National Republican., 1883-06-14
The TWELVE IN TROUBLE.
They Havn't Yet Agreed on Verdict and One
Of Them Has Had Fit
II Wasn't Whisky But the Want OF it
That Upset Him.
Lawyers Generally Agree That tho Incident Will Not
Invalidate Verdict il One is Found
Scenes and Incidents About the Court
House Last Evening.


port of the jury in the star route trial. Mrs.
s. W. Dorsey and her sister, Mrs. Peck, were
also in attendance. Shortly after 10 o'clock
Judge Wylie directed tho court crier Dom
aldson, to go TO the jury and inquire If they
had agreed upon verdict. The crier de-
parted on his mission.
Mr.. Bliss stated TO the court that Juror
Vernon chad been unwell during the night,
but was now better.
Judge Wylie instructed the proper officers
TO care for Mr.. Vernon.
The crier soon returned and informed tho
court that the jury was not ready to report.
One Of the jurors, however, wished to come
into court.
Judge Wylie thereupon sent word to the
jury that If any one of them desired instruc-
tion upon points of law, ho was entitled to it,
and that the jury would be permitted to come
into court for that purpose. The message
was delivered and the crier answered for the
jury that the juror in question believed that
his difficulty arose from a question of law,
but that the foreman regarded it as question
of fact Judge Wyle then sent for the jury,
and in q few minutes they came into court
Before the foreman had reached his seat,
Juror Vernon, who presented n wild and dis
sive shouts, sprang into tho air, and fell upon
the fleor in fit A scene of confusion fol-
lowed; counsel hurried to the assistance of
the unfortunate juror, who had struck his head
heavily against chair in falling. and it was
some time before order was restored.
Judge Wylie bade the other jurors retire,
and placed Mr.. Vernon under the care of DR..
Sewers, who happened to be present. Judge
Wylio refused Mr.. Davidge's request for re-
cess until the result of the accident could be
learned.
In about fifteen minutes Deputy Marshal
Fassett reported that Mr.. Vernon was sitting
up, and would soon be all right.
Judge Wylie said have a good deal of
doubt in my mind in regard to the conse-
quences of this occurrence This man has
been drinking a good deal he is n hard
drinker. During the progress Of tho trial,
on one occasion, l had to take him aside and
give him pretty sharp admonition, and he
promised to abstain, but have observed that
he has resumed hard drinking, and l suppose
that the confinement in the jury room and
the cutting off of supplies of that kind re-
suited in this attack | don't know what 1t
is--delirium tremens or mania potu-but he
is not fit to be on the jury now. / suppose
that the doctor will give him prescription,
and 1t will probably be brandy or whisky.
The erier. He has given II to him.
Mr.. Merrlck. suppose whatever the doctor pre-.
scLibes for Juror can be taken by him
are apt to leave the mind I'm so shattered a con-
dition as to create difficulty. .,.
Judge Wylio. Then the jury eau come back.
At 1l:05 the jury Gang in. Foreman Crane
said "Your honor, one of the jury desires to
ask question of the court. To most of US it
seems to be a question of fact but we prefer to
let Mr.. Horrigan speak for himself"
Judge wye. The court will hear his question,
and ifit be "a question Of fact will not undertake
to pass upon It,
Juror Horrigan then roso and in confused
manner put question to the court of an al
most unintelligible character, which seemed
TO relate TO the dates of certain orders made
by Brady, and to the nature of the "stum-
bling block" which Brady said he found in
his way.
Judge Wylie Those are questions of fact and not
of law, aud II Is not for the court to instruct you
In that connection. Now, gentlemen, you have
had a sick member Of the Jury with you, aud a
disagreeabe accident happened this morning
He seems to be in n measure restored, and hope
he will be able now to perform his duties. don't
propose to discharge this Jury very easily This
is the second time this case has been tried. don't
wish to put any undue stress upon your minds
diet OF some kind You can retire again.
The foreman Your honor, we have not agreed
upon the question of conspiracy. In case we
should agree upon the guilt OF any one of the par
ties wish 10 know five can report 10 the court.
Judge Wylie. Mo- you must report the verdict
as whole.
The foreman Some of the jury think
The court. You have no night to say what they
think.
The foreman. My mind is in some doubt ON the
question of conspiracy.
The court, Tho crime is conspiracy followed by
an overt act
The foreman. Suppose we don't agree as to the
conspiracy, can we vote upon the question OF
guilt or Innocence of any tue paltics2
Judge Wyle. The court Will not Interfere with
the order ofyour proceedings. twill not attempt
10 direct you in your discussion.
Mr.. Davidge. understand that this is charge
of CDnspiraCy.
Mr. Merrck. And understand that the Jury
have right TO vote as they please.
Judge Wye. According TO my instructions you
can decide upon any point in this indictment IL
any order or time, but the verdict when reported
must be a complete verdict, not based upon par
ofthe indictment, but upon the whole. There /
great deal OF snTplusage as you have been told
There are substantially but two questions in tbs
indictment-iirst, us 10 the conspiracy On tha
you have a right to say whether the defendants o
any OF them were concerned with Rerdell in tina
Or whether there was conspiracy, interposeC
Mr.. IngersOll
The court Ifyou decide that there was a con
splracy with him you must say who was engaged
IN II. But that is not all; you must find at ieas
one overt act following. II you find Il conspirac!
and one overt act, IL Is your duty to render yer
dict To the parties so found, and that tn
whole ground. You cannot say that you find
conspiracy aud no overt act, or an overt act anC
10 conspiracy. verdict OF guilty must be a gen
eral verdict In that way. verdict of not guilty
OF course, covers the whole ground and that ]
the rule as to the whole or any number of defend
ants
The foreman complained of tho high tenn
perature of the jury room, and asked to b,
permitted to walk in the City Hall park, 4
which request the court acceded, saying tina
he would treat the jury well ut present bu
intimating that resort might be had TO tn
common law rule deprivation of light an,
food Of a verdict were not soon forthcoming
The deputy marshal was instructed To nj
low Juror Vernon two drinks per day, but l.
prevent the circulation of a whisky bottl
among the jurors, and the court took a re
cess until 10 a. IN. to-day, with the under
standing that 1t would meet to receive tn
verdict If the jury should agree upon one be
fore that hour.
THE EFFECT ON THE VERDICT.
Mr. Ker was asked what effect Vernon's Il
would have upon verdict, If one wa
rendered. He replied;
About the same effect as IL ho had had
headache or n cramp in the stomach"
Would tho fact that Vernon had beer
drinking during the trial have any effect OF
vertSctP
"None whatever If q verdict were rem
dered the burden of proof would be upon TIN
defendants to show that he was non compo
mentis at the time of the rendition of th
verdict. | have seen numbers of person
who had TO have a drink after going OH
jury, and have known it TO be ordered in
murder trial"
"What about the separation of the iury"
h"There was no separation Of the jury.
jury is never separated when all the member
of it are under tho charge Of court officers"
Mr., w. II. Dennis, professor of testamentar