The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-06-14
STILL STAYING OUT.
A vERY BADLY pEMoRALizED JURY.
The Star POuts JurOs are Stili HsssIus on to
TseAnIsAiItIss-Oss Ofths JsrOI Falls Faint
Iag frem the Absence or Ms Regular
Dram-Psealiar Order or The Court,

WASHINGTON, June 13.-In obedience Il
the direction Of Judge Wylie, the Sta
Route jury came in court At 1890 to receiv,
instructions on points Of law. Betort
seated, Juror Vernon, who was sick during
the night, foil on the floor in ct. He Il
now under the care Of physicians. The
remaining jurors returned to their room.
In about fifteen minutes Deputy Mar
shall FAssett reported that Vernon was
sitting up and would soon be all right
Judge Wylid said ~ have a good deal oil
doubt in my mind in regard to the conse.
quences Of this occurrence. This man has
been drinking good deal; he Is hard
drinker. Duliug the progress OF the trial
on one occasion had 10 take him aside
and give him pieltp sharp Gdmonition,
and he promised 10 abstain, but l have
observed he has resumed drinking, and
suppose the confinement in the jury room
and cutting of the supplies Of that kind
resulted in this attack. Idont know what
II lie, delirium :remens or mania potua, but
he is not I'll to be on the jury now. sup.
pose the doctor will give him prescription,
and it will probably be brandy or whisky"
HE COT IT.
The Crier-He has given It to him.
Mr.. Merriek-I suppose whatever the
doctor prescribes for juror can be taken
by him.
Court-Undoubtcdly, but facts OF this
kind are apt to leave the mind in 80 shat
tered u condition rs 10 create difficulty.
Deputy Marshal-He ia all right now.
Judge Wylie-Then the jury can come
back.
The jury then came.in.
The foreman: Your Honor, we have
not agreed on the question Of conspiracy.
In case we should Sgree on the guilt oiany
one OF the parties wish TO knew il We can
report 10 the CourI?
Judge Wyli.-Eo; you must report a
verdict as IL the whole According 10 my
instructions you can decide on any point
in this indictment in any order Or time
but the verdict, when reported, must be a
complete verdict, not based on part OF the
Indictment but on the whple.
THE TWO QUESTIONS.
There arc substantially but twoquestions
in the Indictment. First, as to the consrir.
acy. On that you had the right to say
whether the defendants or any Of them
were concerned with Rerdell in that cou.
spiracy with him, you must say who was
engaged in it--but that Is not all; you
must hnd OF least one overt act, It
is your duty 10 render verdict as to the
parties 80 found, and that GOV. IL the whole
ground. iou csnnot ray that you fad a
conspiracy and no overt act, or All overt
act and no conspiracy. A verdict OF guilty
must be the general verdict in that way. A
verdict OF not guilty Of course covers the
whole ground, and that is rule as 10 the
whole or any number Of deendauts.
The foreman cnmp!ain,d Of the high
temperature Of the lrry ROOM, and asked to
be permitted TO walk In the City llall Park,
to which req rest the Court acclted, saying
he wonld treat the jury we'll at present, but
intimRtipg that t,rort might he had to
common law rule (deprivaiion Of light and
food) il verdict weru not soou iorihcoIn-
ing. The Deputy Marshal would he in.
s;ructed 70 sllOw Juror Vernon two driEks
per day, but to prevent the circulation OF
the wEisky bottle aniUrg the jdrOra. The
court took recess until 10 a N. To- morrow,
with the understanding that it would meet
TO receive the verdict il the jury should
agree upon one before that hour.