Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-09-12
Ten TO TWO
For the Conviction Of Brady and Dorsey
the Status OF the Jury in the
Star-ROute Cases.
When Discharged-Only a Partial Yer.
dict Returned-Twoo Of the Small
Fry Found Guilty.

day was indicated by the well-dressed- and
larger crowd that filed the trial-room. Long
before the opening of the court, with the ex-
| ception eff Stephen w. Dorsey, ali the de-
PENDANTS were present. Promptly at 10
| O'Clock the court was called 10 order. In
answer to Judge Wylie, the deputy marshal
said "the jury was not ready to come in, /"
and the Court remarked that the jury had
| oversight themselves. At 1912 o'clock the
| jury entered, looking rather fatigued. In
answer to the usual questions, the foreman
answered: 81 am not as yet directed by the
| jury to make a report"
| The Court-You have not agreed upon a
verdict?
| Foreman Extraordinarily.
The Court do not know but that shall
| have TO administer common law in Its puri-
| ty. A common-law jury was locked up and
Kept together without light, fire or any Of
| the comforts of civilized society, aud 30 kept
until their verdict was reached. 1 will con-
slider about this, but will not adopt that
| course to-day.
Foreman Dickson-It might be proper to
| state that we are no nearer conclusion tn IN
when our last report was made.
The Court-Then, gentlemen, the time has
come to enforce common law. Marsha,
| you will take the jury 10 their own room and
| detain them as other juries are detained
until a verdict is reached.
The Jury filed out OF the room and the
court took recess until o'clock. At that
hour the usual audience had assembled. 1t
included one lady, who sat by the side of J.
W. Dorsey. S. w. Dorsey was present for
the first time since the retirement of the jury,
but left the room before the court was called
to order. All the other defendants were in
the room, except Brady, who remained in
the SOrridar- The DEPUTY marshal. bY dirsr-
ton OF the Court, visited the Jury, and soon
made report that the jury stated that if the
Court had anything to Say they would come
down, otherwise they would not. The Court
had nothing to say, and announced recess
until 10 o'clock Monday.
MONDAYS SESSIONS.
WAsHINGToS, September 1l.-That pub
lie curiosity in the result of the Star-route
trial has not abated, was manifested by the
large crowd which thronged the courtroom
this morning. Miner, Rerdell, Turner,
The Judge having taken his seat the session
of Friday closed, and the session of Monday
was entered upon. The jury entered looking
fatigued and generally worn out. In answer
to the question of the clerk as TO whether
they had agreed upon verdict, Foreman
Dickson said, ave report that the jury
stand the same as they did when the report
was made on Saturday last-decided as to
four of the defendants and not able to agree
as TO the Others"
Counsel requested the Court TO inquire
whether there was any prospect of the jury
reaching 4 conclusion.
This the Court refused to do, stating that
that was a matter about which the jury
might differ. He was not willing to dis
charge them yet. He was unwilling to en-
force the barbarism of law by starving the
jury; they could have water to drink, food to
eat and place TO rest.
Foreman Dickson-The jury have just
quested me, if proper, 10 present briefly my
personal views as to agreement.
The Court-The Court cannot receive that.
If the jury are still in darkness as to any
question of law the Court will with pleasure
Try to enlighten them.
Foreman Dickson-We have fully dis
cussed every point presented by your honor
as the law of conspiracy and the facts pre-
scented by the evidence.
Juror McNally-I am firm in my convic-
ton and nothing can alter it.
The Court-None of you are authorized
to make a statement now. After discussion
comes elaboration. You have announced
to the court that you have discussed the
whole case. have no doubt you have been
celebrating, but you have not reached
conclusion as to the whole case. 1t is in the
power of the Court to accept such a verdict
as you are prepared to render now, but the
importance of the issue, the great amount OF
labor and money and time and care expend-
ed in the trial of the cause renders it very
important that, if possible, you should rem
der a complete verdict as to all the defend
ants. l do not wish to give you binding in
structions, even as to that. l will try you
once more
Foreman Dickson (resignedly I'VE obey
with respectful submission to the Court.
The Court stated that he did not wish to
be understood by his last remark as promis-
4 IL 81 IL
which hour a recess was taken.
AT 2.05 o'clock the jury, through their
foreman, reported that they were unable 10
agree.
The Court stated that it had come TO the
conclusion to accept a partial verdict. The |
roll of the defendants was called and all |
answered here. The jury then rendered a
verdict of acquittal as TO Turner and Peck, |
and of guilty as to Miner and Rerdell. As |
to the others they were unable to agree.
On objection of Merrick that Peck had not |
been arraigned and consequently could not be |
included in the verdict, the foreman repeated |
the report as to the others, but left out the |
name of Peck.
The jury were then discharged, and |
Henkle and Williams, for Miner and Rer-
dell, respectively, gave notice of a motion in
srrest and for new trial.
In the course OF argument on the motion
for renewal of the bonds in the cases OF the
wherein the jury failed TO agree,
Mr.. Merrick said: "My motion is double,
to increase the amount and require new re-
Ingersoll-It seems this motion is made
simply for the purpose of annoyance. The
bond now given is certainly good, legally
speaking The only reason for an additional
bond is that the jury has failed 10 convict
the defendants, and the prosecution pretend
that is good evidence. that they are guilty.
Merrick-The statement that the motion is
made for annoyance is gratuitous.
Ingersoll-I don't know that.
Merrick-I do know it.
Ingersoll-I don't care what you know.
Merrick said he had more respect for the
motive which prompted the motion than he
had for Ingersoll's opinion.
81 don't want your respect" exclaimed
Ingersoll.
@And l." retorted Merrick, "don't want
yours"
81 don't want yours" continued Ingersoll,
'snd L should feel Inundated to have it,"
Peace, gentlemen, peace" demonstrated
the Court.
The Court then said he was of the opinion
hat the recognisances already entered into,
90 far as the parties against whom there was
no verdicts rendered are concerned, are
and valid recognizance. As to
he two parties found guilty, Rerdell and
Miner, l am of the opinion that there is an
End to their recognizance.
Henkle-Will the court accept bond for
hem, pending the hearing of a motion for a
new trial?
The Court stated that he could hear
Henkle on that subject on Wednesday, and
he would on the same day hear arguments
Ipou Merrick's motion to require a new
bond.
Foreman Dickson said he was requested
o return the thanks and gratitude of the
ury to the Court for the kind consideration
With which they had been treated. They
we're grateful for their courteous treatment on
III sides. Many of them, though perform
ng compulsory duty since early in March
nth the army of witnesses before them,
nd almost talked to death, would leave the
curt room with pleasant recolleciions of an
unpleasant duty.
The Court-The Court parts with all of
be jury with sentiments of entire friendli- .
ess. had hoped we should have been able
D decide this case, but you have not reached
ny conclusion that / can regard as a con- .
lusion of the case at all but do not desire
D cast any imputation upon the motives OF {
nyone. You have not seen the law, proba-
ly, as the Court has seen il, but you have 1
xercised your power under the law of de- |
iding finally on the matters submitted to !
GU. You have decided the facts, no doubt, /
and it is not for the Court to
xpress any dissatisfaction, and l take pleas [
re in saying TO all members OF this jury s
lat with entire feelings OF respect the Court {
egs to express its gratitude for the patient 8
nd exemplary conduct which they have ex- 7
ibi,ed on this trial from the begir ming to s