Evening star., 1886-11-24
I'd EDITION.
--latest qblegrans to The Star.
They Are DischarEesl-A New Trial to
Begin ON Monday Next.

NEW YORK, Nov. 24.-A few minutes after IL
O'clock Recorder Smythe made his appearance
in court. and mt 11:iO the jury in the McQuade
case came into the room. Foreman Lynn stated
That they had not agreed upon verdict, add.
ing, "We have remained The same since II
o'clock on Monday night" Recorder Smythe
SAID he did not think it, was Worth while 70 Keep
the jury longer, and asked District Attorney
MARITIME for his opinion. Mr.. MARITIME thought
since IL o'clock Monday hight they had better
be discharged. Recorder Smythe thereupOn
discharged the Jury.
District Attorney MARITIME then addressed the
court. He felt that he had performed his whole
duty in this matter, and his assistants had
VNa worked mantully. They had presented full full
case and he was at a loss to understand how
some verdict. He fslt that that the the resait s. Of This
,riai h WAS was public calamity. and the case should
moved for new trial on Monday next.
Mr. Newconbe thought he needed more time
The recorder thought that the lawyers had
nad ample preparations, and he therefore
granted the motion for the new trial to begin
THE JURY STOOD TO 3 FOR ACQUITTAL.
tne reappearance Of The jurors from the place
OF their recent confinement was the signal tor a
rush of reporters and citizens all eager to ascer
@ho 1e he G tas osst6a,s sy onss f.
general surprise OF those who had closely
ballot, taken al midnight Monday. had stood
TO ior acquittal and for conviction.
dHefe were only three ballots aIter that.
One on Iuesday morning, after breakfast;
ahotner last night at o'clOck after which came
Ine report to the court and after that the tired
ana now ugly jurors betowed themselves
In the most comfortable manner possible
on The chairs, stiff-backed bench, table and
moor OF the jury room and essayed to sleep.
Iney We're not good natured this morning, and
on taxing another ballot they found that they
stood exactly as they had on all other ballots
h1ne me; ior acquittal and three for conviction:
inns was their report to the court, resulting
In lheir discharge. The three who held out for
conVlctlon were LOunsbury, Dougherty and
fry, all OF whom are commercial men.
SURPRISE AT THE WAY THE JURY STOOD.
Inc scene about the brown stone court mouse
was one of excitement, and the reception of the
status OF the jury was anything but but Halter
Ing to the nine who could not see conviction in
the evidence.
The general expression.had been, since the
ciose OF the evidence, that the only hope for
Juror had been worked on by Mr.. Newcombe s
plea for his wife and children; or that some
juror, disgusted and distrustful of the in
formers Fnllgraf and Duffy, had entirely dis
regarded their evidence, or that some
juror hopeful that his act would pro-
uuse recompense, would disregard his
oath and vote without regard to the evidence.
convicted the accused. So great was the belief
that the jury, favorable to conviction, had
Peen "hung" by one obstinate man, that q hunt
Instituted for that man had fixed upon
Nugent, and he had been the subject Of execra-
tion as the obstinate juror" for twenty.four
hours. Therefore when it was stated that the
Whitc-haired, decent old gentleman had eight
companions, sharers in his belief in the inno-
cence OF the the prisoner, the statement was
taken to he iOEe- -@