Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1883-06-14

receive instructions IN points of law.
Before being seated juror V.rnon--who
was taken sick during the night--fel!
on the floor In fit. He ia now under
the care OF q physician. The remain
ing jurors returned TO their room.
LATER-In abort - minutes the
Deputy Marshal rcpor It'd that Vernon
was sitting up and would soon be all
right. Judge Wylic said: 81 have
a good deal Of doubt n my
mind in regard TO the consequence
of this occurrence. THIS man has been
drinking good deal. He is a hard
drinker. During the progress of e
trial, OF Que occasion, | had tn take
him aside and give him pretty sharp
admoniii1n, and he promised to 3d.
stain; but l have observed that
he has resumed hard drinking, and
[ suppose that coGtn- NETT IN the
room and the cut ing of OF supplies of
that kind resulted III this attack. l
don't know what it is-!eliriusn trem,
ems or mani. potu, but he is u, fl Co
he on the jury now. | suppose tae
doct " will give him prescription, and
IL will probably bs brandy OF whisky"
The Crier-Ha has given it 10 him
Merrica-I suppose whatever the
doctor rrescribes for the juror can be
taken by him. your Honor?
judge WAlie-Undoubted'y; bat the
fact is prescriptions Of this k.ud are APP
t leave the mind IN g shattered conai-
tioa and may create difficulty.
The Deputy Marshsi-He Is all right,
your Honor.
Judge Wylie-Then the jury can
come back.
The jury came in. and Foreman
Crone said j: ''Iour Honor: Oac Of
the jury desires to ask que. ton OF the
Court. To most f us It seems ques-
lion of fac, but We prefer to lit Hsrri-
gan speak for himself"
Judge Wylie-The Court Will hear
bis question. and if it be quest on of
fact will not undertake to pass upon II.
Juror Hsrri.an tner, in a confused
manner, put question t, tho Court OF
au almost unint Eligible character.
which seemed to relate TO the date of
certain orders made by Bcady and to
,e nature of stumbling block which
Brady says he found in his way.
Judge Wyiie-Fhere ara questions Of
fact and not Of law. and it is no. for the
Court to instruct you in that connection.
Now, gen'I men, you have has sick
member of the jury with you aud "a .ii--
agreeable accident happened this morn.
iny; but be stems to be in a measure
re tered, aud l hope he viii be able
/ as ~. Ia Il
pose to discharge this jury very easily.
This is the second time this case has
been tried. l DONE wish to put any
undue stress upon your minds, hut the
Court thinks you ought t, agree on
verdict of sens kiad. iou can retire
again.
The Foreman---Tour Honor, we cave
not agreed upon the question OF con
spiracy. In case we should agree upon
the guilt Of any one of the parties,
wish to know if we can report to the
Cou't,
Judge Wyiie--No you must report
your verdict as whole, according to
my Instructions. You can decide
upon any point in this Indictment in
any order or time, bns the verdict when
report ID must be completes verilct,
net ha>ed upon a paa: Of the indie
aie t. but UPON the whole. There are
substantially but two questions in the
indie as t. conspiracy IN
that YOU have the right t" say whether
the defendants or any # them
were concerned with Rerdell III thst
conspiracy. II You decide that there
was a conspiracy with him, you mus
say who Was engaged Ia it. Bus inst
is not all. You must fad at lvast one
overt act fell wing. If you find con-
spiracy and one overt act, it is your
duty 10 render verdict as 10 the
parties SO found; and inst covers the
wholA ground. You cannot say
that you fonnd conspiracy and |
no overt act, or an overt act
and no conspiracy. A verdict of
guilty must be q general verdict in that
way. A verdict of IA. auilty of course
covers the whole ground. and that is a
rule So t. the whole or any number Of
the defendants.
The Court ordered Juror Verson two
drinks day, and took recess Until 10
A. NJ tomorrow.
Eull Butter.
KANSAS CITY, June l3.-Ln the
United States Circuit Court to-day JUS
sice Miller delivered an opinion in the
case argued two weeks
ago. The decision generally is averss
TO tho O'eomargarine Company. The