The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-09-10
THE JURY STILL IN DOUBT.
THREE TIMES APPEARING IN COURT
WITHOUT A VERDICT.
The Foreman Announcing that They had
Reached IAN Agreement as to Some OF the
DcfendRnts-Are They Unanimous ms to
tho Guilt or Brady, RerdeII, and vnile

tho Guilt OF Brady, Rerdell, and Vale |
WASHINGTON Sept. 9.-The jury in the Star
route case came into court three several times
to- day. only to report each time that they had
been unable to agree on a verdict. 1t is evil
dent that serious and. 1t is now feared. vital
differences exist. Possibly. however the jury
wish to respect the laws OF proportion. The
trial from the first has been Of a Brobdingna-
gian scale. There were three months Of testi-
mony and then ono month OF solid argument.
The printed record makes seven large volumes
OF 500 octave pages each. The cost Of the pros
ecution thus far in lawyers fees and expenses
alone has been SAT. SAG. and 1t Is estimated at
the Treasury Department that the entire cost
of the trial to the Government will be 5000, 900.
1t cannot be much II any less to the defend
ants. who thus see the gains from their schemes
melting in fees and iscellaneous court charges.
The jury has. in all seriousness. labor to
perform that calls for patience and delibera-
ton. Mr.. Ker said early this morning that he
did not expect a verdict at 10 o'clock. as the
jury could hardly 60 over the case thoroughly
In one day. When. however. 10 o'clock came
and brought no definite conclusion It was re-
garded rs a bad sign. - It meant that there was
Il hitch somewhere. What. and how serious it
mitted to the Judge in writing indicated some
OF the matters In dispute One was on the
ssass ass Msy SsS the Gt Of ,T2 the I'm
dictment. Another involved the question.
What must be done il the dates Of In the Overt
mont The Judge said that these were very
proper questions and proceeded to engh'sn
that the evidence showed that there were
Se to ina verdict u D ' the Indictment
i Ct that ali + mrSs e. Pa
o os gull guilty! As 70 the eject p the inter.
about March 80. 1879. the Court had Instructed
contracts ought to affect at all the question Of
sonspiraey II the conspiracy continued ih still
bers Of the conspiracy would have no effect
As to the second question he said: This
sworn 70 Try tie ease Of sonspiraey under that
OUT OUT in ii this ,hs Indictment. II You believe that
these defendants, or any OF them are guilty OF
,ss nt
That being etsa ths ns is as
tinct overt acts II any one OF those overt acts
is correctly. set out and such an act corresponds
all the others may be incorrectly set out.
II in your judgment there is one. conspiracy
overt acts. or any Of them. committed by any
t. this
the overt act shall be proved as laid. There
must be one or more overt actslidentical with
be that some overt act described in the indict.
ment has been made out III are about
and il none OF them are described correctly ac
cording to the evidence except one, and you
aa that e ,hs EroS in I n o ,e
overt act in the Indictment that. / tell you
upon my responsibility. under the law is suf-
His. view OF the law was. however. fatty OPP
posed to that held by the defence and long
followed between the Judge. the jury, and the
lawyers, the outcome of which was TO decidedly
strengthen the position of the Government;
they hey mi ht; for i Judge %ylies INTERPRETATION
o In
to-day that II they believed the documenty evil
dsnee in the case one Gve5t act at Least s Vas
acy existing at the time within the statute of
This rambling discussion lasted about m
| hour. The jury We're then told TO again re-
Ta when Mi anr ND small eex man
summoned up y desperate courage and told
the Judge that he couldn't remember all the
wanted to be allowed to take his notes. into the
jury room. This request precpitated another
debate The, Government wanted the docu-
mentary exhibits to be furnished the jury; the
defence urged that the entire printed record,
arguments. bo given them; The latter request
| the Judge denied as manifest!y improper. AS
to taking in their memorandum books. that.
| he said was a misdemeanor, but by common
| consent OF counsel no would overlook it.. The
privilege was therefore granted. and the jurors
| lieved in mind.
When the. court met at 2 p. N, there was q
to Hv and
| verdict, and this opinion was strengthened
turned and said that they asked to be given
LITTLE further time. as they were taking vote.
went swiftly through the large audience which
crowded the spacious court room that there
hand crept half around the face Of the Clock
pns 10 Judge aid itMn aa srs at an
| and. picking up his broad -brimmed Panama
straw hat. said it WAS evident that the jury
c0 niii not agree and ordered another recess
For fourth time the crowd gathered at the
appointed hour. and FER a fourth time the Jury
man with the strict Scotch regard for the Sab
bath and still he wished to .Ihec, the Jury to
he would send them back for consultation, but
| if at any time tomorrow they. should reach an
come to court and relense them, Mr.. Henke
suggested, however. that it would he better to
set an hour. so that all the Interested parties
We'll" said the, Judge, with a smile. we
are now sitting on the legal day Of Friday. and
| will be until We get verdict. The court will
therefore take another recess till 10 o'clock to-
| morrow morning Friday"
The lawyers for the Government profess t to.
say they think that the jury will find at least
four OF the persons named in the indictment
guilty, namely. Brady. Miner. Vale. and Rer-
dell. They argue in this way: The jury re-
ported on their first return into court that hat they
ers. This it is argued, shows that tho jury do
the defence on the technicaities raised against
the indictment; If, AZ, was claimed by the de-
| fence, the evidence showed two conspiracies
instead of one, as in the indictment or if there
| was n conspiracy hut no overt act as do.
scribed in the Indictment, tho objections would
lie against the whole indictment, and 1t
| would he unnecessary and absurd to dis
criminato among the alleged conspirators
| 1t was ascertaincd at the Treasury DEPART
ment to- day that the payments already made on
| account of ex penses in the prosecution OF the
| Star route cases are as follows:
| Is H. Brewster flor services and expenses be.
fore his appointment as Attorney Gencra.. 5000 90
W, A, Cook Services and Spenses O102 %
George Bliss seryiCes and 1921 90
\ W. services and