Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1882-09-22


Unable character WIN al line of Truth marshaled
at its 'front.'. The y ore. truth that could be
worked in the better the chance or success. II
d "a IN ,n smD,oyns Sose s e. ana
Tense is even more heinous. This was about
all that he should say at this time.
diference SstWe tSeir POSITION ion ana hls own.
If they believed the charges against the de-
doubt, then they should acluit them wi, hout
regard tS any ciamor or any opin' on OF the
juror was SO base q coward as to refuss to fol-
low his conscience. On the other hanc, their
duty to their country required them 70. bring
Yesterdays occurrences required q passing.
remark Ii this information was true, then
It ts was natural that the Jurors 60 approached
g ould T eel indignant, but they must not let
hat interfere with their G Inn. d spass onaee
Judgment. Let them be true to themselves
as to refuse TO allow themselves to be intiu-
enc d by these considerations.
Colonel lngersoll rose AMI asked the court If
IL was within h power to DIR ct the jurors to
freely and fully communicate to one another
all of the informal on they possessed touching
Judge Wylie answered that he d d not wish
that INQUIRY started In the jury-room. He
would further saw that the law forbade the
voluminous notes which he had perceived they
ha made. sf
Gener / Henkle desired Immediate investi.
garlon OF the Facts connected with the at
tempted brfbing Of the jurors, and punish
ment of the gu lty. He also noted q number
Judge wyi Q interrupted the reading to pass
upon a prayer which he I'D he had forG )tten.
1t relates to Va IL and asserts that he can"ot
be held resp lnsible for acts done before ne
came I'M the mbination. So long as man
prohted by the conspiracy he was connected
t. Vale. the latter. knowing the circ M
stancrs su rounding them, was equally guilty.
THIS portion Of the charge was also excepted
, to by General Henkle, who called the atten-
Il n of the court to several of the praye g,
which, he said, hal not been passed upon in
The court answered that he had passed upon
them In general way. Ref err ny To one of
the prayers, he said he did not 3 ,lieve in the
interft r5ncs or members OF Congress and
Generals of the armv i'm these matters. The
law only should be the guide followed by the
PostmaSter-General When the General OF
the army came here AMI said he thought
every tile m ming camp the Rocky Noun
tains was enulled to daily mail servic,, the
jury must not except that Op'u on as the law.
We sh ,uld have a wretched condit on of ad-
minstrative alta r. If publ G officers were to
be guided by tn advice and requests of MEM
berS OF COngr IS, even where consistent with
the public go d.
General Hen lie and Colonel Totten then
went on at kreat length to point out what they
reg,rded as neglected. prayers. the count al
most uniformly refus ng to grant them. The
read ng and discussion of these consumed SO
much time that t WIS nearly three o'clock
when the jury retired.
A recess until six O'Clock was then TAKEN at
which me the jury were ordered TO report.
Dur ng recess some of he SD ,ctators re-
manned in their seats, and some me before
the court reassemb ed the room was almost
completely filed with an expectant crowd.
! John DORIS ~ and Herdell sat side by side q n
vers ng in VIII sper. Miner and Va lie sat be-
side their counsel-General Henkle. All of
th"m wore strained and anxious expires ion
OF counenance, and they glanced furtivelv at
tho clock as the hour of six approached.
tn ner WIS unconcerned almost smiling The
o her defendants were not present. shortly
after the appointed hour the Judge took b IS
seat. and the jury was summoned Pend ng
their appearance, General Brady came in and
stood near the door. AT five minutes past six
O'Clock the Jury was called. An impressive
lence 'igned among tbs spectators VIII le
the Clerk inquired:
Gent emen of the jury, have you agreed
upon q 'rdictY
Foreman Dickson answered: 1--WE have not,
exc pit as to one of the def ,ndants."
The Court-That will not do You had better
take your seats until counsel for the Govern
ment come in.
The jury took seats.
Bliss and Ker came into court at this mo-
m mt, and were Informed of the cond ton of
affairs.
Bliss said he did not see what was expected
of the Government counsel
The Court tn n directed the Jury to retire for
FUR her deliberation, saying that perhaps by
tomorrow they would fin another verd ct.
Thev were cautioned to beware of Jury
fixerS."