The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-14
The Presiden at Work on the Revenue
District Consolidation.
The Hill Neutrality-suspicious. SeawOrthy Ves-
sci in Our Navy-Uncle Sans Income
for the Present Year.
THE srAR-RoUTE TRIAL.
A Juror Overcome by Whisky-Instructiont
Asked.

eight; for acquittal, four.
In obedience to the directions of Judge
Wylie, the jury came into court at 1875 this
morning to receive instructions on points of
law. Before being seated Juror Vernon.
who was sick during the night, fell on the
floor in a fit. He is now under the care of a
doctor 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 Judge Wylie
said:
II have a good deal of doubt in my mind
in regard to the consequences of this occur
renee. This man has been drinking a good
deal. He is hard drinker. During the prog
ress of the trial, on one OCCASION l had to
take him aside and give him a pretty sharp
admonition, and he promised to abstain; but
have observed that he has resumed hard
drinking, and l suppose confinement in the
jury room and the cutting off of supplies of
that kind resulted in this attack. l don't
know what it is, delirium tremens or mania
a-potu. but he is not fit to be on the Jury
now. 1 suppose the doctor will give him
prescription and it will probably be brandy
or whisky"
The crier-He has given it to him.
Mr.. Merrick-I suppose that whatever the
doctor prescribes for the juror can be taken
by him.
The Court-Undoubte but experiences
of this kind are apt to leave the mind in so
shattered a condition as to create difficulty.
A deputy marshall-He is all right now
Judge Wylie-Then the jury can come
back.
The Jury came in and Foreman Crane said.
Your Honor one of the jury desires to ask
a question of the court. To most of us it
seems question of fact but we prefer to let
Harrigan speak for himself"
Judge Wylie-The court will hear his
question, and if it be question of fact will
not undertake to pass upon it.
Juror Harrigan then rose, and, in a con-
fused manner, put question to the court of
an almost unintelligible character, which
seemed to relate to the date of certain orders
made by Brady, and as to the nature of the
stumbling block" which Brady said 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, gen.
tlemen, you have had a sick mem
Der of the jury with you, and
a disagreeable accident happened this
morning. He seems to be in measure re-
stored, and hope he will be able to perform
his duties now. l do not propose to dis
charge this jury very easily. This is the Sec
ond time this case has been tried do not
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.
The foreman-Your Honor, we have not
agreed upon 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 it 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
N indiRfnnnf in arau nr1o -, DIT
the verdict, when reported must be a COM
plete verdict, not based upon part of the
indictment but upon the whole. There are
substantially but two questions in the in
dictment. First as to conspiracy. On that
you have the right to say whether the de-
PENDANTS, or any of them, were concerned
with Herdell in that conspiracy. If you de-
eide that there was conspiracy with him
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, it is your duty
to render verdict as to the parties so found
and that covers the whole ground. You can
not say that you find conspiracy and no overt
act, or an overt act and no conspiracy. A
verdict of guilty must be a general verdict in
that way A verdict of not guilty, of course
covers the whole ground, and that is the rule
as to the whole or any number OF the de-
PENDANTS"
The foreman complained of the high tenn
perature af 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 well at present but in
timating that resort might be had to the
common-law ule-deprivation of light and
food-if a verdict was not soon Forthcoming.
The deputy was instructed to allow Juror
Vernon two drinks per day, but to prevent
the circulation of the whisky bottle among
the jurors, and the court took a recess to 10
A. NJ. tomorrow, with the understanding
that it would meet TO receive the verdict of
the jury, should it agree upon one before
that hour.
Juror Vernon's Sickness Will Not Affect
the Verdict.
WASHINGTON June 13.-There has been
some speculation to-day as to whether the
mental condition of Juror Vernon will af-
ford ground for successfully contesting the
validity of any verdict which the jury may
render Counsel for the government do not
think it will. They hold that the rule
governing cases of misconduct on the part of
jurors to be that unless the misconduct is of
such character as to be prejudical to the
defendant or the com niaining marty IL can-