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

| WASHINGTON, Sept. 9.-LOng before 10
o'clock This morning the crowd begah to h the Criminal
Courtroom and With the exception Of the space reserved
for counsel the well filed before the opening
OF court Turner the first OF the defclants to ap-
pear, and he followed by Miner, John Dorsey,
Rcrdel and Vale Turner aud Miner appeared TO be In
good spirits sitting side by side and conyersing cheer
fully. Me,srs Mcrrick Bliss aud Kor awaiting tho
opening OF court, wearing expression OF die utmost
confidence. Shortly after 10 O'Clock General Brady
into the doorway and looked frequently into tho
courtroom without attempting to penet through the
crowd The spectators talked In low regard.
ing the probable verdict and the greatest diversity Of
opinion seemed to exist The only point upon which
they seemed to agree upon Turner'S probable ao-
Quitta
At 1918 Judge wylie in and directed the
sha to ask the jury If they had any report to make Tho
murmur OF voices died away, and comparative silence
prevailed in the room Deputy Marshal Williams soon
returned and in low voice informed the Court that
agreement had been reached. He was directed 20 sum-
the jury The jury then ln and all took their
seats with the exception OF Foreman Dickson. who
stood erect in front Of the witness stand
Judge Wyle said Mr. Foreman, the Court having
taken until a certain hour desired hear him.
self an answer 10 that question Instead OF hearing 10
from "a messenger You can retire"
Foreman Dickson said that the jury desired TO submit
the Judgment Of the Court a certain proposition and
handed up paper. Judge Wylie said the jury had Q
regarding the laws As to the question OF fact. that
their province. They must decide the question Of fact
II from tie question that the Jurors divided
opinion in regard TO whether there TWO
conspracies after tho 3Oth OF May. 1879 That he
derstood 10 he the substance OF the question pre-
sencd to the Court Ii question OF fact He had
endeavorcd to advise the jury yesterday IN regard to tue
law be applied 10 the fact In regard to this question:
He could only repeat now substantially what was SAID
yesterday the jury were OF opinion hat the evil
dence showed that there cOnspracieS instead
OF one it impossible to lind verdict under the i8
dlctment. This was an indictment Tor one conspiracy
but II was not necessary that ali OF the defendants should
DE guilty or none II might be nat some we're NOT guilty
of the conspiracy and OAers guy As To the ,nect of
the interchange or interest between certain Of these
defendants. winch 1t claimed took plac about tho
Both of March le79 the Court had instructed the jury
that no mere change OF interest In the contracts
If the conspiracy continued stl the interchange
Of interest between the members OF tnc conspiracy
II A the contractor on one Ioute, On
another aud on another, and these three were
his contract with and tho same thing took place
with c, they all remained in the same relation to the
conspiracy. That interchange ought not 10 have ono
particle OF influence on this question That was qucs-
what he had lie satisfied that, without eating
the full power Of the Court The jury should be content
the Court on the question OF law Messrs Toten and
Henke excepted to tLis instruction Of the Court
Carthy desired the instruction Of the Court on anoher
point and submitted question to tue judge. who read
II, follows; should the Jury be Satisfied that con-
splracy existed the part OF Of the defendans
but the date OF the overt acts charged does agree
with tue date OF the acts set forth IN the Indictment,
would thar be evidence 10 the lndictment I"
~ do not WONDER" sud Judge Wyhe, THAT your
minds should become little c0u-ed ln regard TO an In
dctmenI which covers more than eighty pages OF printed
matter especially jurors not accustomed TO tho
examination OF papers OF this kind ana do not know
what "A mass or irrelevant matter Is generally tnbed
thing IN nis indictment but what Is prudent fol the
pcdcr TO make iut0 t, because tie md meut Is touad
before II tried aud the peade who prepares the
Indictment with proper care should prepare II
way as TO cover all possible aspects Of the evidence.
n has he fafn nks.HN
II. 1879. IOu, ccnlemen have been sworn 20 try tho
Of conspiracy under that law, aud hc character of
the conspiracy Is set on Ia the Indictment Ii you be-
eyc tha these Defendants. or any OF thea are guilty Il
this conspiracy tha Is one step settled When yOn reach
that conclusion sink post there That que son being
Aee0 the next one Is as Ia the overt acts There ara
forty OF nfty pages OF this indictment 9oyed Ia se
Ting .inct II any OF overt
correctly set out and such an act corresponds
with the Indictment. IL enough 'houg ull the others
may be- Incorrectly set out called your attention yes
tcrday the Verrnion and sioux Falls route. COM
pared the overt act st out IN the Indie melt with tho
act as Is proved IN this case The overt act Ia
this as proved corfesOnded IN date aud form To the
overt act charged Ia the Indictment II you oceve th9
evidence. did MOI tik wac necessary T. 10 over ell
snccIuen IT. IN y@nr iudsmemI ther, ia onc
Conspiracy csta6lisGed as in existence sincs
these over, acts any OF them, committed ny any
Of tue dcleuants belonging To this conspiracy the
il made out
MORE INSTRUCTIONS DESIRED
Mr. IngersollI would IKE the Court 10 instruct the
jury that they have right to consider ANY overt scs
set out In the indictment unless IL has been established
charged
Mr. Merrck-In addition TO that
Mr Ingorsoll-I am not through yet would like tho
Court further "a instruct the Jury that IA impossible TO
make any defendant responsible for the OF any
other unless he fact OF the conspiracy has ben esa0.
ushed beyond reasonable doubt. ana further-
nm not going" exclaimed Judge wylio decidedly,
TO nave TINS question argued any more Tos is talk
between the jury and myself"
Mr.. InsersOli-Then 1 except
Mr. MerTick-I would now
The Court-Th Court has It's responsibility. That TO
IL oh "A A he mn "a
rule that the time for argument has passed
Mr.. Merrlck-I want your LIQUOR 10 call att sluon