New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-09-10

ines frs S@5ourtEThst is unnecessary, Mr. Merrick
Mr. Carpenter-The mischief Is done now. ,ooossorv
The Court-None OF these remarks were n nee Ti
There Is nothing suggested by any oouA en- rond
na and covered IL in response TO the question
p,,sent ed this morning ny the jury
M N.Y. CnSpti cannot he interrupted now, gentlemen
Jnust Inc allowed TO talk to the jury The law requires
he one or more overt acts identical with the charge ID
Tie Indictment The proof must be that some oVeTt au
S,srrhed I'm the indictment has been made our: IhCo
an about forty overt acts described In the lndicnS
and of them are described correG.y % rnoi
10 the evidence except one, ana you hnd hHt ~. a.
ip regard to that corresponds exactly WIN ,u tn
sS5p nSn OF y the SSSas pSh IN @S
In regard TO The overt act on the Nerillo n, tter
Fails route. If there be paper IN case l yrt and
probation that Interpretation belongs 10 t ,nrv ON
there is no question between te the business
OF the Court to interpret written inStrumehes g. rcard
the indictment The description OF the overt ACT III lfgao
here a description OF overt act done y! Uno "a %
% d ntmntest particular with the description
in The Indictment became the duty o le -,
say 10 yOu gentlemen that II You 9eeN , ta. 30 it.
"a senu,ne paper and the order signed 10 IL IL,
Brady" written by Brady there IL no have
made myself as plain as am capable OF dong ,o,,
This remark caused ripple OF laughter W run '"0o
WHOLESALE EXCEPTIONS.
Mr. wnson-To the remarks of the Court we all except
desire further to except to the remark OF tHc Oo'i
tina; II the parties conspircd, and "any act =
The Court-Any act described anu SET OUT III '"' ."
dictment Is overt act -
NJ wusan-Tbat il not what your Honor said before
The Court am sure it's You could not nave Oeeh
attending addressing the jury re sure tna y" t
have eonsracy ana t1 b Te one of the conspirators
Droyed as laid, and, 80 far as you are cono0iNo' ~
MT 3enkie-I desire to except TO that part OF y0mr
Honors remarks where You stated a. i'o ro 1o' and
had examined the VCrmiluOn ana sioux as ,.
hsd found an exact correspondence between inc "Sa
''9 T,s anu "nn 1Tt excepted 10 1T yesterday.
Mr Henkle-I except TO it again as question OF I"c'
h GoSrti consider that every syllable have said
MI Iotten~I desire to except to all your Honor has
Tine Court know you do Gaughter@ t DO n not
,d {. NJ Iii rrstfying to the gentlemen, thlnH that
Ihev In moi like the law, and they have right 10 SAcepl
10 ii, aud TO hold the Court IeSpoh'i'o " 'eN
Mr. ingersol-I except to the Court sayn that we 40
not ike the law. We want N''"'0' 'N'0 " 49,
The Court say that the points OF law TO "ileh you
Me- IprcrsHI meant no dlsrespect your Honor
not the slightest
The Court know that. =.
