New-York tribune., 1886-01-29
TEN TO TWO FOR CONVECTION
HowTHE JURY THAT TRIED sHALER STOOD
ONE MAN WHO WOULD NOT BE CONVINCED DIS.
CHARGED AETER TMENIY-ONE MOuEs

Smith Judge Barrett In the Court OF oyer and
Terminer yesterday. He was the smartlooking young
foreman of the jury to whom had been intrusted tho
responsible task OF deciding on the evidence offered
whether General Shaor had guilty of accepting
bribe, an offence which would send him to the State
prison II O'clock In the afternoon, and that was
the second during the day that he had made that
incsvo little speech to Judge Barrett Tho jury had
then fifteen hours, and for fifteen hours Gem
eral Shaler had endured the agony Of suspense But
II he had shared the expectation confidently expressed
by his lawyer, Colonel Bliss, in summing up fof
the Defence that the jury would promptly vindcae his
character he allowed shadow OF disappointment to
his features. hundred curious spectators
searched his face and could help feeling OF admira-
ton for the even sefcOntrol displayed By the man.
whatever mi ght be their views guilt or innocence
And when jury discharged and 1t leaked out
almost Immediately that they had stood ten 10 two for
conviction still the General showed no signs Of weaken
ing. He looked imperturbabe tue Sphinx. and
with head and solderly stride walked out Of the
courtroom with Deputy Sheriff McGonisa at his heels,
indicating that he still In the custody OF the law.
When tho opened it was quickly filled with
spectators variOusy Influenced by motives OF friend
ship curiosity but all nerV0usly anxious
to witness the closing scene In the trial.
The policemen aud court officers stationed at
the door, however. prevented oyercrowding. Gen
eral Shaer entered the courtroom few minutes
after IL. With him his sons-n-law, William G.
shaler Carl Jussen II he had passed sIeepless
night there nothing beyond the careworn express
sion hauitua him show it. Judge Giderseeve ar
rived few minutes later and exchanged warm greet
ing with General shaler Then his council dropped in,
displaying decidedly nervousness than did their
client; oil except william F. Howe, whose heavy aud
ford features do easily take expression OF
anxiety. Ehu Roots face was flushed aud Colonel
Bliss occasionally toyed petulantly with his mastache.
Edward Mitchell, by his presence, sgain attested
his stauch friendship for the man on trial. DIE
c,I
Nlco dropped In and engaged in conversation with the
lawyers on the other side just amably as II they
had never taken opposite sides in legal combat.
Abe" Hummel, Mr.. Howe's diminutive partner, took
seat next General shaler. Apparently his eonyersa-
ton was OF cheerful character, perhaps concerning
some fatal defects" in the Indictment, for General
shaler looked interested stopped tho little lawyer
and put one arm around him. Such adisplay Of Intimacy
excited some comment. in the absence OF anything else
TO talk about. Among the early arrivals were also en
Mayor EdsOns brotherin-law, Colonel +. T. Wood, Dr.
Cyrus Edson Charles p Miller and General Horatio u
King.
Judge Barrett took his seat the bench few
minutes before the half hour and soon the tramp Oh
the approaching jurors heard Instantly the hTk
NJ versation ceased IL seemed that the suspense
which all interested in the trial felt was about to be
ended General shaer the only man In the COURT
room who showed quckening of interest Some OF
the Jurors had look about the eyes, but ON the
.whoe showed few signs Of having been locked up all
niyht with no other convenences for sleeping than
benches chairs without cushions Afforded But cod
water additions and good breakfast had evidently re-
freshed them considerably When the ro-caH lad Deen
answered there was a moments pause and then came
the question
"What ia your veriict"
The stiffness tnat regned in the courtroom In
tense c. smith Lee the foreman or the jury rOse and
in penetrating tones replied:
..Your Honor, the jury lind ii impossible to agree"
Do you desire any instructions from the Court on
points OF law or otherwise I" replied Judge Barrett
Your Honor" replied Ir. Lee, the jury appeared tc
know the evidence by heart and your charge was 10
membered aud correctly repeated but there are pous
OF erence hst be settled Tho thing has been
discussed not counting hours OF sleep twelve hours ana
a half" . - -.
