National Republican. (Washington City (D.C.)) 1872-1888, 1885-02-21
A VERDICT OF AcoUITTAL.

The jury Find Messrs. Dempsey and
Kirkvzood Not GuiIty-Judge wiley
Charaeterizes Their Action rs Out
rageous What n Juror Says.
The trial Of VIM. IL. Dempsey and Ed
ward C.. Kirkwood, charged with pre-
senting false vouchers to the navy de-
partment, reached the jury in the crimi-
nal court yesterday, at 2;4o p. IN. When
the court opened District Attorney
Worthington resumed his summing up OF
tho case, and closed his argument at 1890
u. m, A short recess was taken, and then
Mr. Wilson, on behalf OF the defendants,
submitted number Of propositions Of
law, asking the court to so instruct
the Jury. The judge was ono hour and
thirty.hve minutes in delivering his
charge TO the Jury, and they retired at
1906 o'clock. At 4 o'clock the judge sent
10 tho room to know IL they had agreed,
and the answer was returned that there
was no prospect Of their agreeing. The
judge returned word that he would come
back to the court house any time before
10 o'clock If they reached verdict, ana
then left for homo.
1t was near O'Clock when word came
down stairs from the jury room that
THE JURY HAD AGREED,
aud q messenger was dispatched to in
form the Judge. In the meantime the
counsel had beon notified, and as the
word passed around persons came into
the court room. Tho counsel for the de-
PENDANT, and Mr.. Dempsey, being only
across the street, were among the first to
arrive, but IL WINS after o o'clock before
the Judge came. While waiting for his
coming those gathered in tho chamber,
probably thirty in all, talked about the
case and expressed their opinion as to
what the verdict would be,
majority lnclininR to the belief that
there had been conviction. Mr..
Dempsey and Mr. Kirkwood, who
had not been absent from the court
house, as he is held in custody in those
cases in which no has been found guilty,
were sitting with friends about them.
Mr.. Dempsey showed considerable nerv.
business and his uncertainty as to the
result made IL manifest that he was UNI
der considerable Of q mental strain, whilo
his co-defeudant was by all odds much
more cool and collected.
When the judge came on the bonch and
tho jury had taken their places in the
box tho usual roll call was gone through
with after which the clerk inquired If
they had agreed upon n verdict and the
foreman replied, .We have" At this
point there was an oppressive silence and
every body was attentive. How say you,
are the defendants guilty or not guilty?'
was then asked.
mot GUILTY." REPLIED THE FOREMAN.
The words were not spoken in very
loud tone, but they reached Mr.. Demp-
sey, aud the strain he was under gave
way. He cried aloud several times, aud
then putting his head down on tho table
wept Some of his friends attempted to
auiet him, but it took few minutes for
manhood to assert itself Not so much
attention was given TO him, however, as
to the court. After the verdict was ro-
ceiyed it was evident that the nature of
it completely surprised the judge, who
expressed himself in strong terms and
showed considerable feeling. He told
the jurors that
THEIR CONDUCT WAS OUTRAGEOUS,
that he did not want anything more to
do with them, and ordered that they be
discharged for the term. Some Of them
seemed considerably astonished at the
censure they received, but nothing was
said and the court was adjourned until
Tuesday next.
IT is UNDERSTOOD
that when the jury took their nrst ballot
it stood ten for acquittal and two for con-
yiction. After that there was not another
vote taken for some time, and, there being
six indictments to consider and act upon,
they proceeded to dissect them and try
and reach an understanding. This took
considerable time, aud when the judge
sent to tho room at o'clock they were
thus engaged, and returned an answer
that they had not agreed. 1twas not long
afterward, however, before the indict-
ments were acted upon separately, and
when, at 5 o'clock, the request was made
for the Judge to be notified nearly every
indictment had been voted upon and O
decision reached.
ONE OF THE JURORS
in conversation with REPUBLICAN re-
porter, stated last night that they had
little trouble in coming to verdict, and
SO soon as they talked the matter over
among themselves for a short time they
were decided as to what they ought to do
and that their verdict should bea acIuit
tai. He said, II acted as believe was right
and my conscience does not trouble me
If the verdict does not please the Judge
am sorry, but cannot help it. We are
responsible for it. 1t is a serious thing
to send q man to the penitentiary, and
don't want any doubts about case
where | am called upon to pass upon the
question OF mans guilt or innocence
1t was plain that the verdict did not suit
the Judge, still hardly think we needed
the dressing down which We received"