Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-09-11
THE JURY LOCKED UP.

THE JURY LOCKED UP.
NO vEKD1cr IN TIE STAR Rours CASE.
Judge wyl,o Indignant and Applying the
Isi:.ors Of tho Common Law-Kumors
OF Fixing the Jury.
The iurymen in the Star Route case ap-
peared in court at Six O'Clock Saturday
evening, when the room was crowded
greater than at any time during the
famous Guiteau trial. In response to q
question by Judge Wylie Foreman Dick
son stated that an agreement had been
reached as to some of the defendants but
that further time would be required to
consider the cases of the others. There
upon the court sent them back to their
hotel, with the statement that lie
would meet them again Sunday morning
at ten o'clock.
The first visit made by the jury at ten
o'clock Saturday morning was for the pur-
pose of receiving further instructions as to
the alleged conspiracy and overt acts.
This afforded Judge Wylie the opportunity
to deal several slcdge hammer blows at
the defendants, and their counsel rose 81
multaneously to protest against such
action, but all to no avail, for, as MIR.
Carpenter expressed it, "the mischief was
done irreparably and tho government
could hardly fail to secure Conviction
Mr.. Ingersoll tried to break the force of
the judges Instructions, but Judge Wylie
declared that this was no time for argu-
ment and said that he could not be inter-
rupted. "Be sure,' said the court to the
jury, "bc sure thatycu have conspiracy
and then be sure that some overt act Conc
or more) performed by ono OF the con.
spirators is proved e laid, and SO far as
you arc concerned the question is settled" !"
Mr.. Totten said that he excepted to
everything tho court had said.
81 know you do" put in the judge, at
which there was ripple of laughter. II
do not think it jest ut all. do not think
that what have said is at all gratifying
to the gentlemen. / think that they do
not like the law, and they have a right to
except to it and to hold the court respon-
sible to a higher tribunal"
On Sunday morning the attendance was
again very largo and with tha exception
Of Stephen w. Dorsey, all of the defend
ants were present. Promptly at 10 O'Clock
tue court was called to order.
At twelve minutes past ten the jury
came into the court room, looking rather
fatigucd. When, in answer to the usual
questions by the clerk, Foreman Dickson
replied that the jury had not yet directed
him to make return, 4 look i'll which
vcxation appeared mingled with indigna-
ton passed over Judge Wylie's countc-
nance and was succeeded by smile of
deep meaning, rs he sarcastically said ::
"I don't know, but shall have to admin
lister the common law in its purity in this
respect" and then explained that under
the common law, which he said was in
force in the district, tho jury were locked
up and kept together without light, fire
or any of tho comforts Of society, until
verdict was reached. But
shan't adopt that course to-tlay,' he
added, Immediately aflerward. lie recon-
sidered this determination, however, when
Foreman Dickson said he deemed it proper
to ate that the jury were now 10 nearer
an agreement than at tho timc of their
last report, for hardly had Dickson ceased
speaking when Judge Wylie, calmly but
determinedly, said "The time has come
to administer the commonlaw. Tho mar
shall will take this jury to his own room
and entertain them as other :juries ars en-
tertaincd, and tho court will take 4 recess
till 9 O'clock Tho announcement ap-
parently carried dismay to tho jury, and
two Of them were observed to put
their heads together and exchange few
words while they cast very spiteful
looks at tho judge. 1t is somewhat
significant that these two men have been
long picked out by persons who arc in
daily attendance at the trial rs two who
would vote for acquittal; and their action
confirms the suspicion that two or three
men on the jury are hanging out for All
acquittai in tho cases of the principal de-
PENDANTS. Tho determined action of the
Judge was evidently received with ap-
proval by those present in the court room.
AS for the judge himself, he vas apparently
careless as to tho effect of his action on
either jury or audience. He sat uncon-
cernedly watching tho jury as they filed
out in the custody Of the deputy marshal
and bailiffs, and then taking his hat, he
left tho court room.
The usual audience rc-assem blcd ut .
o'clock in tho afternoon TO hear the report
from the jury. There was only one lady
present ard she occupied seat by tho
side of ]. W. Dorsey. S. w. Dorsey was
present for tho first time since tho retire
ment of tho jury, but left the room before
tho court was called to order. All the other
defendants were in attendance, with the
exception of Brady, who remained
in the corridor outside the court room
door. Judge Wiley was promptly on
hand, and as he took his seat he bluntly
said to the deputy marshal Invite that
jury down." AS the messenger left the
room, a most oppressive silence fell over
the crowded court room, continuing until
his return. lilo reported that the jury
would come down if Judge WyIie had
anything to say to them, but that other
wiso they were not ready to come INTO
court. "The court has nothing to say to
thom," responded the judge, and he i'm
mediatcly ordered a recess until 10 o'clock
to morrow.
The common law in force in thc district
as applied to tho treatment of jury is
stringent enough il its provisions arc car
ricd out. but for the present it will not be
enforced IN all its rigor by the judge. lie
will bo satisfied with seeing tho jury
locked up in tho marshal's room, instead
of having them entertained at a hotel and
with depriving them of papers, books, to.
bacco, cigars and liquors. In the after
noon, when \ recess was taken, hc took
occasion to impress upon Deputy Marshal
Williams that the jury were to have no
liquors. "Ncither malt, spirituous nor
viuOus," as he phraSed it. lie added to
Lawyer Bliss, "That will bring them"
There arc many rumors afloat that COM
municatiOn has been had with the jury.
These can be traced to no reliable source,
and are doubtless surmises based upon the
r. A. 4 y.