The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-06-14
TELEGRAPHIC
The Star Route Case.

Washington, 12.-In obedience 10 the
direction of Judge Wylle the star
route jury came into court at 1890 a. m.
to receive instructions or the poi Is of
law Before they were seattd Juror
Vernon, who was sick during the night,
fell on the floor in fit. He Is now under
the care OF physicians, The remaining
iurors returned to their rooms. In about
fifteen minutes Deputy Marshal Passet
reported that Vernon was sitting up and
would soon be sll right. Judge Wylie
said, Il have a good deal OF doubt IN my
min in regard 10 the consequences of this
occurrence. This man has heen drink
ing good deal. He is hard drinkef,
During the progress of the trial On one
occasion l had to take him aside and give
him a pretty sharp admonition, and be
promised to abstain, but I have observed
that he has resumed hard drinking and |
suppose confinement in the jury rosm
and cutting of Of supplies of that kind
resulted in this attack. l don't know
what tt is. deiireum tTemeps or smonis
porter, but be is net fit to be on the jury
now. I suppose the doctor will give him
q prescription and il will probably be
brandy or whisky"
the cryer-"He has given it to him."
Merrick-"I suppose whatever the
doctor prescribes for the juror can be
taken by him?"
Undoubtedly, but the fact is prescrip-
lions of this kind are apt to leave the
mind in SO scattered O condition IS ~
create difficulty.
Deputy Msrsh4l-Ee is all right.
Judge WyIie-Then the jury can come
back.
Thejury came in and Foreman Crone
said-Your honor, one Of the jury de-
sire3 to ask question Of the C urt. To
most of Us it seems question OF fact but
we prefer TO let HaFrigan speak for him
self.
Judge WyIie-The court will hesr his
question, and if it be a question of fac.
will not undertake to pass upon it.
Juror Harrigsn then replied in con-
fused manner and put question to the
court of an Observation-Disclosures character
which seemed to relate to the date of
certain orders made by Brady and to the
nature of the stumbling block" which
Brady says he found in his way.
Judge Wylie-These are questions Of
fact and not of 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 dissgreesble accident hap
pened this morning. He seems
to be in q measure restored, and l
hope he will be able now to perform his
duties. I don't propose to discharge this
jury very easily. This is the second
time this case has been tried. I don't
wish to put any undue stress upon your
minds, but the court thinks you ought to
agree on verdict Of some kind. You
can retire again.
q The Foreman-Your honor, we have
not agreed upon the question of con-
spiracy. In case we should agree upon
the guilt of any one of the parties,I wish
to know if we can report to the court.
Judge Wylie-No; you must report
verdict as q whole, according to my
Instructions. 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-frst, as
to the conspiracy. On that you have
right to say whether the defendants or
any of them were concerned with Rerdell
In that conspiracy. If you decide that
there was conspiracy with. him, you
must say who was engaged in If, bat that
is not all. You must find at least one
overt act following. If you find
conspiracy, and one overt act
then il is your duty to render a verdict as
to the parties so folnt, ant that covers
the whole ground. You cannot gay shat
you find conspiracy and no overt act,
or an overt act and no conspiracy. a
verdict Of guilty or 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 to City Hall
Park, TO which request the court &C.
ceded, saying he would treat the jury
we'll at present, but intimatiDg that re-
sort might be had to common law rule,
deprivation Of light and food" If
verdict was not soon forthcoming. The
deputy ma-sbai was instructed 10 allow
Juror Vernon two drinks per day, but
to prevent the circulation of q whisky
bottle among tie jurors, and the court
took recess until 10 a IN, tomorrow,
with the understanding that it would
meet to receive the verdict IL the jury
should agree upon one before that hour.