon after the Courtroom W
deserted and the jury retired to bed.
I'd Yesterday the di agreement cont
W ued and one of the jurors, Matthe
Macklem, of this city, suffered 30
verely from an attack of sick headacl
0, that Dr. KiIchner was sent Tor TO I
j, ieve him.
Last evening II was reported that t
> Jury stood eleven to one. Howard la
L ipg gone over to these in favor of co
AZ ylctiop, leaving Nichols alone In obs
st nately maintaining the prisoners inI
csnce. A verdict was hourly exPecte
but at IL o'clock the Jury sent word u
a there would be no agreement dnrlpg
y, night and retired.
ts THIS MORNINGS SESSION. Nj
PHASE IN THE NEAL CASE.
th The case of jeremiah Harrigan,
)" the murQer Oh Deuuis Eouodi Wao So'
IL when Court reassembled this mornil
to but Levi q. Bird, Esq, counsel
the defense, asked for postponeme
Wy on he ground of the absence of n
er terial witness who was absent by t
On bedside of his dying mother in Phil
as delphia. He also asked for an
rs tachment for other witnesses W
we're absent. Mr.. Bird said he "
nd willing TO go to trial if the Stat
cd Attorney would allow the testimony
te these absent witnesses to be given
he any time during the trial. Mr.. Gr
assented to this arrangement and I
trial will be proceeded with.
On behalf of the Baltimore y Ol
H. r, r. Co., Mr.. Bird applied fol
+. commission to assess damages for
H. Company's right of way through
III lands of VIM. Dean at Newark. 1
os. Court assented and appointed one co
les posed of Edw. T. gellah, Geor
Richardson, VIM. 7. Porter, Phi
to, Quigley and Jacob Derrickson.
sill Another Higgins, Esq, counsel
re- N ,al, said that before the jury retir
ny, Saturday evening, Foreman Da
tee Choate and Vim. B. Adams had asl
Ii. the Attorney General If they could
am turn verdict of guilty of assault