The semi-weekly miner., 1883-06-16

STAR ROUTE TRIAL.
A Drunken Juryman Falls in q
Fit-Judge Wylie Tells the
Jury What It Must Do.
The Whiskey Bottle Must Not
Be Passed Around.

WASHINGTON, June 13.-In obedi-
ence to the dir ection Of Judge Wylie,
the Star route jury came into court
at 1895 .. m. to receive instructions
on points of law. Before they were
seated juror Vernon, who was sick
during the night, fell on the floor in
q dit. He is now under the care of =
physician. The remaining jurors
returned to their room. In about Is
minutes Deputy Marshal Fasset re-
ported 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 occurrence.
This man has been drinking q good
deal. He is hard drinker. During
the progress Of the trial on one occa-
sion 1 had to take him aside and
give him pretty sharp adm0niti0n,
and he promised to abstain, but
have observed he has resumed hard
drinking, and I suppose the confine-
ment in tho jury room, and cutting
eff his supplies of that kind, resulted
in this attack. L don't know whether
it is deliriasns trcmaens or mania a
p0tu, bat he is not fit to be on the
jury now. I suppose the doctor will
give him prescription, and it will
probably be brandy or whiskey."
The cryer-"He has given it to
Merrick-I suppose whatever the
doctor prescribes for the juror can be
taken by him, your honor"
Undoubtedly, but a prescription of
this kind is apt to leave the mind in
so shattered condition Is to create
difficulty"
Deputy Marshal "He is all
right"
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 ques-
ton of fact, but we prefer to let Har-
rigan speak for himself"
Judge Wylie-''The court will hear
his question, and if it be a question
of fact we will not undertake to pass
upon it,"
Juror Harrigan then replied in a
manner, and put tho ques-
ton to the court in an almost unin-
telligible character, which seemed to
relate to the date Of certain orders
made by Brady and to the nature of
q stumbling block" which Brady
said he found in his way.
Judge Wylie-"These are questions
of fact and not law, and it is not for |
the court to instruct you in that con-
nection. Now, gentlemen, you
have had q sick member of the jury |
with you and q disagreeable accident,
happened this morning. He seems |
to be in measure rested and hope |
he will be able now to perform his
duties. I don't propose to discharge |
this jury very easily. This is the sec
ond time this case was tried. don't |
wish to put any undue stress upon
your minds, but the court thinks you
ought to agree upon a verdict of some
kind. You can retire again."
The foreman, "Your honor, we
have not agreed upon the question of
in the case. If we should
agree upon the guilt of any one of
The parties. I wish to know if we
can report to TIE court"
Judge Wylie, mo, you must report |
the 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 indict- |
ment but upon the whole. There are |
substantially but two questions in the |
first, as to the conspira-
cy, on that you have the right to say
whether the defendants or any of |
them were concerned with Reredell,
is that of conspiracy: If you decide
there was conspiracy with him, you
must say who was engaged in it, but
that is net all; you must find at least |
one overt act following if you find
and if one overt act, it is
your duty to render q verdict
as to 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 general verdict in that way. A
verdict of not guilty covers the whole
ground, and that is the rule as to the
whole array and number of defend
ants.
The foreman complained Of the
high temperature Of the jury room
and asked permission to walk to City
Hall Park, which request the court
acceded, saying he would treat the
jury we'll at present, but intimating
that resort might be had to common
law rule, deprivation OF light and
food if the verdict was not soon forth
coming The deputy marshal was in
to allow juryman Vernon
two drinks a day, but to prevent cirp|
lating of whiskey bottles among ju-
rOrs, and the court then took re-
cess until 10 a. m. tomorrow, with
the understanding thatit would meet |
to receive a verdict if the jury would
agree upon one before that hour.
Passenger Agents Meeting.
CHICAGO, June 12-Pursuant to a
o,lI IF fbo xy;oo nh q ivroon Nf tho mint |