, 1881-11-20
ARTHUR STERN.

r. ARTHUR STERN.
The Case Will Go to the Jury Monday
"A Spat Between ConnAe1-
In the Stern murder trial yesterday Court
sat from 10 4. III. until 2 o'clock in the after
noon, listening to the continuation Of Mr..
,]ohnson:s argument for the defense, and, as
he was then apparently as far from the end
as when he began, Judge Gardner inter
rupted with suggestion that the court ad-
journ until 5 O'Clock. Everybody was tired
out, and no objections were offered. 1t was
nearly $50, however, before the jury took
their seats, and Mr.. johnson then spoke for
exactly ten miuutcs and came to sudden
standstill, greatly surprising everybody. lie
had been suffering all day with 4
severe cold, and was so hoarse that
it was with the greatest difficulty that he was
able to speak at ali in the afternoon He
did not, however, ask any time or indulgence
of the Court on this account, but ceased sud-
denly Of his own volition, ard notified the
State's-Attorney that heshad done. The
Court, wishing an explanation! OF something
i'll the instructions furnished by Mr. JohI!-
son. had few words privately with him, at
the conclusion Of which Nr. johnson re-
suuled his position, and entered protest
against any further adjonInn1ents at the re-
quest of the prosecution. The court said he
lad just privately informed Mr.. johnson that
lie should not require the Statcs-Attorney
to proceed, owing to the lateness OF the hour.
Afr. Mills remarked that the defense had con-
sulned nearly seven hours in argument, and
that the remarks he himself Intended to make
would necessarily be somewhat lengthy: He
fifteen minutes Of the usual hour for ad-
iOurning the court
SIR. Johnson interrupted by saying that
upwards Of an hour yet remained; that the
Court frequently sat until S o'clock
Mr.. Mills retorted that OH the day before
court was adjourned at $3.50 O'Clock simply
to ob1ige Mr. johnson. lie did not wish TO
begin with so short time at his DISPOSAL be-
cause the same ground substantially would
have to be gone over again ut the next session,
which could not possibly be until Monday:
In important cases which ran until the end
Of week attorneys had frequently played
CRowD1SG THE PROSECUTION INTO THE
SHORTEST POSSIBLE SPACE
nf time, hut he would not say that it was in
tenhonaliy done in this case It the Court
were willing to prolong the session until he
had finished, it would be midnight or nearlt
before the case could go to the jnsy, and the
latter were already tired out with the long
forenoon session and the close attention they
had paid throughout the entire week.
left with the jury, and that they decide
whether to prolong the session Cntil5 o. 'clock
and hear portion OF the States Attorneys
reply. The remainder could be heard at the
next session.
The Court remarked once again that the
hour Was late; that the jury had been de-
Iayed from their dinner, and vera half an
hour late in returning to the courtroom. One
Of the jarots Of aga' lsanel over and sald I'VE
r. 1r1t t..1S hi for ff,Et
and demanded to know where the jury had
been during the interim, and why they were
delayed.
Judge Gardner replied that lie undoubted-
tie jury, 3u. lie did not think that the proper
time. As he had said before, he would not
require the States Attorney to proceed unless
he was willing. For his own part lie would
be pleased to hear from him then, but it was
generally the case that when the argument
was subdivided great deal of time was
wasted.
Mr. Mills manifested In short speecI his
disinclination to proceed. lie could not fin
fsh III one session u1ld perhaps In two.
Mr.. johnson demonstrated that it would
be no worse to hear the first half Of the
Statc-Attorney's speech ulen, than to hear
one-Ealf Monday forenoon, and tie other III
the afternoon. lie again suggested that
THE JURY DECIDE THE QUESTION.
Judge Gardner said he would be pleased
TO be iii court as early us O'Clock Monday
morning. and then perhaps the Statcss AttoT-
1ley might he able to conclude before ad-
tOrTnMent-
Throughout the discussion Mr. johnson
continually. whenever the opportunity pre-
sented itself inti'nated that the States Attor-
ney had everything TOO much his OWN way
He now, in quite all angry mood, said that
If the court was to be adjourned until .
o'clock for Luther Latin Mills, lie wanted 1t
adjourned for himself.
f1-n %rn