Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-09-12

! W
and J. W. Dorsey were in attendance. The
Judge having taken his seat the session OF
Friday closed and the session of Monday
was entered upon. The jury entered look
ing fatigued and generally worn out In
answer to the question of the clerk as 10
whether they had .--.---..--.-
Agreed Upon n Verdict.
| Foreman Dickson said:
We report the jury the same a when
the report was made on Saturday last. We
are decided as TO four of the defendants,
and not able to agree as to the others"
lngersOll requested the court to inquire
whether there was any prospect of the jury
reaching conclusion.
This the court refused to do stating that
was matter about which tine Jury might
differ. He was not willing to discharge
them yet. he was unwilling to
Enforce the Barbarism of1he Law
! by starving the jury. They could have
water 10 drink, food to eat and a place to
rest.
Foreman Dickson-The jury have just
| requested me, if proper, to present briefly
my personal views as to an agreement.
The Court-The court cannot receive
that. II 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 youi honor
as to the law of conspiracy and facts pre-
sented by evidence.
Juror McNally-I am firm in my convic-
ton, and
Nothing Can Alter It.
The Court-None of you are authorized
to make statement aow. After discus
sion comes determination. You have an
nounced to the court that you have discuss
cd the whole case. You have, no doubt,
been celebrating, but you have not reached
a 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 expended in the trial of this case rem
der il very important that, if possible, you
should render complete verdict as to all
the defendants. l do not wish to give you
binding instructions even as to that. Twill
try you once more.
Foreman Dixon (resignedly We obey
with respectful submission to the Court.
The Court stated that he did not wish to
be understood by his last remark aS prom
ising TO discharge the jury at , o'clock, to
which hour recess was taken.
A Partial Verdict.
At POS the jury in the Star Route cases
entered, and through their foreman report
ed that they were unable to agree. The
court stated that,it had come to the con-
clusiOn to accept partial verdict.
The roll of defendants was called and
they all answered here" The jury then
rendered a verdict of acquittal as to Tur-
ner and Peck, and OF guilty as to Miner
and Reerdell. As to the others they were
unable TO agree.
peek Left Ont.
On the objection of Merrick, that Peck
had not been arraigned and consequently
could not be included in the verdict, the
foreman reported a. to the others, but left
out the name of Peck. The jury were then
dicharged and Hinkle, for Miner and Reer-
dell, respectively, gave notice Of motion
for new trial.
In tine course of the argument upon the
motion for a renewal of the bonds In the
cases of the defendants, wherein the Jury
failed TO agree, Merrick said: My motion
is To increa-, the amount and require new
reCOgniZanCe.'
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 Tor an adUl-
tional bond is that the jury has
Failed 40 Convict the Defendants.
and the prosecution pretend that is good
evidence that they are guilty,
MerriCk-Thc statement that the mo-
ton is made for annoyance, is gratltlous.
Ingcrsoll-I don't know that.
Merrick-I do know it.
Ingersoll-I don't care what you know;
Merrick said he had more respect Tor the
motive which prompted the motion
Than He Had for IngerSOIl's Opinion
Il don't want your respect exclaimed
Ingersoll.
"And ]" retorted Aerrick, don want
yours
AL don't want yours, continued Inger-
soil, "and l should feel Inundated 10
have it,
Peace, gentlemen, peace, demonstrated
the court.
that the recognizance already entered lnto'
so far as the parties against who there was
no verdict rendered, ere concerned, are
subsistinC and valid recOgnizances. sto
the two parties found guilty. Reerdell and
Miner, am Of the opinion there is d.
An Ind 90 Their ReeOgnizance.
HeDkle-Wiii the Court accept new
bond for them pending hearing oil the
motion for new trial?
The Court stated he would hear HenKie
on that subject upon wednesday, ana he
ments upon Merrlcks motion lo requh'
new bond.
Foreman Dickson said he was requested
IN return the thanks and gratitude OF the
iury TO the Court for the kind considera'
| tion with which they had been treated.
| They were
Grateful for Their Courteous Treat
ment
| ON all sides. Many of them, though per-
| forming compulsory duty since early Ia
| March, with an army OF witnesses before
! them and almost talked to death, Woulu Wi
| leave the court room with pleasant recoI-
| lections of an unpleasant duty.
The Gourt-The Court parts with ali Oh
Won with sentiments of entire friendllneSS'
| / had hoped we would have been able 70
| daCide their case, but you have not reached
! any conclusion that / can
Regard ~ q Conclusion
| of the case at all, but do not desire to
| cast an imputatlon upon the actions Oh any
| one. You have not seen the law pTood-
| bly, as the Court as seen 1t, but you nave
| exercised your power under the law Oh oe,
| Gliding finally on the matters submitted
| to YOU, You have decided the facts
no doubt conscienciously, and 1t
ia not for the Court to ex-
press any dissatisfaction, and take pleas
/ nprs in saving to all mem bers of this jury
i that with entire feelings OF respect the
| Court begs to express its gratitude LOT tne
| patient and exemplary conduct Wnlcn 'ney
! have exhibited on this trial,
From the BEGINNING 70 she Close.
| PARTING with YOU therefore on these terms
Of friendliness and respect, l have no sus-
| picion nor does the court entertain any
| doubt in regard to this verdict as represent
| ing the conscientious coaylction OF tns
/ - TfNf ~
| have been glad to see, but tits your verdict )
| il is your work and you are responsible tor
| il. The court is not
Foreman Dickson-As to another subject
| At tbs cIose of tho proceedings last Thurs
day your honor mads some severe str'c-
tufes upon the attempts made to ori6e
certain member Of the jury. | stated tnen
that upon the disposition Oh tniI h.xs case ~
| present. Will present them in =
swsrn statement 90 foaf
The Court-No, no, sir, not at all. Your