The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-09-11
DAM0CLEAN SWORD
HANGING OVER STAR RRcurERsHEADs
'ndEe W,lls's Determination 10 iiave a Verdict.
couasrl for the Defendants BADLY Ratified.
"Pagan Bob" Sat Down Upou-Stlrrlng
Scenes Ia tho Court Room,

Scenes Ia thu Court Room.
| WAslllSoToS, September 0.-The Star
route Jury Is still In tho custody Of Judge
Wylie's baililIs. At this hour It is prob.
ably sleeping in its comfortable quarters at
thedOwn.town hotel where the Guileau jury
wns entertained. Three times to. day Judge
Wylie had a crowded court room OIL the
qui rire for verdict. Each time tho Jury
through its foreman stated that the veldct
was not ready. The last time, ut the O
o'clock evening session Of the Court, Fore.
man Dickson stated TINT the Jury had
reached verdict M to some Of the defend.
ants, but was still in doub, us to the others.
The popular impression ut the court house
after this statement was TINT, besides the
acquiltal OF Turner, determined OH yester.
day, the jury had agreed to convict Brady
and French and the Dorsey's, md were In
donbsas to the contractors Miner and While.
One Of the counsel for the prosecution said
that he thought D;ckson's statement
meant that the jury, in addition to agree
ing rs to Turner, had determined TO
convict Brady and all the other defend.
anls, except the Dorseys. He added that
his impression was that the jury would
probably stay out until Monday, and that
would be their final verdict. Counsel for
the defense said that their impression was
that the jury had agreed to acquit every.
body, exreptTperhaps, Brady and French.
and were wrestling with the evidence as
to them.
OF course nobody knows anything about
it outside OF the jury, but the most prob.
able theory is that OF the prosecution. II
is not believed verdict will have been
reached by the time Court meets again TO-.
morrow morning, at 10 o'clock. The prob.
ability is that the jury will stand until
Monday very much rs it does tonight, and
that on Monday they will announce the
conclusions they have reached in the cases
as TO which they ugree, and as to the
Others that they have agreed to disagree on.
1t is believed that by that time Judge
Wylie will be ready to take whatever yer.
dict they offer.
Inc court room was rs crowded as ever
at 10 o'clock this morning and Just MS hot,
although the day was so delightful outside.
Judge Wylie came in promptly, put his
umbrella OIL one corneroi his desk, and his
big white straw hat on the other, then he
put on his gold spectacles and smiled at the
closely.crowded rows Of people before him.
Then he turned TO Deputy Marshal Will.
lalhs, who stood beside his desk, and asked
him to bring the jury down from the con.
sultation room above. The buzzing sound
which ceased when the Judge entered, at
the same time that hats were taken oil and
cigars thrown out the window, begun again
while the jury was on the stairs. Almost
everybody supposed that the jury would
bring in verdict this morning, and as
their familiar faces appeared through the
crowded door on the right OF the bench the
hum Of conversation ceased again and
everybody pressed forward to look at them.
They remained standing while the Clerk
called their names md they responded
'tpresent." Then Foreman Dickson, with
the indictment in his hand, advanced to
the Clerk desk with what seemed to be n
significant smile on his shrewd face. The
crowded court room held its breath, and
was very much disappointed when Fore.
man Dickson announced that the Jury had
not agreed upon n verdict and that they
simply appeared because they were sent
for. II. ...-,- .'5l.55
lie added that they would be glad 10
have some further instructions Oh doubt.
fnl points. The ensuing hour was one OF
the most remarkable in the trial, Fore.
man Dickson, on behalf Of some Of the
jury, and other jurors on behalf OF them.
selves, propoundcd their questions, and
Judge Wyle, in answering them, repeated
practically those features in his charge
which were most damaging 10 the defense.
Every time he answered jurors question.
whether it was Foreman Dickson's simple
! question rs to whether il conspiracy were
charged in the indictment, they could find
the defendants guilty rs 10 one, il proof
sustained the allegations as 10 it, which
he answered in the affirmative, or TINT OF
Juror Mccarthy as to whether q variance
between the allegations Of the indictment
as 10 overt acts and the proof offered was
not fatal to the indictment, which he IN.
swered practically in the negative by say.
ing that if they were able to find one over,
act set forth in the indictment und sus.
laincd in the proof, that was enough ia
save the indictment and condemn the con.
spirators, lie twisted his sword again in
the body Of the defendants case. lie had
not prepared any set phrases whatever us
he had before he began his formal charge,
and he spoke right out in plain terms what
he thought. lie called the defendants
"conspirators." bespoke OF their chances
OF escape" Once he seemed to 90 so far
rs 10 say that they did not like the law be.
cause OF their consciousness OF guilt.
Totten, and lieuklcand Wilson had been
OIL their feet ever since Foreman Dickson
received his first answer, growing out in
savage tones their exceptions to every word
Judge Wyie was saying. But at this last
remark the mighty McSweeney, no longer
liable TO contain himself, leaped to his feet,
and protested against such supposition on
the part OF the Judge or jury. The defense,
and especially his clients, the Dorseys,
loved the law, and wanted justice from it.,
"Jnsiice, only justice" "Oh,' Judge Wylie
Explained, with a quzzical smile, II meant
lmy law; what am laying down to the
ljury rs law
| The counsel for defense were almost
beside themselves, by the time Wylic told
the jury they might go back to their room
and continue their consultation. On every
point the Judge had ruled against them,
land he Ind taken occasion to emphasize
his Theory Of the law $50 different from
theirs) upon the jury ut every step. 1t
was like fresh charge, twice us pungent
rs the first one, and being condensed, very
much more impressive 10 the jury. The
counsel for the defense grew blacker and
blacker, and their voices became more and
more 'strident until they looked rs though
they wonld like 10 bite the Judges head
oil, and they fairly shrieked out, eve
except to every word your Honor has
said"
"Very well, very WE'LL" said Wylie, ~
know it's more exceptionable than accep
table to you. fou can take your exceptions