The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1884-04-24


ious Tactics Employed to Bring About n
Verdict of nslaughter--Foreman shaw
And Three others Placed in an UnenVI-
able Light.
CINcINSATI, o., April II.
The Grand Jury, composed of some OF
the best citizens, which is investigating
the late riot and the proceedings Of
the Berner Jury, has had the
statement Of Mcclure, one of the
jurors, to an Erening Post re-
porter made before witness laid before
them. Mcclure says: 81 am forty-three
years old, an Irishman; have been living
in Glendale since 'G5; have buried wife
and six children; have wife and three
children. / work as a hostler, gardener,
etc; worked seven years in Glendale;
have had much trouble in the past five
years. Three years ago lost my house,
valued at $1,000, by storm; have been
in poor health. was drawn, qualified
and served as a Juror in the Berner muir
der trial. After we retired to the jury
room ballot was Immediately suggested
by Foreman Shaw, who asked me and
the others to vote mot guilty. | did not
exactly understand him, when he said it
was merely to see how it would work.
Shaw, Harmeyer and callahan wrote or
number Of slips of paper anC
gave me one. Mine read mot guilty. /
don't know what was on the others.
voted it but drew It out and voted guilty
murder first degree / don't remember
what was the result. On the third ballot
think the vote stood eight guilty, four
for manslaughter. l asked Shaw IL that
was not for guilty. lie said no.
refused to vote any more
that Saturday night and we
retired. The others played cards for
money. Some whispered among them
selves. Harmeycr, Shaw, Phillips and
Gallagher stuck together aud seemed
trying to talk the others over. There
was no open debate, but continued
whispering before taking ballots. The
four men named wanted to vote Sunday
morning; rcfused wanting to think.
had slept near an open window through
which the escaping gas entered and had
a bad headache. On the next ballot things
were badly mixed. / voted first degree
Juror Merrill voted second degree. /
suggested that we all vote guilty and
make clean job of it. He stuck to the
second degree. Shaw tried to convince
me once that no jury had reached man
slaughter, but would not have II. We
sent once to ask the Judge II we could find
| him guilty and throw him on the mercy
of the Court. He answered yes, but Shaw
and three others said they did not
want it so and would not have IL. asked
to look at the confession. Shaw refused.
He was good taiker and soon talked the
other fellows out of their opinions.
stuck out to the last ballot. Before this
was cast Shaw and the others wrote fig
ure three over the word "first," so as to
make the ticket read, ''murder, third
degree" We voted them. They said
there was verdict of "manslaughter,' =
and rushed us out into court.
had q notion to write
to the Judge, but did not; was all alone,
as they were all strangers, ! did not
vote as | wanted to or should have voted
first degree. When / refused to yield to
Shaw's request, he told me it would
please the Judge and the people. The
four men stuck together from the first
Shaw, Harmeyer, Phillips and Dellahan
and others were forced into a man.
slaughter verdict against our wills.