Hand County press. (Miller, Dakota [S.D.]) 1882-1893, 1882-09-20
A Mixed Verdict.

The jurors came into court at 10 o'clock on
Monday morning, the 1lth inst Judge Wylie
asked if verdict had beeu reached to which
the foreman replied that there had been no
change since Saturday, when q conclusion
had been reached as to four of the de-
PENDANTS. The Judge, therefore, sent
them back, and announced q recess until 2
r. IN. At that time the jury returned, and,
after answering to their names, reported
through their foreman that no further prog
ress had been made.
Judge Wylie hesitated for a minute and
then said Il have decided to accept your
verdict Marshal, call the defendants
Brady and Dorsey failed to respond on the
first call, and it was suggested that they
were out of the courtroom and Deputy
Marshal was sent after them In few min
utcs they elbowed their way through the
throng and took positions facing the court
at the defense table The customary ques-
tion was put to the jury as to whether they
had agreed upon verdict. to which Fore
man Dickson REPLIED
II am instructed by the jury upon this in
dctment TO make the following return:
AS to John NJ. Peck and William ii. Tur-
ner, not guilty.
"As 70 John r. Miner and Montford O.
Rordel, guilty
AS to John w. Dorsey, Stephen W. Dor
sey, Harvey NJ. Vale and Thomas J. Brady,
the jury are unable to agree"
There was painful pause in the proceed
ings and all eyes were directed to the spot
where the defendants sat Brady appeared
as IL stunned by a heavy blow and, with
head sunk low, presented a very different ap-
pearance from the defiant, Haunting person.
age of the day before. Dorsey leaned for
ward as If in doubt as to what he had heard
while Miner and Rerdell were daathly pale,
10 aft fha had h.
usual questions, discl urged the Jury, and
was about to adjourn, when he was inter-
rupted by she counsel for Rerdell and Miner
with a motion in arrest of Judgment and
potice for new trial
The court then directed the Marshal to
take Miner and Rerdell into custody pending
hearing on the question of new trial.
Foreman Dickson addressed the court in
relation to the charge of bribery that has
arisen in this case. He inquired II IL would
be proper at this time to present to the
court the additional information in his pos
session as 10 tee approaches that had been
made to the Jury.
Judge wylie replied that this was not the
time nor the occasion for anything of the
sort The matter would be investigated by
the law officers of the Government az the
proper time. He had been told tN.4 c.rtain
scoundrels had attempted Ius anominable
and ccnsurable crime, and when an exami-
nation took place, III the charge was proven,
he would punish the scoundrel, provided q
Jury tould be found to convict him.
Foreman Dickson was approached as to
how the Jury had voted and stated substan-
tally that there were twelve ballots taken,
and that after the fourth ballot there were
no changes from the verdict as announced
Ia court The vote stood as follows on
the last ballot To convict Brady. 10,
to acquit, (Messrs Dickson and Brown)
To convict John w. Dorsey. 10; TO acuuit, I
(Mcssrs. Brown and Holmead) To convict
Stephen W. Dorsey, Q; to acquit, 3 (Mcssrs
Brown. Dickson and Holmeadl. To convic.
yaiie. n; 20 acquit, (Holmeadl
Brown, who held out stubbornly agains,
the conviction of Brady and the Dorsey broth
ers, is one of the two colored jurors