The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-06-14
SuccsMbs and Threatens to Inde ilnitely
Delay the Proceedings.
Jadge Wylie Allows Him Two Drinks
aDay.
Deliberation Recommended
items That viii Cause q
Verdict Of Acquittal Not to be Re-
garded as q
Clap Of Thunder From a Clear Sky.
Star Route.

WAshiNdToN, June lS-ln obedience to
the direction Of Judge Wylie the star-routs
jury came into court at 1898. a. M, to re-
ceive 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 under the care Of physician. The
remaining jurors returned.
In about fifteen minutes Deputy Marshal
Fossett reported that Vernon was sitting
up and would soon be all right. Judge
Wylie said: II have good dea. OF DOUBT
IN my mind regarding the consequences OF
this occurrence. This man has been drink
Ing a good deal. He is q hard drinker.
During the progress OF the trial, on one
occasion had to take HIM aside and give
MIN pretty sharp admonition, and he
promised to abstain, but l have observed
he resumed hard drinking, and l sun.
pose confinement in the jury room
and the cutting oil OF supplies OF that kind
resulted in this attack. don't know
what II Is; delirium-tremens or mania
potu, but he is not fit for Jury service. /
suppose the doctor will give him a pre-
scription and 1t will probably be brandy or
whisky. The crier has given 1t to him."
Merrick-w suppose what the doctor
prescribes can be taken by him2"
The Court-"Undoubtedly, but attacks
shattered condition as to create diffi.
Guilty."
The Deputy -Marshal-"He is all right
now" S.s
,.Ig! Judge wylie-"Then the jury can come
said o'""o
Your honor, one of the Jury desires IN
ask question Of the court. Most Of I'M
N m ttNsa Soak
let Harrigan speak for himself" p'''e' "
The Jndge-"The court will hear HI.
question. It II be question Of fact II will I
not undertake to pass it.n
Juror Hsrrigan then rose and In CON-
fused manner put question to the comrt
OF an almost unintelliglble cLsraotsr
which seemed to relate to the date of car.
tain orders made by Brady and 10 The
nature Of the stumbling block which Brady
said he found In his way,
Judge Wylie-"This is question of f.o.
and not law and it's not for the conrt aa.e ~
interfere in question of this nature. Nov
gentlemen, you have had sick membs.
with you and adisagreeable accident han.
pened this morning. He seems to he In
measure recovered and hope he will be ana
perform his duties. I don't pronoss ~
discharge this jury very easily. This is the
second time this case has been tried and I
dons wish 70 put any undue stress upon
your minds'bus the court thinks you ought
can retire again." ~"
The foreman-"Your honor, we have not
agreed upon the question OF conspiracy
In case we should agree upon the guilt ~
any one OF the parties, wish to know IL No
can report to the court" "'
Judge Wylie-"No; you must report tho
verdict as a whole according to my instruc.
tions.. You can decide upon any point in
TINS Indictment In any order or time: but
the verdict when reported must be . com.
plete verdict, not based on a point of ths
indictment, but on the whole. There are
substantially but two questions in the in
dictment: First, as to conspiracy: nm that
you have the right to say whether the a.
PENDANTS or any OF them were Concerned
with Reredell in that conspiracy. If vou
decide there was conspiracy with him, Won
must :. say p who was engaged
IN II. But that Is not
ali-you must lind at least one overt aot
following. Ifyou find conspiracy and on"
overt act, 1t is your duty to render verdict
as to the parties so found and that covers
the whole ground. You cannot saw that
you find conspiracy and no overt acts or an
overt act and no conspiracy. A verdict ~
guilty must be general verdict i'm that
way. A verdict Of not guilty of conrse
covers the whole ground, and that is the
rule as to the whole or any number Of The
defendants. 'Ae
The foreman complained of the bivb tom
perature Of the jury room, and asked To o' hc
permitted to walk In the city hall park. 10
which request the court acceded. He savs
he would treat the jury well at present. hnt
intimated that resort might be had to III.
common law-deprivation of life and food"
II verdict were not forthcoming,
The deputy marshal was instructed to NJ.
low Juror Vernon two drinks per day, but
70 prevent the circulation Of the whisky
The court then took recess until n
m, tomorrow, with the understanding n
would meet to receive the verdict II the
Jury should agree upon one before that
hour. '""'
There has been some speculation TODAY
as to whether the mental condI-
tion Of Juror Vernon will Al.
ford ground for successfully contestinr
sneaoa sae validity o. any verdict the jury may
think It will, and hold the % rule
on the part Of jurors to be that unless iJSs mis-.
conduct is of such a Character =.
to be preiudicial TO the defendant
or complaining party, Il oannot
be held to be q sufficient cause for settinS
aside the verdict and drinking intoxicating
LIQUORS BY Juror when II Is not improperiS4
obtained and not taken to excess Is also IN.
sntticient to vitiate the verdict, Mer.
TICK @ said tonight: THE illness Of
yer, vernon Will not affect the verdict
not effect the legality Of the verdict
should there be one. 1t is thought Thc M
ness is OF an epieptic character and nnl
caused by excessive indulgence In strong