The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-09-12
A PARTIAL VERDICT.
JUSTICE WHIPPED OF HER DUES,
Star Route Jury Brings In a Partial vsrdIet-Tht
! Tools Convicted aud the Principal Thieves
Escaps-AnIma at.d Controversy Between
' Atars. ,Ipytrsoll lni Msrrlck.

WASHINGTON, D. c., September ll.-Tha.
public curiosity in the result OF the Star
route trial has not abated was manifested
by the large crowd which thronged the
court room this morning. Miner and Reer.
dell, Turner, Naile and J. W. Dorsey were
in attendance, and Judge .Wylie having
taken his seat the session Of Friday closed
and the session OF Monday entered upon.
The jury entered looking fatisued and
generally worn out In answer to the
question Of the clerk as to whether they
had agreed upon verdict, Foreman Dick.
son said, ave report the jury the same Us
when the report was made Saturday last.
We have decided rs to four OF the defend.
ants aud are not able to agree us TO the
others"
1ngersoll requested the Court 10 inquire
whether there was any prospect OF the jury
reaching Il conclusion. This the Court re.
fused to do, stating that was matter about
which the jury might differ. He was not
willing TO discharge them, yet he was un-
willing to enforce the barbarism OF law by
starving the jury. They could have water
to drink, food to eat and place to rest.
I Foreman Dickson-The jury have Just
requested me, if proper, to present briefly
my personal views as to agreement.
The Conrt-The Court cannot receive
that. Ii the jury are still in darkness as to
any question OF law the Court will with
pleasure try to enlighten them.
Foreman Dicks0u-We have fully dis.
cussed every point presented by your
Honor ny to the law Of conspiracy and
facts presented by evidence.
: Juror McNally-I am firm in my con-
vietion and nothing can alter it.
The Court-None OF you are authorized
to make n statement. Now after discus
sion comes deliberation. iou have an
nounccd 10 Court that You have discussed
the whole case; you have no doub. been
.d.libernting, but you have not reached IL
conclusion rs 10 The whole case. II is in
the power cf the Court to accept such 4
verdict M YOU are prepared to render now,
but the Importance Of the issue, the great
amount OF labor and money and time and
care expended in the trial Of this cause
renders it very important that, il possible,
you should render complete verdict as tu
.all the defendants. do not wish to give
'yon binding instructions even rs to that.
Il will Try you once more. a. saE
Foreman Dickson-resignedly obey
with respectful submission to the Court.
The Judge stated that he did not wish to
be understood by his last remarks Us
promising to discharge tile jury at two
O'Clock, TO which hour recess was taken.
At e05 The, jury entered and itirough
their Foreman reported they were unable
to agree. The Court stated 1t had come to
4 conclusion TO accept Il partial verdict.
The roll OF the defendants was called and
all answered here. The Jury then rendered d
n verdict of acquittul US to Turner aud
Peck, and OF guilty Us to Miner and Reer-
dell. As to the other3 they were unable to
agree.
On the objection Of Merrick that Peck
had not been arraigned and consequently
could not be included in the verdict the
Foreman reported as to the others but left
out the name OF Peck. The jury were then
discharged and Henkle for Miner, and
Reerdell respectively give notice Of mo.
ton for arrest OF Judgement aEd for new
trial. 4
In the course OF argument upon the mo-
ton for renewal OF bonds in the cases oi
the defendants wherein the jury failed to
agree, Mr.. Merrick said: My motion is
double, to increase the amount and re.
Quire the need oi rccognizlnce.
Tnnnr,,olI l. 81, (.
made simply for the purpose uf annoyance
The bond now given is certainly good, leg
ally speaking. The only reason for uddi.
tional bond is that the jury has failed to
convict the defendants and The prosecution
pretend that it is good evidence that they
are guilty.
4lerrick-The statement that the motion
is made for annoyance is yralui,ous.
IngersoIl-I don't know that.
Merrick-I DO know it.
Ingersoli-1 dou't care what you know.
=3ierrick said he had more respect !or the
motive which prompted the motion than
he had for 1ngersolls opinion.
Il don't want your RESPECT" exclaimed
Insersoil. - ~
"And T." retorted Mrrtick, "ion't want
yours"
II don't want yours" continued Inser.
soil, "and lshould feel humilated to have
it."
Peace, gentleman, peace" demonstrated
the Court.
The Judge then said, he was Of the
opinion that the recognizance already en-.
tered into, SO fur as the parties against
whom there was no verdict rendered are
concerned, are subsisting and valid recog-
nizances It's to the two parties found guilty,
Reerdell and Miner. nm OF the opinion
there is IN end to their recognizances.
Henkle-Wiil the Court accept new
bond for them pending u hearing OF the
motion for Il new trial? q
The Court stated that he would hear
Henkle On that subject upon Wednesday,
and he would, Oh the same day, hear the
arguments upon AIerrick's motion to re-.
quirc new bond. & taS 3 q.
Foreman Dickson said he was requested
to return the thanks and gratitude Of the
jury to the Court, for the kind consider.
alton with which they had been treated
They i;were grateful flr their courteous
treatment on all sides. Many OF ;heui,
though performing compulsory tiu:y since
early in March, with an army OF witnesses
before them, and almost talked 10 death,
would leave the Court room with pleasant
recollec,ious Of their unpleasant duty.
The Court-The Court parts with NIL OF
you with sentiments Of entire iriendiness.
| had hoped that we would have been
able to decide this case, but you have not
reached any conclusion | can regard as Il
conclusion OF the case at all. But l do
not desire to cast any imputation upon the
motives Of any one. You have not seen the
law probably us the court has seen il, but
YOU have exercised your power under the
law OF deciding finally on matters submit.
ted you; you have decided ilcts no doubt
conscientiously and it is not for the court
to express any dissatisfaction, and l take
pleasure in saying to all members OF this
jury that with entire feelings Of respect the
court begs to express its gratitude for
the patient and exemplary conduct which
,fhey have exhibited on this trial from the
beginning to the end. Parting with you,