Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-09-10
HANGING FIRE.
No Verdict Yet Returned in the starr
Route Triai-The Jury Unable
to Agree as to
The Guilt or Innocence OF all the Defend
ants-A Partial Verdict Among
the Probabilities.

~ O'CLOCK this morning the jury in the Star
route case came into court, and reported
that they had been unable to agree upon a
! verdict, and asked further INSTRUCTIONS
These were given ~ Judge Wy1ie. 80 folIous:
) iryou believe that these defendants or anv
oil them, are guilty OF this conspiracy, that is
| one step settled; when you reach that con-
clusion, sink post there. That question
| being settled, the Rext one is as to the overt
acts. There are forty or City pages of this
Indictment employed in setting out distinct
overt acts. II any one Of those overt acts is
| correctly set out, and such an act corresponds
With the indictment, 1t ia enough, though all
the others t1sy De incorrectly set out.
lngersoll-I would like the Court further
to instruct the Jury that it is impossible to
make any one defendant responsible for the
| act of any other, unless the fact of con-
spitacy has been established beyond reason
able doubt, and further-
81 am not going" exclaimed his honor, de-
eidedly, 1'to hate this question: argued any
more. This is a talk between the jury and
my selE The time for argument has passed.
In regard to overt acts on the Vermillion
and Sioux Falls route, if there be paper in
the case requiring Interpretation that inter-
preiation belongs 10 the Court, and there is
no Question between the Court and jury on
such proposition as that, and it is abso-
lutely the business of the Court to interpret
the written instruments. / read in the in
dictment the description OF the overt act in
regard to certain route. u BECAME the duty
of the Court 10 say 10 you, gentlemen, that
if you believe that is a genuine paper, and
the order signed, DO it, Brady was written
BY Brady there is no escape; that the overt
act is proved"
Counsel for the defense excepted to almost
every word Judge Wyle uttered.
Judge Wylie remarked: "Of course you
he lauu I II
jectionable 10 you. If 1 make mistakes,
however, you have an appeal"
AT their own request the jury were allowed
10 take their notes into their room, and again
retired, TO report at 2 o'clock this afternoon,
to which hour the court took recess.
At o'clock, the Jury not being ready to
report, a further recess was taken Until 9
o'clock.
A few minutes past 6 O'Clock the "Come TO
order, gentlemen, hats off," of the crier an
nounced to the large audience that the jury
had assembled the bench. All the defendants,
except S. w. Dorsey, were present. Brady,
occupying his Customary seat, for the first
time since the retirement of the jury, smil-
ingly greeted counsel for the defense as he
entered the courtroom. Deputy-M arshal
Williams, in obedience 10 an order from the
Court, retired TO the jury-room for the rut-
pose of ascertsining WHITTIER or not they had
that the fury would be ready in few
minutes 10, report to the Court. At 6:l0
O'Clock the fury came into the room, and, iu
answer TO the query of the clerk, Gentle
men of the jury, have you agreed upon a
verdicl?" Foreman Dickson replied: "We de-
sire to report to the Court that the jury have
come 10 an agreement as TO some of the de-
PENDANTS named ia the Indictment, but not as
to the others, e.
Tha 70
rate, willing TO accept verdict of that kind.
There have been instances in which, what
may call imperfect, verdicts have been
rendered, verdict as to some of the defend
ants and no verdict as to others. / am not
willing TO accept such verdict as that, at any
rate, at this stage. The verdict OF the jury
in my judgment ought to be complete. You
have number of defendants here. Those
who are guilty, if there are any, will have
to submit, of course, to a verdict. Those
who are innocent, il there are any, are en-
titled to a verdict of the jury. 1 do not
mean to say that if, after fair test, the
jury should come into court and say they
are able to agree on verdict as 10 some,
but that they are really unable to agree
to others, the Court might not accept such a
Har4iiai kat Il ..a.,l<a-e,,lF be alter a longer
trial on the part of the jury.
Foreman Dickson-Ihe Jury have not yet
desired me to make such report. We have
simply come down in obedience to your
summons.
Ingersoll-I do not know, of course, what
the jury have done, but if defendant, or
any number of defendants, have been found
not guilty, l can, myself, see no reason why
they should not be discharged. L do not see
what right the Court has to hold a person
after The jury have declared him not guilty. 1t
seems to me if they have found one or more
OF these defendants not guilty, that it is the
right of the defendant to know and have that
verdict. If they fail TO agree as to others,
that is another matter.
The Court-When it comes to the time
when the Court is prepared to discharge the
jury, and the jury should say, ave find GER
tain of the defendants not guilty and
unable to agree as to the others" that would
be time for the Courtto determine that ques-
ton. Bat that lime has not come. think
no insta ance could be in which a court OF
common law has accepted a verdict of &C
quittsl as to one today, as TO another to-
morrow and as 10 another the next day, and
proceed on any such principle as that.
Ingersoll-I would like to see the goods
delivered as fast as they are finished.
The Court-If l saw any propriety in
any silch practice as that, l should be glad
and willing to relieve the mind OF any of the
defendants. Bet until the moment arrives
when the Court Is prepaI ed to discharge the
jury, I think it would not be proper TO ac-
cept verdict of this kind.
Merrick-There can be but one verdict in
any case. 1t cannot be divided.
The Court then stated 10 the jury that
the government would be obliged TO
entertain them smother night. The record
of the court would not observe Sunday, be.
cause it had taken recess since Friday. If
the jury should happen 10 agree upon a
verdict TO morrow they could let him know,
and he would relieve them from their i'm
prisonment.
Henkle suggested that it might be we'll 10
fix some time tomorrow for the meeting of
the court.
This suggestion met with the approval of
the Court and he ordered a recess to be
taken until tomorrow morning at 10 o'clock.
In answer to question from the repre-
sentative OF the Associated Press touching
the present status of the jury, one of the
opinion that the jury were unanimous as to
the guilt of Brady, Rerdell, Miner ami Vale.
Perhaps, he said, they entertained some
doubt where the remaining defendants were
concerned.
EXPENSES OF THE TRIAL.
The payments already made on account
Of expenses in the prosecution of the Star
route cases are as follows: 3. II. Brewster,
for services and expenses before his appoint
ment as attorney-general, $4,000; w. A. Cook,
$500; George Bliss, Sl9,251; George NJ.
Ker, S6527; R. L. Merrick, $4,000; A. NJ.
Gibson, $4,000; total, S47, ,4S0. The estimated