The daily gazette., 1882-05-27
from YEsTERpAY
TnE REppEN vERpTcT.


Return OF the Jury and the Prisoner De-
clared Guilty--Edow the Ballots Stood
The Prisoner UnmOved.
AT las a decided ripple was created by
a stir in the direction Of the jury room, and
as the jury came filing into the room, headed
by the bailiff, the whole audience was hushed
into an almost deathless stiffness. The
Jurors faces bore signs of deep seriousness
and thought, as If the matter had weighed
heavily upon their minds. Not one of them
but whom felt that life was in their hands,
and that the prisoner In the dock was to be,
through one word from them, ushered be-
fore the last and final tribunal.
A roll Of the jurors was called and all
answered TO their names.
The clerk asked -"Gentlemen, have you
agreed upon a verdict ~
The jury-"We have"
Clerk-"Who shall speak for you your
foreman 2"
The jury then nodded assent.
Clerk-"What is your yerdict-guilty or
not guilty2"
Mr.. McFarlan-"Guilty as in manner and
form indicted"
To the question of the clerk, "And so say
you all I" the IL nodded assent.
A poll of the jury was then made, and as
each jurors name was called and the ques-
tion asked If that was his verdict, the reply
came ''yes."
The Chief Justice then addressed the jury
as follows: "Gentlemen, we feel that you
have examined this case with the care that
its importance demands, that you have
truthfully and honestly examined the testi-
mony and have rendered just verdict. We
compliment you again upon your earnest
ness and repeat that your verdict is just
one"
In conversation with some of the jurors 1t
was learned that several of them were, from
the first, convinced of the guilt of the
prisoner and fully made up their minds to
adhere to that decision. Three were of the
opinion that he was not wholly so and were
equally positive In their conclusion. Two,
not understanding the term assault with
intent to commit rape" hung out until 10
O'Clock this morning, and after the instruc-
tions from the judge, on the fourteenth
ballot, cast their vote for conviction. s. ".
B. Carty, the colored juror, voted not
guilty." and after much argument continued
to do so until the sixteenth ballot, when he
voted guilty.
The ballots taken were as follows
/. Guilty g. not guilty l, blank 5.
2. Guilty Z, blank 5.
3, 4, 5. Guilty y, attempt 2, blank ..
6. Guilty s, attempt 3, blank 1.
z, s, o, 10. Guilty 9, attempt 3.
Ii, l2, 13. Guilty 8, attempt mot guilty l..
IA. Guilty 10, not guilty l, blank l.
Is. Guilty IL, not guilty l..
49, Guilty H.
During the whole proceeding, of such vital
importance to Reddsn, the prisoner sat
passively and thoughtlessly looking on, his
elbow on his knee and his face resting on
his hand. The fatal words, 'Guilty as in
manner and form indicted" seemed to have
no effect whatever upon him, and his
countenance never changed in the slightest
degree. He moved but once, and then to
look for an instant at the court, after which
he assumed the slouching position he has
worn all through the trial. At 12.30 he was
taken from the court room, neither looking
to the right nor the left, his hand in his
pocket, and walking with a dogged step
toward his cell in the basement.
The jury were retained and passed upon
two or three civil questions or suits. Court
then adjourned at 12.45, to meet again at
3 O'Clock, when it is expected Redden will
be sentenced.
The following civil suits were acted upon
this morning;
up at 8 o'clock, Anthony Higgins, Esq, for
defendants and Messrs. Lore and Emmons
for plaintiff.
This was an argument on demurrer. The
question was, "Whether a defendant on a
suit brought upon special contract can
reeoup damages against the plaintiff for moi
delivering all the merchandise that h,
promised to do" The court would no
decide unless a brief was left with them.
Mr.. Rodney suffered II Judgment in tn
case OF William Naylor VS.. William Daniel
There is very important question involve,
in this case. 1t seems that by mistake {
the prOthonatory writ of foreign attach
ment was issued in execution instead 4
issuing a capias The defendant demurred
claiming that the person could not be take
by the sheriff in execution under ioreg
attachment and that a capias should hay
been issued. Hence Mr.. Rodney having IL
defense in law allowed judgment for tn
defendant.
Messrs. Spruance and Whiteley argue
that those witnesses summoned by Mr.. Loi
in rebuttal of some summoned by the d
fendant in the Tatnall Courtney case be M
allowed their fees inasmuch as they we
not called upon to testify Mr.. Lore elaine
that the defendants had not used the vi
nesses summoned by themselves, thereto
his (Tatnall's) witnesses ought to be pal
The Court decided that the witnesses ha
their fees.
[Conti nued in fourth editlon.l
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