New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-06-14
THE JURY ASKS FOR INSTRUCTION.
JUDGE wYLIE's COMMENTS on vERNoN's BEHAVIOR

| JUDGE WTLIES COMMENTS ON VERNONS BEHAVIOR
! WHAT HE SAID TO THE JURY.
| WASHINGTON, June 49, Mrs. s. w. Dorsey
and her sister, Mrs. Peck among persons pres
ersin the Criminal this morning Shortly after
10 o'clock Judge Wye directed the Court crer to go t
the star Route Jury aud ask verdict had been agreed
upon. Mr. Bliss stated the Court that Juror Vernon
had been unwe in the night Judge wylIe instructed
the proper officers for Mr. Vernon. The crIer
returned and Informed the Court jury was
ready to report One OF the jurors however wished
to come into court. Judge wye thereupon sent word
to the jury that II any OF desired instructions
upon points Of law he entitled TO t,
| ana that the ygry would be permitted
| TO into court for that purpose
TIE message delivered and the crer answered that
juror question believed that his difficulty arose
from question of law but that the foreman regarded 10
as question of fact Judge wylie then sent for the
jurymen, and In few minutes they came into court
Before the had reached the Vernon,
who presented wild and dsordered appearance uttered
several convuslve shouts sprang into the air and fell
upon the floor In fit of confusion followed.
Counsel hurried the assistance of Vernon, who had
struck his head heavily against chair in falling and it
some time before order was restored. Judge Wyie
ordered the other jurors retire, and placed Vernon
under the of Dr. Sower who happened TO be prez-
ent. Judge wyie refused Mr. Dayidge's request for
until the result Of the accident could be learned.
In about fifteen minutes deputy marshal reported that
Vernon sitting up and would soon be all right.
Judge wyie said Il have good deal OF dodbt In my
mind ia regard TO the consequences OF this occurrence
THIS man been drinking good deal; he is hard
ornker During the progress OF the trial occasion
had take him aside and give him pretty sharp adj
monition, and he promised to abstain; but have
that he has resumed hard drinking and sup
pose that the confinement In the jury room aud the
cutting of OF supplies Of that kind resulted in this
tack. I don't know wha. 1t is-delrium tremens or
mania potu-but he IL not at to be tie jury
suppose that the doctor Will give him prescription. and
II will probably be brandy or whiskey."
The crier-He has given it TO hm.
Mr. Merrick-I suppose whatever the doctor pre-
scribes for juror can be taken by him.
The Court" Undoubtedly. but facts Of this kind
apt tho mind in shattered condition TO
create a difficulty"
The Deputy Marshal" lie is all right now"
Judge wylie-'TLen The jury can come back"
AT 1905 the jury In. Foreman Crane said:
Your HONOR OF the jurors desires to ask question
Of tue Court. To OF it bs question of
fact but prefer 70 let Mr. Horrgan speak for him
self"
Judge wyle-The Court will hear his question and II
II be q question of fact viii not undertake 20 pass
Juror Horrlgan then rose and in a confused manner
nut question the Court OF almost uuintelligiblo
character which seemed TO relate the dates OF certain
ling block" which Brady saii he found IN bis way"
Judge Wye- Those are questions OF fact and not Of
have had sick member OF the jury with you and dis
agreeable accident happened the morning He seems
now perform his dute, don't propose to discharge
Sas 5eeS red don't wish to put any nsdse a' rsss
upon your minds, but the Court thinks you ought to
agree verdict OF some kind You retire GAIN"
The Foreinan-"Your Honor. we have not agreed upon
t1e question OF conspraey IA case we seouid agree
upon the guilt OF any one OF the parties wish to know
Judge wylie-"No you must report the verdict asa
The Foreman--"some the jury think -"
The Court-"You have 10 right 70 say what they
The Foremau-'My mind is in doubt ON the ques-
The Coart-"Th crime is conspiracy, followed by an
Tho Foreman Suppose we don't ayree as to the
nspracy. vote upon tho question OF guilt or i
noce9cs % q sny Of The the @ parties ~ ,..,. ,., 49,.
order Of your proceedings II will not attempt 10 direct
You yoar d ,scussion."
Mr.. Davldge-" understand that this is charge Of
Mr. Marrtck-" And understand that the jury have
Judge wyie-" According to my instruction.. you
decide upon point in this indictment "a any orie
verdict, not based upon part Of the indictment but
upon the whole There Is great dsa. Of suroinsage
ment First as TO the conspiracy. On thstyou have
right say whether the defendants o tlen
concerned with Rerdell In that eonspraey--'
Or whether there was conspiracy" interpoleted
Tue Court--If You decide that there was con-
,piracy with him. yov must say who was engaged IN It.
olowng II you ind conspiracy aud one overt act it
8 your duty TO render verdict ss 70 the parties 80
Ouhu, ahu shap co'eis thc "hVso ~" N"Nuss
ay that you ind conspiracy and NO cyest act or an
act aud conspiracy. veriie. OF gnilly must
general verdict IN that way verdict ot not guilty,
)f the whole ground and thnt Is tho rule
rs TO the whole any number OF defendants.
The foreman complained ef theshigh temperature Of
he jur and asked 10 be permitted 70 wax In the
city Hall park, which request the Court acosoed
ng that he would treat the jury well at present but In
iInang that resort might be had TO the comnoa.law
ule deprivation Of light and foodl II verdict
loon forthcomihk The Deputy Marshal was instructed
allow Juror Vernon two drinks day. bet 70 preyens
he circulation of a whiskey bottle sAong the iurorA
rho Court took recess until 10 q m. Tomorrow, with