NT Mcsweeny-I except to that last expression " II
tins be 80 there Is escape -. N ....,
that we can get the proper grounds Tor oeci5o III 1s
tury In regard TO any difficulty they may nave As 20
the validity Of the indictment you are ho' JuscS ~
Court has passed upon the indictment iois 40
engaged IN trying not whether the ludlctheht i VIZ
drawn Instrument. but whether the evidence siS''h'
the Indictment There is conspiracy chalbc' 10 uc-
fraud the Government and there ls Only one Cona
I0ul .iY
ants guilty under this lhdlctme"t .nt a,
guilty of some thing else they must he acqlteu NV
a. Inc overt act II Overt act set out III tle III
01cturt d, an overt act done by one or more OF le
conspirators, and that act j. proved, , 90
hetween Inc conspiracy and the overt act If you are
satisfied That tie conspiracy ~ t No. ircr
the Two clements necessary Tor 'erdlct are nheu 90
he Court mas right to say whether THAT overt
ac Corresponds form TO the overt ac described III the
indictment It's tor you to say whether those papers
Wer prJgnt from the Department, whether ths sigma
tire oil iraly forgery or NOS, whether ne cAtcuon
of mat order has been proved But am Oo9 10 sa5
mai when IA mans signature mas Deen PToVel Oh one
side and disputed on the OiAei' II makes -Ie''9
s' Mr. lgreiso stated that nobody had ever disputed
GonriCFor the sake Of the utmost scrupulOsity
was not willing assume that much
Juror Mccarthy, however, rose ana asked whether
the Jury nsnt TO question tho date oi the overt
Inc Coart-Why certainly. what iswntten is written
on The indictment you have before you AS ai as you
are ccucecd every the face Of that paper Is 10
DE taken and then you must apply the PROOF 10
jnr"r Mccarthy stated that it almost impossible
fo The Jury to recocct the dates OF all The transactions
Mr IHgcIso pressed the willingness OF the defence
allow The jury have copy Of the record ~ tine Ge
counsel suggested that the jury might examine Tie
exhibits ,,o a., m
geston Juyman Holnead II Was agreed That te my
might refer their notes taken III the progress Oh Tie
recess WAS then taken until o'clock
SECOND ADJOURNMENT
Such was the general curiosity to the result OF the
deliberations july. that during the recess many
spectgtos remained IL the courtroom, ana Their ranks
were Augmented as early IL h4li-past by a crowd
which filed every available foot Of room. The window
sill, were used Is resting places and tue expecant mass
eucioachod upon Judges bench The counsel oI the
defence were early In attendance and the Judge and
iH1 one Of me officers to ascertain whc le jury
lad agreed upon verdict. The officer, iejuIhlns N
formed the curt a low that the jury were just
81 ballot; ana the tOull stated dAOuu tiat thc
ur, wOuld IL IN the course OF It" moments.
moi p,,ri,r tiat thc jury had made up their NH da
nOUnced "a recess until O'CLOCK
STILL 80 VERDICT.
At "A few minutes past O'clock the " Come to order,
gentlemen hats of of the crer announced to the large
audience that tue Judge had assembled the bench. All
the defend mt. except ). W. Dorsey were present,
Brady occupying his customary seat Tor the first time
since the Of the jury ana snllngy greeting
The counsel for tne defence he entered the cOur
Deputy Marshal Williams, in obedience to order from
the Court. red to the ury-room Tor the purpose Of
ascertanng ahcther OF they had agreed upon
dict lie informed that the jury would be ready III
q lew minutes to report TO inc Court
Al ten minutes past o'clock the Jury
camo into The ri i fSa cor 6ia Geu 4h7wgI
ofthe jury, have you agreed upon verdict - Foreman
Dck.In replied: Y" We desire report 10 The Court that
jury nave come TO an agreement a. 10 SOME o. ns
dc emdants IN tine indictments; not AS 70 Others
The Coun-rLe court Is not nov" at an! rate, wiling
10 accept II verdict OF that kind. There nave bccu in
stances Ia which what may call Imperfect verdlcis
have enderoda verdict ~ to some 0f the dechd-
anti and no yoIcict TO the others. am not Wiling
10 accept verdict as that; at any rate al ths
sne rhe verdict OF tue jury IN Judg ought 70
De complete. You have numDcr OF defendants Dcrc.
IAo.. vi no gdly az there any viii have 10 SUB
nit OF course "a verdict. Those who innocent
of there any are entitled 10 the verde
al tneiry do not say That, If alters fair rest.
The iIry into court and mat they
abic a verdict as 70 sOm' bat mat they are
reaily unD.e to agree others Court might
accent ,uc. verdict; but II would on.y DO after
los ger tlial on The part OF the jury
Foreman Dickson-Ibe jury have not yet desired
10 make sirn = report We have siuply come down Ia