Morning journal and courier., 1882-07-10
.yonrnal anD Courier.
Monday Morning, July 10. 1882.
The Court Record.
Superior Court Criminal Side-Judge
 

Andrews.
 The Winson-C -Clune rape case was resumed in this court on Saturday morning. Annette Clune, sister of the prisoner, was further cross examined. Her testimony that her brother at home at the time the al- legged outrage on Mrs. Winson was said to l have been committed and in bed, was not 1 shaken She was the last witness for the de- l fense. In rebuttal Officer Stewart was re called to testify to some unimportant matter which finished the taking of testimony. At 1O:3O the arguments were begun, the court room at the time being well filled with spec tators For the prosecution William H. Law opened. He spoke for fifty minutes, making very able argument. MT. Case fol- lowed in an hours speech, dwelling upon the reasonable doubt that the jury must bear in mind. Judge Robinson followed Mir. Case, and made forcible and logical address. The closing argument for the State was made by Mir. Pickett.
 Judge Andrews began his charge to the
 jury at o'clock. He said in substance as
 follows:
 The prisoner at the bar is charged in the
 indictment with the crime of rape. It is aa
 atrocous crime, and it is the duty of courts
 and juries to see that the perpetrators of
 such crime be punished; but it is equally
 the duty of courts and juries to see that the
 evidence against one charged with this crime
 be convincing before they convict him. There
 are two questions in this case-Was the crime
 committed, and did the prisoner at the bar commit the crime? On the first question you have the uncorroborated testimony of
 Mrs Winson. And her testimony if credible
 is sufficient but I do not think that point
 will trouble you much. The chief question
 for you is did the prisoner commit the
 crime? You have heard the claims of the
 State and you must consider them, and If, to
 use a homely expression, you are thoroughly
 convinced''-which is the meaning of that
 vexing question, 'without @ reasonable
 doubt''-shat their claims are true, you must
 bring in verdict of guilty.
 The judge went over the testimony of the
 State and said: ''There is way of decid- ing the truth or falsity of the identification except by applying that common sense which you would use in ordinary business affairs An alibi is the most absolute and conclusive proof that can be offered of the prisoners innocence, and if the defendants alibi is suf ficiently we'll proven to establish reasonable doubt in your mind, you must brlsg In verdict of not guilty' He then told the de- fense's claims and gave the case to the jury at 3 minutes of 4.
 At four minutes after 5 there was knock
 at the door of the jury room. Sheriff Tuck
 CT answered the knock, and in moment came out and spoke few words to the
 judge and then called in the jury. The jury answered to their names, and In response to the question of the clerk, ''Gentlemen of the jury have you agreed upon verdict?' Foreman Bradbury first shook his head and then said in whisper, "We have not" Judge Andrews asked them if there was any information they desired of the court The foreman again shook his head ''This case," cold hic eIoc ia1 a time and 1t would be very unfortunate if the jury disagreed. Again I ask you if there is any instruction you desire from me-" Fore ! man Bradbury attempted to approach the judge to speak to him in private, but the judge ordered him to his place and told him to say what he had to say in the hearing Of all.
 ''Well," said the foreman, i've would like
 some instructions as to the length of the i'm
 prisonment fixed by the law.'' ''The penalty" answered the judge, "may be imprisoned for life, no longer; and may be for only three years, no shorter. You may now return to your room and try to agree. At the end of five minutes will re- call you.''
 ss The jury retired immediately. Mir. Case
 came up to the judge's desk. spoke few words to him, and Judge Andrews ordered
 Sheriff Tucker to recall the jury. They came to their seats and the judge said: 'Gentlemen, you must remember that the fixing of the penalty is entirely without your
 province. You are to say whether the pris-
 oner is guilty or not guilty. You may again
 retire and I will call you within five min utes.''
 The jury once more retired. At the end of five minutes they were called in, and after they had answered to their names the fore
 man again said that they could not agree up
 on a verdict.
 ''Well, you may give back the papers," said the judge. "You are excused from
 further duty until Tuesday morning at 10 o'clock. MT. Sheriff. adjourn the court" The jurors had bound themselves to sscre- cy regarding the balloting. It is known, however, that on the last ballot the vote stood for acquittal and for conviction Six ballots were taken and on each there were some on each side who refused to listen to any argument, claiming that they had made up their minds and that nothing could change them
 Clune, the prisoner, was congratulated by many of his friends, who assured him that he would be 8 free man next week. The mother and sister of the accused seemed much disappointed at the result of the trial. The sister left the court building in tears and as she went down Church street seemed un able to control her agitation. Thus ended the trial. It is probable that the counsel for the defense will make application for the re- lease of their client on as small bail as they can get the court to accept