Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-06-07
maxwell" GUILTY
OF Murder in the First Degree
The Verdict.
One Juryman Holds Out Some
Length of Time.
Maxwell UnnerVed and Pale New
Trial Prospects.

ST. LOUIS, June 5.-When the jury in
the Maxwell case retired last evening to
the Jury room Martin s. Barnett WAS chO-
sen foreman and David Schilds secretary.
Barnett was supposed by many to be the
one who favored the defense more than any
other Jurors, and when the first ballot was
taken this belief was partially confirmed
for he was among the three who did not
vote for conviction. A second ballot was
AIKEN after some discussion which resulted
Nr;ngiug Barnett over for conUcIonr
md ten % two for conviction was an
oounced a. the vote. The succeeding bal
.o,s M TO the time for adjournment
we're identical with the latter with no pros
meets for change. There are two knights
ii Laoor on the jury, and the fact that Mr.
Mcdonald, OF the prosecution, hgureS
prominently in the wire tapping scheme at
the lime of the SouthSest railroad strike,
influenced many to think these two knights
we're thereby Urejudiced and would hold out
against the ten stubborn men, aud thas
1--WE the prisoner q new trial.
ONE JURYNAg HOLDS OUT.
When the Criminal Court convened at
1915 o clock this morning the deputy who
mad gone earlier 10 the day to the jary was
adv 10 make a report. lie entered the
room and held short whispered converse
ION With Judge YanWsgoner, who lmme-
iis,ely called the next case on tie docket.
f. became evident then thst the Jury were
ont unanimous. The fl st ballot taken this
noyaiug showed the fact that one more had
Iecided on conviction. Inc vote stood IL
q l As to WHO this one man may be re-
oort mas much to cay. Sous assert that
~ issn escaped convct and MSS been
kpovcp uDder an alias for seven years
Should this prove 10 be the fact he oil course
nariured himself when he was examined as
o eligibility to serve upon the Jury ana
would necessitate 2 Dea trial. An es'
caped convict has no rights 90 c't'Lsn, ana
tbis would render any verdict by jury, OF
vb;eb he iss member void. A complete
investigation of this mans character Is
now being made, and many think 1t VIII
confirm the rumors about him. Msx"ei'
BEARS up wonderfully well under the strap
which he has been enduring for the pas
rbree weeks, and this morning when tue
announcement was made that only one
vas holding out against conviction, the
bopeful expression upon his face diminish.
ed but slightly,
THE VERDICT ANNOUNCED.
At about noon the jury proceeded TO
take another ballot, after bsViUg argued
with the obstinate member. The ballots
were collected and were counted by the
foreman, who found that there was III
scribed upon each the word Guilty. q
deputy was summoned aud he WAS told
that the Jury had q Communication to
make to the court. The sheriff tooS the
twelve men in charge and kled them TO
their seats, where they remained standing
while the foreman read from slip Of pa
Der, I'VE, the jury, find the prisoner gull
" of murder IN the 6rst degree, as get
forth in the indictment.
The prisoner sat in his accustomed place
between his attorneys and IS the noon hour
approached and no Communication from
the Jury had come, his hopetulness seemed
10 increase, for he knew that the longer
the Jury should hang, so much greater
were his chances foe q Lew trial Wher
the announcement was made, however
hat the Jury wished to report, be turned
uervously in his chair to scsn their coun
tsnances. He found no sign OF encourage
nent there, and when the verdict was resc
his face blanehed, and his eyes sought tne
floor, where they remained fixed. Th'
iury were polled. and eat b assented to TIT
verdict, after which the Judge dismissed
them. The prisoner was taken to bis cell
vbers he will await the result Of motor
for a new trial. which viii &c made on tn
grounds of incompetency OF the ProSecu
ions witnesses and errors in the Judges
instructions to the jury.