Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-11-25
THE JURY DISAGREES
THE MCQUADE JURY DISCHARGED AND
DATE FIXED FOR A NEW TRIAL.
E1-Adsrmsn Duffy Nay Be Tried For Perjury
Some Very Startling Discoveries Made by the
Investigation COmmittse-Why the
Jury Failed to Reach Verdict

ShO yhy SahAO ihhO bhO ioOhA' AOiShA@'A
Lynn stated that they had not agreed upon
verdict, adding: "We have remained the
same since IL o'clock on Monday night. "
Recorder Smyth said he did not think it
was worth while to keep thejury longer,
and asked District Attorney MARITIME for
his opinion. Mr.. MARITIME thought
if the status of the jury remained un-
changed since II o'clock Monday night
they had better be discharged. Recorder
Smyth 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 his assistants had worked manfully;
they had presented full case, and he was
at q loss to understand how the jury or
any jury could fail to agree upon some YER
diet. He felt that the result of this trial
was public calamity, and the case should
be called for q speedy retrial. He, there
fore, moved for new trial on Monday
next.
Mr.. NewcOmbe thought he needed more
time to prepare for new trial.
The Recorder thought that the lawyers
had had ample preparations, and he there
fore granted the motion for the new trial
to begin on Monday next at IL a. m. 1t
is stated that the jury stood to 3 in favor
of acquittal.
At the next trial Lawyer NewcOmbe
will present the sworn testimony of John
Kesnan, DeI4aey and others now in Cana
ia, contradicting the evidence Of Duffy
and Fulgraff. The testimony of the men
in Canada will be taken by n commission.
AFINE POINT
The admission Of Alderman Fullgruif
and Duffy in the trial OF McQuade that
they committed perjury in the testimony
before the Senate Investigating Commit
teg, has given rise to the question how far
they are entitled they are entitled to i'm
munity for becoming witnesses for the
State The general impression has pre-
vailed that while they were to be eXOner-
ated from all liability under the indict-
ments for bribery which were found
against them, they were liable TO be in
dicted sOr perjury. Duffy gave testi-
mOny before the cOmmitteee, while
the latter were in the postOffice build
ing. While the investigation was in pro-
greSs the members of the committee were
informed that they were holding sessions
ont of this State and within the territory
of the United States, rs the fee to the
land upon which the pOstOflice stands was
vested in the United states Government.
They also made the rather startling dis
coyery at the same time that for the same
reason witness before them who commit
ted perjury could not be indicted in this
State.
The committee Immediately adjourned
their session to the County Court House,
where they subsequently met. Fullgratf
was examined in the Court House, and
therefore will receive protection from the
State for becoming witness for the peO-
pie. Duffy, however, might be indicted
and tried in the United States Courts. 1t
was intimated to-day that the United
States Attorney would be asked to take
action against Duffy for perjury.
THE SQUEALER'S TESTIMONY IGNORED.
Mr.. Thomas n. Nugent, the juror i'll
the McQuade case, concerning whom
there has been so much talk, said after
dismissal: 81 WAS for acquittal from first
to last, | declined TO say how the jury
stood. was there after taking an oath to
act according to my opinions and proposed
to stand by my pledge regardless Ofpublic
opinion. We acted entirely on the Judges
charge. He said he would throw out the
testimoney of Fullgraff and Duify and nine
of us did so. Those men are unworthy Of
belief and We did not regard them at all.
McQuade NAV be guilty but he is not 40
on the evidence produced in court"
Foreman Lynn said: Heavens l have
heard enough about it. l will say abso-
lutely nothing"
Juror LOuuSbury said: 81 was for con-
victiOn. would have held out forever"
Juror DOugherty said: 81 do not care to
say anything about anybody else. |
think the evidence was sufficient to enable
any jury to pronounce him guilty, and
was for conviction"
Juror TimmOns is very sick man. He
said: I'VE took hundreds OF ballots. At
first they stood seven to five for acquittal.
Two men came over and for hours and
hours and ballot after ballot the tally
stood nine to three for acquittal."
Captain Lindsay, who had charge of the
Jury. says that four ballots had been taken
since midnight last night.
The three who held out for conviction
were Lounsbury, DOugherty and Fry, all
Of whom are commercial men.
How THE NEWS WAS RECEIVED
The scene about the brOwu-stOne Court
House this morning was one OF excitement,
and the reception of the announcement OF
the statues of the jury was anything but
ilattering to the nine who could not see
conviction in the evidence. The general
impression has been since the close of the
evidence that the only hope for McQuade
was that the sympathies fsOme juror had
been worked on by Mr.. Newcomb's plea
for his wife and children; or. that some
Juror, disguised and distruStful of the in
formers (Fullgraff and Duffy had entirely
disregarded their evidence; or, that some
Juror, hopeful that his act would produce
~ recompense, would disregard his oath
and vote without regard to the evidence.
In short every one outside of the jury box
had convicted the accused.
10 great WAS luc DtAlcl tIlAb INC july
favorable TO conviction, had been hung
by one obstinate man, that HINT inSti-
tuted for that man, had fixed upon Nu-
gent, and he had been the subject of exc
Grafton as the obstinate juror for twenty
four hours. Therefore, when it was stat
ed that the white haired old gentleman
had eight sharers in his belief in the
innocence of the prisoner, the statement
WAS at once taken to be good joke.
When it was insisted on. the inquirer
invariably grew wrathy and left his
supposed misinformant to ask others.
But the reply WAS always the same, and
the names of the three who voted with the
people were named rs above The people
marvelled and went away to discuss the
mutubilities OF the course Of the case in
the hands Of an American jury.
The Jurors did not pause long to answer
the inquiries of their fellOw-citizens, but
rs speedily rs they could they got their
overcoats, threaded their way through the
crowds in the corridors and took their sew