Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1882-09-10
POST ,csscss 5s:e''' 'sz szs CONSOLIDATED N 1881


Rsvessbse lssor Aus1espsoea.
WasHrSGroS. Sept. S.-Judge wylie',
cnarPe Was dead against the defend
ants: FOR two and half hours Hinkis
ana Iosten fought every inch Of the
way with the Judge.l seeking ~ avail
tnefnseives of every technicality thai
legal acumrn could think Ut and notins
exceptions Al fast as the Judge refused
their PRAYERS. They took exceptions T.
everything, including the citation from
.ne revised statutes and read.
ing Lord Bac0n's letter praying
Ter ciemency. They excepted to the
suoRes rulings, and still wanted his
reasons therefor. To his mention of
the deficiency appropriation, the facts
OF the case, Of the route from Vermii-
hon and Sioux Falls, and to the Judge 4
inference therefrUm. which was that
ConRreasmen had plenty Of Influence
with BRADY when the routes were t. be
expedited, bat none when they asked
Tor economical service. After the ex-
oeptions had been piled up for two
h00rs and half, during which time the
Government counsel expressed no dis-
satisfacti0n with ths charge in any par
ticuIar, an end was reached. and at 3
O'Clock the jury retired ~ find verdict
and the Court took reoess till 6. The
repert Of the jury regarding one Of the
defendants in universally understood to
mean Turner, and Be- an i'll omen as to
tho rest or most Of them.
Farther SayJ lnssrueeleas.
WASHINGTON. Sent. y.-Judr0 Wylie
IN further instructing the Jury this
morning said /: II wish you to believe
these defendants. or any Of them, are
guilty OF this conspiracy. That is one
step settled. When You reach that con-
clusion, sink a post there, and that
question being settled, the next is to
overt octs, and there are forty or fifty
pages Ut this and Comment employed
In setting out distinct overt acts. ANY
one of those overt acts is correctly set
Ouf, and such An act corresponds with
the indictment. 1t is enough, though
ALI tho others may be Incorrectly set
out"
Ingers0ll-'' would like the Court to
further instruct the jury that it is i'm
possible to make any defendant respon-
sible for the act Of any other, unless the
fact of conspiracy has been esta blished
beyond reasonable doubt, and further
:" ann not going exclaimed His Hon.
or, decidedly, ito have this question ar-
gued any more. This il a talk between
the jury and myself. The time for ar
gument has passed. In regard to overt
acts on tho VermiIlion and Sioux Falls
route, il there be q paper in the case re-
quiring interpretation, that interpreta-
ton belongs To the Court. and tbere ia
no question between the Court and
Jury ON such proposition Al that. and
Il il absolutely the business of the Court
TO interpret the written instructions.
'sSuoh q verdict a. Chat. at anv rate at
this stage of the trial. in INV ind0mant
ouQht to he oomplets. You have 3 nnm-
ber of deferdants hern- Thosa vho n.
guilty. il there arc anv. viii have n snh-
nit, OF Course. TO the vordict. Those,
who are innocent fif thare nro anvl ara
entitled Ia a verdict n 1hs invv AZ
not mean to say that II after a fair test.
the Jury shouid come into Cont and
say thew Are AHA In mOree on . vara;ct
as to some. but that thew ara nnahIa !"
agree a. 70 Others, the Court mioht not
accent such verdict. but II vonld onIv
be after A lOno trial ON the Yavt NJ ths
Jury"
Foreman Dicks,n. s.;s. .srb. ;rrv
have mot decided to make such = renori I
We have simply come down in obedi.
ence to your summons"
Ingersoll-"I do not know. of course.
what the Jury have done; but II a de-.
fendant, or any not q defendant has
been found guilty, can. myself, zee no
reason why they should not be dis
charged. | do not see what right the
Court haalto hold q person after the iurv
has declared him not guilty. It eeems
Of the defendants not guilty. Il ia the
right Of the defendants 10 know it, and
have that verdict. II they fail to agree
a. to Others, that il another matter"
COurt-When the time comes when
the Coart is prepared to discharge the
jury, and the jury should say, " We find
certain Of defendants not guilty. and
arc unable to agree a. 10 Others" that
would be the time for the Court to de-
termine that question, but that time
has not como, and think no instance
could be found In which Court under
the common law has accepted OF an Ac-
quittal ~ 70 one today, - to another
tomorrow, and a. to another next day,
or proceeded on amy such principle a.
this.
lnRers0ll-I would like TO 80 gods
delivered a. fast ~ they are finished. T
C0urt-H l saw any propriety in such
practice ~ that. / should be will
ing and glad TO release my mind
Of any Of the defendants, but
until tho moment arrives when the court
10 prepared to discharge tho Jury, ]
think Il would not DO proper TO accept a
verdict Of this kind"
Merrick-"If there can be but one
verdict in any case, it cannot be divid-
cd"
The Court then stated 10 tho Jury that
the Government would be obliged to re-
tain them another night. Tho record
Of the court would not observe Sunday,
because II had taken = recess sincs Fri
day. II tho jury should happen to agree
upon verdict tomorrow. thoy could lei
him know. He would relieve them from
their imprisonment.
Henklc suggested Il might Be vol to
fix sOme time tomorrow.
The Court accordingly 0rdered \ re
oo0 until tomorrow morning At l(
O'Clock not I.