tested sincerity Of the speakers conviction that no
agreement could be reached. ,-,,, -,
Barrett that you should nave nee Kept 80
have duty TO perform here Of very serious character
Considering the mpOranee OF the case ana tue serious
little further reflection and attention 10 this case
exDresn Of 9oy@4s on tRa f%ees of
most OF the Jurors But the German tooacconist Henry
d t1ce Eyideatly he had some pan relief
"Your Honor he said in German English. :" servt
on goot many jures, und tinks l. am worm US 10
go out more. tnk If We were locked up tor SIX
months, don't tnk IL wOud change dOi party dohG
tink 1t would amount to anytnk 10 20 oat again ior
VI IT, smiled still more broadly with satisfaction at hay
Ing relieved himself Of his convictions but the smile
deserted his features entirely When InIse natreC. re-
piled The observation quite stlsles me Una, ougns
not todischargo you at present 1ou h'Ne uu1 VIZ
clear TO what my duty now is. AoH VIII Rihdiy
several jurors scowled upon the we;messnng min but
3iunurItES It rgrSonce "a "do party" seemed clear
iutimatlon to everybody ,sE$s rAe Jury ,.l .toca
TO l. But which way mnT T' IN these "s secGs
tOns except General shaler By some occult process ny
which the leaning "t opy Is one" il ,onn became the
common mion that the jury stood IL 10 ~ eoEe Oh nc
own conviction either ne broker Jem.,on' or tie
foreman, C. smith Lee But the latter surui'" tuEeu
ana an hour slipped by without ahy signs Oh helr return
mpatlencs the better OF the CURIOSITY OF INC peet
Shaer remained until quarter oi - Tue s'!e JeV oi
interest to those that fingered Bhi he paid no heed %
the nqusitivc eyes mat %er' iociS>'d npU @ nn , a
seemed occasionally to ne taking on hllHcrrlt SUBJECTS
with those about bin, But he remained StOiaIy sltnC
nnst Of thc tmr out for lut ch Win Drpnty
| sheriff McGOnIga who. when not cOnlceu 70 iP Io9w
General Shacr returned To the COURTROOM AT quarter
tn q Iudgc Barrett took his seat ave minutes it't "hu
% ~ % h. "o,c m. news r1rrad that the jury com
ing in again and the cOur,-rO1m filled up nn'dIAtey
The Jury were only few minutes b'hlhu lhe Juuse'
ie Rarrrtt aid that he ID sent for the jury IN re
spouse 10 a communication from theh stating tg1t tey
had again reviewed the evidence without any chSngs
IN me- differences of opinion that dvldei item. and that
nii discuss !on had ceased After this nobody vas sur
prsed Forenoon Lee a;aln stated thn, tnS jury o
Jury who seemed glad enough get away ...;.,
Elihu Rco; anticipating any motion from the olPoste
side was on mis- feet a moment ana Sald - II 9puI
UoUor nlease the defendant will he ga TO besn new
tr,nl m ms ca at the earliest possible date won
say that he is ready now II this were BOT "oo"' ~ Gnu
uf the term -, g., ,ho ,ou, trial
woulI ne A matter for consideration Oy the bI9tiVt.
Attorney General Sha er> counsel onetcu 10 re,er
h1il and the District Attorney consrht' "S.., ~ @
remainei in the Dls rictAtorneys office Tor an
hour while a sonn-lHw was hunting up hustaN
wnn had given bail for hi N previous To tne tit nc
- SIC.uJo the slSVptur's Nrle sho4n
tn before Judge Van Brunt, ana General HA"'i was
again at liberty. .,.,,o,s ,,r l,,,or,r nn,ler
40 400 bail with trial impending Tor ctdte ftsoh
rt,re with the record Of previous ttal on Whth lhe
& St,oI 10 to for conviction, bc brought against
Gin1 ia NOT a matter for congratulations. -,
When the first ballot was taken aier tle jury retneu
nm Wc'incsd,,y evening the result for conviction
and 3 for acquittal, Foreman Lee "bsla ning IRON
Voting ON the second ballot. when Lee voted the re-
sult vas 10 for conviction and Tor acqtal one IuS
man having changed his mind. Sneeeedng D'i,I nno