Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-06-14

direction of Judge Wylie, the star route
jury came into court at 1895 to receive
instructions on points of law. Before
seated the juror, Vernon, who was sick
during the night, fell on the floor in a fit.
He is now under care of a physician. The
remaining jurors returned to their room.
In about fifteen minutes Deputy Marshal
Fassett reported that Vernon was sitting
up and would soon be all right The judge
said: II have good deal of doubt in my
mind in regard to the consequences of this
occurrence. This man has been drinking a
good deal. He is a hard drinker. During
the course of the trial on one occasion
had to take him aside and give him pretty
sharp admonition, and he promised to alb
stain, but 1 have observed that he has re-
sumed hard drinking, and I sup
pose confinement in the jury
room and cutting off of supplies
of that kind resulted in this attack. [
don't know what it s-delirium tremens or
mania potu, but he is not fit to be on
the jury now. I suppose the doctor will
give him prescription, and it will prob
ably be brandy or whisky"
The Crier-''He has given it to him"
Merrick-I suppose whatever the doctor
prescribes for the juror can be taken by
him"
The Court-'Undoubted but facts of
this kind are apt TO leave the mind in so
shattered condition as to create diff
Guilty."
The Deputy Marshal-He is all right
now, Judge"
Wylie-Then the jury can come back?
Ttn 111rI, i
"Your honor, the jury desires to ask
question. To most of us it seems a ques.
ton of fact, but we prefer to let Harrigan
speak for himself.
Judge Wylie-The court will hear his
question, and if it be a question of fact,
Will not undertake to pass upon it.
Juror Harrigan then arose and in con-
fused manner pnt a question to the court
Of an almost unintelligible character, which
seemed to relate to the date of certain Or
ders made by Brady to remove stumb-
ling block, which Brady said he found in
his way.
Judge Wyl1e-These are questions of
fact and not law, and it is not for the court
to instruct you in that connection. Now,
gentlemen, you have had sick member
of the jury with you, and disagreeable
accident happened this morning. He
seems to be in measure restored, and [
hope he will now be able to perform his
duties. don't propose to discharge this
jury very easily. This is the second time
the case has been tried. 1 don't wish to
put any undue stress on your minds, but
the court thinks you ought to agree ion a
verdict of some kind. You can retire
again.
The Foreman-Your honor, we have not
agreed on the question of conspiracy in the
case. If we should agree upon the guilt
of any one of the parties wish to know if
we can report to the court.
Judge Wylie-No, you must report the
verdict as a whole. According to my in
structions you can decide upon any point
in this indictment in any order or time,
but the verdict when reported must be
complete, verdict not based upon part of
the Indictment but upon the whole. There
are substantially but two questions in the
indictment: First as to conspiracy. On
that you have a right to say whether de-
PENDANTS or any of them were concerned in
that conspiracy. If you decide that there
was conspiracy with Rerdell you must say
who was engaged in it. But that
is not all. You must find at
least one overt act following.
If you find conspiracy and one overt act
1t is your duty to render a verdict as to
the parties so found, and that covers the
whole ground. You cannot say that you
find conspiracy and no overt act, or an
overt act and no conspiracy. verdict
of guilty must be general verdict. In
that way verdict of not guilty of course
covers the whole ground, and that is the
rule as to the whole or any number of the
defendants.
The foreman complained of the high
temperature of the jury room, and asked
to be permitted to walk in the city hall
park, to which request the court acceded,
saying he would treat the jury we'll at
present, but intimating that a resort
might be had to the common law rule, de-
privation of light and food if a verdict
were not soon forthcoming. The deputy
marshal was instructed to allow the Juror
Vernon two drinks per day, but to prevent
the circulation of the whisky bottle among
the jurors. and the court took recess until
10 O'Clock tomorrow, with the understand
ing that it Would meet to receive a verdict
If the jury should agree upon one before
that hour.
There has been speculation to. day as to
whether the mental condition of Juror
Vernon will afford a ground for success
fully contesting the validity of any YER
dict which the jury may render. The
counsel for the government do not think it
will. They hold the rule governing mis-
conduct on the part of jurors to be that I'M
less the misconduct is of such character
as to be prejudicial to the defendant or
complaining party it cannot be held to be
sufficient cause for setting aside the
verdict, and that drinking intoxicating
liquors by joror when it is not improp-
erly obtained and is not taken to excess is
also insufficient to vitiate verdict.
Merrick, the leading counsel for the gov
eminent, said tonight: ''The illness of Ju-
ror Vernon will have no effect whatever on
the verdict the jury may render"
Ingersoll, counsel for the defense, said:
''Vernon's illness would not affect the le-
gality of verdict, should there be one"
He said he thought the jurors illness was
one of an epileptic character and not
caused by excessive indulgence in strong