Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-06-14
THE JURY STILL OUT
No; Verdict Yet Reached in the star
Route Cases-A Very Serious Ques-
tiOn Raised
By the Sudden Sickness OF One Of the
Jurors Revenues
Washington Notes.

| WASHINGTON, June 13.-In obedience tt
| tie direction of Judge Wyiie, the Star-routs
| jury cams IN court at 1885 O'Clock 10 re
| GIVE instructions on points of law. Before
they were seated Juror Vernon, who was
sick during the night, fell on the hoor in q
| ht. He is now under the care of a ply
| sieian. The remaining jurors returned lc
| their room.
In about fifteen minutes Deputy Marsh al
FAsset reported that Yernou wac sitting up
| ard would soon be all right.
Judge Wylie said: nave good deal oi
| deubt III my mind N regard 10 the coBse.
quencss OF this ocrutrsnee. Tais man haC
been drinking good deal. He ia hsrd
| drinker. During the progress of the trial,
on one occasion, had TO take him aside and
give MIN preiiy sharp admouition, and he
promised TO abslsis, but / have observed he
has resumed hard drinking, and 1 suppos
confinement 10 the jury-room, aud cutting of
supplies Of that Kind, resulted in this at
tatk. / don't Eno~ what it is-deLiriun,
tremens or mania"
Porter-But he is not fl to be on a Jury
now. ] suppose the doctor will give him a
prescription, and il will probably be brandy
or whisky.
The Crier-He has given il to him.
MerricS-I suppose whatever the doctor
prescribes for the juror eau be taken by him.
The Court-Undoub but the fac is
an attack of this kind is apt 10 leave the
mind in such a shattered condition as to
create difficulty.
The Deputy -Marshal-He ia all right
now.
Judge Wylie-Then the jury can come
back.
When the jury came in, Foreman Crane
said: "Your honor, one of the jurors de-
sires 10 ask a question of The Court To
most OF US it seems question OF fact, bat
We prefer 10 let Horrigau speak for himself"
Judge Wyiie-The Court will hea his
question, and if il be question OF fact The
Court viii not uudertakv Par5 uPUu il.
Juror Horrigan then rose, and in con.
fused manner put question to the Court of
an almost uninteliigible character, which
seemed 10 relate TO the date Of certain orders
made by Brady, and to the nature OF a
stumbling block which Brady said ne found
iu his way.
Judge Wylie-Theae are questions of fact
and not law, and it is not tor the Court to
Instruct you in that connection. Now, ger
tlemeu, you have had a sick member Of ihe
jury with you, and dissgreeable accident
hsppened this morning. He seems to be in
a measure restored, and l hope he will be
able now to perform his duties. don't pro
pose TO discharge this jury very easily. This
is the second time this case he's been tried.
| don't wish to put any undue stress upon
your minds, but the Court thinks you oug hit
10 agree on a verdict of some kind. You
can retire again.
The Foremsn-Your bon1r, We are not
agreed upon the Question Of conspiracy IN
the Gaze. If we should agree on the guilt OF
any one of the parties | wish to know if we
can report 10 the court?
Judge Wylie-No, you must report the
verdict as whole According to my instruc-
tions, you can decide upon any point in
the indictment in any order or time, bu.
the verdict when reported must be a COM
plete verdict, not based upon part of the in
dictment, but upon the whole. There are
substantially but TWO questions in the indict-
ment-,he first IS TO conspiracy. On that
you have right TO say whether The defend
ants, or any OF them, were concerned with
Reerdell in that conspiracy. Ii you decide
that there was a conspiracy with him, yoH
must say who was ugaged in ii. But that is
not all-you must at least 6nd one overt act
following. II you find a conspiracy and one
overt act, it is your duty to render a verdict
as 30 iouud, and that covers the whole
ground. You cannot say that you fud con-
splracy and no overt act, or an overt act and
ne conspiracy. A verdict of guilty must be
a 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 complainsd of the high tenn
persture of the iury-room, and asked to be
permitted to walk in the City Hall Park, to
which request the Court acceded. He said
he would treat the jury we'll at present, but
intimaIiug that resort might be had 10 the
common law rule, deprivation of light and
food, ii a verdict were not soon forthcoming.
A deputy marshal was instructed to allow
Juror Vernon two drinks per day, but to pre-.
vent the circulation of whisky bottles among
the juror, and the court took recess until lG
o'clock a m. tomorrow, with the understand.
ing that il would meet TO receive the verdict,
if The jury should agree on one before that
| hour