Daily globe., 1882-09-12

has not abated was manifested by the large
crowd which thronged the court room this
morning. Miner, Reerdeil, Turner, Vaile and
j. W. Dorsey were in attendance, and the
judge having taken his seat, the session of
Friday was closed, aud the session of Mon
day entered upon. The jury entered, look
ing fatlgued and generally worn out. In
answer to the question of the clerk as to
whether they had agreed upon verdict.
Foreman Dickson said 1--WE report that
the jury stands the same that it did wlf.n
the report was made Saturday last
decided as to four of the defendants, and
unable to agree as to the Others y
Ingersol requested the court to inquire
whether there was any prospect of the jury
reaching conclusion. This the court re-
fused TO do stating that that was a matter
about which the jury might differ. He
was not willing to discharge them, yet he
was unwilling to enforce the barbarism of
the law by starving the jury. They could
have water to drink, food to eat, and a
place to rest,
Foreman Dickson--The jury have just
requested me, if proper, to present briefly
my personal views as to agreement.
The COurt-The court cannot receive
that. IF the jury are still in darkness as
to any question OF law, the court will with
pleasure try to enlighten them.
Foreman Dickson-We have fully dis
.cussed every point presented by your
honor as to the law of conspiracy and the
facts presented by the law.
Juror McNaIly-I am firm in my con-
viction. and nothing can alter it.
The Court-None of you are authorized
to make statement now. After discussion
comes deliberation. You have announced
to the court you have dicussed the whole
case. I have no doubt you have been
deliberating, but you have not reached
conclusion as to the whole case. It is in the
power Of the court to except such a verdict
as you are prepared to render now, but the
importance of the issues, the great amount
of labor and money and time and care
expended in the trial OF this cause, renders
1t very important that if possible you
should render complete verdict as to the
defendants. l do not wish to give you
binding instructions even as to that. [
will try yen once more.
Foreman Dickson (resigned) We obey
with respectful submission to the court.
The court stated he did not wish to be
understood by his last remark as promising
to discharge the jury again at two O'clock,
10 which hour q recess was taken. AT 2.05
the jury entered, and through the foreman
reported they were unable to agree. The
court stated it had come to the conclusion
to accept 2 partial verdict. The roll of
the defendants was called and all answered
here" The jury then rendered the YER
dict OF aquittal as TO Turner and Peck, and
of guilty as to Miner and Reerdell, as to
the others they we're unable to agree.
~ z oI- hot
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 Hinkle & Williams, counsel
for Minar and Reerdell. respectively, gave
notice Of q motion in arrest of Judgment
and for new trial.
In the course Of the argument on the
motion for a renewal of bonds in the case
of the defendants. wherein the jury failed
TO agree. Merrick said: My motion is
double-to increase the amount, and re-
quire new recognizance."
Ingerson-It seems this motion is
made simply for the purpose of annoyance.
The bond now given is good, legally speak
ing. The only reason for additional is
that the jury las failed TO convict the de-
PENDANTS, and the prosecution pretend that
it is good evidence that they are guilty.
Merrick- The statement that the motion
is made for annoyance Is gratuitous.
Ingersoll-I don't know that.
Merricl-I do know it.
1ngers0u- I don't care what you know.
Merrick said he had more respect for the
motive which prompted the motion than
he had for Ingersoll's opinions.
4 don't want your respect" exclaimed
Ingersoll.
And L" retorted Merrick, don't want
yours"
L dent want yours continued Inger-
SOIL "and l should feel humiliated to
have it
Peace, gentlemen, peace" demonstrated
the court.
The court then said he was of opinioa
the recognizance already entered into, so
far as the parties against whom there was
no verdict rendered are concerned, are
subsisting and valid. As to The two parties
found guilty, Rerdell and Miner, L am of
opinion that there is III end to their recog-
nizance.
Henkle--Will the court accept a new
bond for them pending the hearing OF a
motion for new trial.
The court stated he wo1ld hear Henkle
on that snoJe2t upon A eonesday, ana he
would c. The same day hear the argument.
Forenea Dickson said he was requested
to return the thanks and gratitude Of the
jury TO the couItfor the kind consideration
with which they had been treated. They
were grateful for courteous treatment on
all sides. Many OF them, though perform
ing compulsory duty since early in March,
with an army Of witnesses before them.
and almost talked to death, would leave the
court room with pleasant reeolIections OF
the unpleasant duty.
The Court-The court parts with all of
you with sentiments OF entire friendliness
l had hoped We should have been able to
decide this case. but you have not yet
reached any conclusion l can regard as a
conclusion of the case at all, but do not
desire to cast any inputation upon the mo-
tives of any one. You have not seen the
law, probably, as the court has seen it, but
you have exercised your power under the
law of deciding finally on matters submit
ted to- you. You have decided
the facts no doubt conscientious
ly, and it IS not for the court
to express any dissatisfaction, and I take
pleasure in saying that with entire feel