The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-09-12
STAR ROUTES.
The Jury Unable to Agree Only on
Partial Verdict.
WHICH IS FINALLY ACCEPTED BY
THE COURT.

WASHINGTON, Sept. 1.-THE public curiosi-
ty in the result of the Star Route trials is not
abated, as was manifested by the large crowd
which thronged the court room this morning.
At 10 o'clock, Messrs. Miner, Rerdell, Tur-
ner, Vaile and j. W. Dorsey were in attend
ance, and had some difficulty in reaching their
seats at the defence table.
The Judge having taken his seat, the session
of Friday was closed, and at 1908 the session
of Monday was entered upon.
The deputy marshal, who was sent to inform
the jury that the court was in session returned
and replied that they would be down in five
minutes. In hat time the jury entered look
ing fatigued and generally worn out. In aus
wer to the question TO The Clerk as to whether
they had agreed upon verdict, Foreman
Dickson said th at the jury stand the same as
they did when the report was made Saturday
last-decided as to four of the defendants, and
not able to agree as to the others.
Mr.. Ingersoll requested the court to inquire
whether there was any prospect of the jury
reaching conclusion.
This the court refused to do, stating that
that was matter about which the jury might
differ Hs was not willing to discharge them
yet.
Mr.. Ingersoll called attention to Sec. 1,036
of the Revised Statutes, where it is provided
that jury may find a verdict as TO some of
the defendan is and not as to others.
The Court replied that he was satisfied that
that might be done, but still it was an incon-
clusivessort of verdict.
Mr.. Ingersoll suggested that there was very
little logic in hunger, and not much evidence
in ihcons enience
The Court-You are assailing the venerable
institution of trial by jury
Mr.. Ingersoll-I am not assailing the institu-
ton, but l am assailing the barbarism of
200 years ago.
The Court replied that there was no necessity
to discuss that point. The Court had not en-
forced the "barbarism of the law" as Mr. In
orarooll tnru it furfhar han m ipcfr 4 bo
marshal to treat this jury as he had been in
the habit of treating other juries, because ju-
ry might be INDUCED in luxuries which would
tempt them to stay out longer than necessary.
He was unwilling to enforce the barbarism Of
the law by starving the jury, but they could
have water to drink, food to eat and place to
rest.
Foreman Dickson-The jury have Just re-
quested me, il proper, to present briefly my per-
sonal views as to an agreement
The Court-The Court cannot receive that.
If the jury are still in darkness as to any ques-
tion of law, the Court will. with pleasure, try
to enlighten them.
Foreman Dickson-We have fully discussed
every point presented fy your honor as to the
law of conspiracy, and the facts presented by
the evidence.
The Court-That OF course, have no doubt
you have done.
Juror McNaIly-I am firm in my conviction
and nothing can alter it.
Inc COurI-NOno Oh you are aubnOr1ZoQ TO
make a statement now. After discussion comes
deliberation You have discussed the whole
case. have no doubt that you have been de-
liberating, but you have not reached q conclu-
sion as to the whole case. 1t is in the power
of the Court to accept such verdict as you
are prepared to render now; but the impor-
tance Of the issue, the great amount of mon
ey, and time and care expended in the trial of
this cause renders it very important that, if
possible, you should render complete verdict
as to all the defendants. 1 do not wish to give
you binding instructions, even as to that. /
will try you once more.
Foreman Dickson-We obey, with respect
| full submission to the court.
The Court stated that he did not wish to be
| understood by his last remark as permission to
discharge the jury at 2 o'clock, to which hour
a recess was then taken.
At ZOO the jury entered, and through their
foreman reported they were unable to agree
The Court stated it had come to the conclu-
sion to accept partial verdict. The roll of
defendants was then called. and all answered
Here" The jury then rendered verdict of
acquittal as to Turner and Peck, and of guilty
as to Miner and Rerdel. AS to the others
they were unable to agree
On objection of Mr. Merrick, that Peck had
not been arraigned and consequently could not
be included in the verdict the foreman repeat
ed the report as to the others, but lett out the
name of Peck. The jury were then discharg-
| ed, and Messrs, Hendle and Williams for Mi
ner and Rerdell, respectively, gave notice of
motion in arrest of judgment and for new
| trial.
After an angry passage between Messrs. In
| gersoll and Merrick, and an earnest statement
on both sides to probe the alleged attempt at
bribery to the bottom, the court adjourned un-
| til Wednesday morning, at 10 o'clock, when
arguments on the motion in arrest Of judgment
will be heard.