The Portland daily press., 1883-06-14
NO VERDICT.
The Star Route Jury Still Making
up Their Minds.
A Nights Abstinence from WhisEey and
Its Consequence.
Further Instructions Given by the
Judge.

WASHINGTON, June 13.--The recess taken by
the criminal court expired at 10 o'clock this
morning, and a number of spectators, inolud-
ing several jurors in the former trial, assem-
bled to hear the report Of the jury In the Star
route trial. Mrs. s. w. Dorsey and her sister,
Mrs Peck, were also in attendance.
Shortly after 10 o'clock Judge Wylie direct
and enquire If they had agreed upon verdict.
The crierswent on his mission.
Mr. Bliss stated to the court that Juror Yer
non had been unwell during the night, but was
now better.
Judge wylie instructed the proper officers to
care for Mr.. Vernon.
The crier soon returned and informed the
court that the jury was not ready to report.
One juror, however, wished to come into. court.
Judge Wylie thereupon sent word that If
ANYONE of them desired Instructions upon points
of law he was entitled TO it, aud that the jury
would be permitted to come into court Tor that
purpose.
The message was delivered and tho crier an
swered ior the Jury that the juror In question
believed that his difficulty arose from q ques-
tion of law, but that the foreman regarded it
as a question OF fact.
Judge Wylie sent for the jury and in few
minutes they camesinto court. Before the fore
man had reached his seat, Juror Vernon, who
presented wild and disordered appearance,
uttered several convulsive shouts, sprang into
the air and fell upon the floor in fit. A scene
of confusionifollowed. The counsel hurried to
the assistance of the unfortunate juror, who
had struck his head heavily against chair in
falling, and it was some time before order was
restored. Judge Wylie bade the other jurors
to retire and placed Vernon under the care Of
doctor
Judge Wylie refused Mr.. Dayidge's request
for a recess until the result OF the accident
could be learned.
In short time, Deputy Marshall Fassett re-
ported that Vernon was all right, and at1.o5
the jury came in.
Foreman Crane said: Your honor, one Of
the Jurors desires TO ask question of the
court. To the most Of us it seems question
of fact, but we prefer to let Horrigan speak
for himself"
Judge Wylie--The court will hear his ques-
tion, and if il be question OF fact will not un-
dertake to pass upon 1t.
Juror Horrigan then arose, and in a confus-
ed manner, put a question to the court of an
almost unintelligible character, which seemed
to relate 60 dates OF certain orders made by
Brady, and TO the notice of "a stumbling
block" which Brady said he found in his way
Judge Wylie-Those are questions of fact
and not of law, and it is not for the court to in
struct you 10 that connection. Now, gentle
men, you have had sick member of the jury
with you, and disagreeable accident happen
ed this forenoon. He seems in measure re-
stored, and hope win be able now TO perform
his duties. L DON'T propose 10 u1SCQargo THIS
Juror very easily This is the second time this
case has been tried. | don't wish to put any
undue stress upon your minds, but the court
thinks you ought to agree on a verdict of some
kind. Yon can retire again.
The Foreman-Your honor, we have not
agreed upon the question of conspiracy. In
case we should agree upon the guilt of any one
of the parties l wish to know if we can report
to you.
The Judge-No; you must report verdict
as to the whole.
The foreman-Soms OF the jury think q
The Court-You have no right to say what
they think.
The foreman-My mind is In some doubt on
the question of conspiracy
The Court-The crime is conspiracy followed
by overt acts.
conspiracy can we vote upon the question of
the guilt or innocence of any OF the parties2
Judge wylie--The Court will not interfere
with the order OF your proceedings. 1t will not
attempt to direct your discussions. According
to my instructions you can decide upon any
point in the indictment in any order or time,
but the verdict when reported must be COM
plete, a verdict not based upon a part OF the
indictment but upon the whole.
The Court took a recess until 10 O'Clock tc-
morrow, with the understanding that Ii wonld
meet to receive the verdict IL the jury should
agree on one before the hour.
Vernon's fit was entirely due to the fact that
he is a heavy drinker and had been deprived
for some hours of his supplies. This was not
only clear from the statement OF J1dge Wylie
but from the concurrent testimony Of those who
knew the Juror. A little air and more whis-
ky speedily revived the juror. Judge Wylie
gave instructions that the medicine" prescrib-
ed by the physician might continue to be TAX
en- by this juror. Assent was apparently given
to this proposition by the lawyers both for the
Government and the defence.
No one claims to know what the exact situa-
tionin the jury room is. There is one report
that two or three of the jury are hanging for
the acquittal of both the Dorseys. Some
think that whichever way the jury is inclined
it stands about ten to two either in favor OF a
conviction or an acquttal, as TO some OF the de-
PENDANTS.
Mr. Merrick does not claim to have any in
timation as to the opinion Of the jurors, but is
confident that no vote has yet been taken upon
any subject. Another lawyer for the defence
says the jury evidently wanted the judge to in
struct them that they must find as to the con-
spiracy first and then as to the persons who
might be connected with it, If conspiracy
should be found. This the judge declined to
do. He declared that be would give them no
instructions as to the order in which they
should find their verdict; that it would be
enough II they should simply return a verdict
of guilty or not guilty as indicted. It will be
remembered that on the former trial the jury
first voted that there was no conspiracy, and
then returned a verdict of guilty as TO Miner
and Rerdell.