Savannah morning news. [volume] (Savannah) 1868-1887, 1886-11-25
WOTADE'SJU JURY A PUZZLE
xINEFOR ACQUITTALTO THREE
FOR CONVICTION.


Monday.
NEW YORK, Nov. ga few minutes
eftnr II O'Clock this morning Recorder
Smythe made his appearance in court,
and at 11:4O O'Clock the jury in the Nc
ouade case came into the room. Fore
man LYNN stated that they had not agreed
unon a verdict, adding, "We have re.
NAMED the same since II O'Clock Monday
night"
Recorder Smythe said he did not think
If was worth while to keep the jury
longer, and asked District Attorney Mar
tine for his opinion.
Mr.. MARITIME thought if the status of
the Jury had remained unchanged since
p 2o'clock Monday night they had better
be discharged.
Recorder Smythe thereupon discharged
the jury.
District Attorney MARITIME then ad-
dressed the court. He felt that he had
performed his whole duty in this matter
and that his assistants had worked man
fully. They had presented the full case,
and be was at loss to understand how
this jury, or any jury, could fail to agree
upon some verdict. He felt that the re-
suit of this trial was a public calamity,
and that the case should be called for
speedy retrial. He therefore moved for
new trial on Monday, Nov. %.
Mr.. Newcombe thought he needed more
time TO prepare for new trial.
The Recorder thought the lawyers had
had ample preparations, and he therefore
granted the motion for new trial TO be-
gin Monday, Nov. 80, at II O'Clock III the
morning.
A SURPRISE.
The temperance of the jurors was the
signal for a grand rush OF reporters and
citizens, all eager to ascertain how far
the jury disagreed and who were the OBJ
stinate ones. To the general surprise of
those who had closely watched the trial
they learned that the first ballot had
stood nine for acquIttal and three for
conviction. There were only three bal
lots after the one on Tuesday morning
and another last night at O'Clock, after
which came the report 10 the court and
after that the tired and ugly jurors be-
slowed themselves in the most comforta-
bic manner possible on chairs, stiff
backed couch and the table and floor OF
the jury room and essayed to sleep.
NOT GLEEFUL.
They were not good natured this morn
Ing, and on taking another ballot they
found that they stood exactly as they
had on all other ballots, nine for acquittal
4 and three for conviction. This was their
report to the court, resulting in
4 their discharge. The three who
4 held out for conviction, were Messrs.
4 Loundbury, DOugherty and Fry, all of
whom are commercial men. The scene
about the court house was one of excite
4 ment, and the reception of the announce
ment OF the status Of the jury was any
thlng but f1atterIng to the nine who could
not see conviction in the evidence.
PUBLIC OPINION.
The general expression had been since
The close of the evidence that the only
nope for McQuade was that the sympa-
thles OF some juror had been worked on
by Mr.. Newcombe's plea for his wife and
children, or that some juror, disgusted
and distrustful of informers Fullgraff
and Duffy, had entirely disregarded their
evidence, or that some juror, hopeful that
nls act would produce recompense, would
disregard his oath and vote without re-
gard TO the evidence. In short, everyone
outside OF the jury box had convicted the
accused.
SUPPOSED oBsTINACY.
80 great was the belief that a iurv ia.
.orsOle 10 conviction had been 'hungo
uy one obstinate man that the hunt in
sututed Tor that man had fixed upon Nu-
gent, and he had been the subject of exc
CIaIlon as 1.-THE obstinate juror for "a
nours' therefore, when 1t was stated
.nat the white-haired old gentle
Lndh mad eight companions
sharers in his belief in the
innocence of the prisoner, the statement
WA WAS at once taken to be a good Joke.
"Aen It was insisted on the inquirer
Invariably grew wrathy and left his sup
4 poseu lnlslniormant to ask Others But |
sue reply was always the same, and the
nalnes OF the three who had voted with |
Nc people We're named as above.
POPULAR JUSTIFICATION.
Ieopie marVeled and went away to dis |
Vuss the mutabllities OF the course OF a |
ease IN the hands of an American iurv. |
ine jurors did not pause long to answer
.ne Inquiries OF their fellow citizens, but |
speedily as they could they got their |
@'e anu oVercOats, threaded their way !
uIough the crowds in the corridors and |
.gok their several ways to their homes for |
WeeK. =" nO4e
70 The Tombs.
MQUADE's ELATIoN.
rsai sIieQuade was quite elated when the |
L. STATUS OF nis case was announced |
~ ealu Jhat at one time there was a |
f,Vpositen by Messrs. Dougherty and
Nr '4lSsDufy 10 come over to the majority IL
1,s' r iy would agree. But the latter re-
M " ne mus gets the name of hanging
bo.. jury The story Is not confirmed,
ni.t,eI' oy any OF the jury. When
.@1Iltt Attorney MARITIME moved for
i6s uI ~, calling OF new trial it was in
mo- 'ilel tnat the Jury WAS nearly unani-
da,t, ", vi conviction. With this view, no
WaumPt recorder Smythe refused 10 admit
ca.SS SIaue 10 oail. The true state of the
beoe oecams known before McQuade had
onaa leHlsnded to the Tombs. When Nc
gae,o eGe was taken from the court room he
lor 'taAeh 10 the District Attorneys office
auuch, While Messrs. Cracy and
wri, gtoe took steps toward obtaining a
kasoS uaoeas corpus TO get McQuade re-
In I'm VA Oail pending Mondays trial.
iry,,,ne ,ue AFTERNOON Recorder Smythe heard
inaii" Az. aus on lle motion TO Tx bail. bus
gas +, ueuied Tue motion, and McQuade
lwat, y' s.h 'Aeh To the T0mbs and locked up TO
"s 'rlal on Monday next.
-. TAXATION or THE ROAD.
|srin'aO iue corporation Counsel has given an
Nj Tay'eat at the request OF tho Department
nvs tea, ana Assessments In which he
C6mns,',,t the Broadway Surface Railroad
tglsisaay must be- considered as not In
l,rsor.,e' Therefore 10 could have no
i held ~ property. Whatever property
|ttariV - Tue receiver can be agsesgpd bv