Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1886-06-06
MAXWELL" GUILTY
Of Murder Ia the First Degree
The Verdict.
One Iufyman Holds Out Some
Length Of Time.
Maxwell Unnerved and Pale New
Trial Prospects.

Sr. LOUIS, June 5.-When the Jury In
the Maxwell care retired ls.t syenirg to
the jury room Martin 8. Barre EFT was oho-
sen foreman and David Schilds secretary.
Barnett was supposed by many to b The
one who favored the defense moro than any
other jsrcrs, and when thS nrst bsi'ot was
taken this belief was partially confirmed.
for he was among the three who did not
vote for conviction. A second ballot was
taken after some discussion which resulted
in bringing Barnett over for conviction.
and ten TO two for conviction was an.
nouuced as the vote. The succeeding bal.
lo,s up to the time for adjournment
were identical with the latter with no pros
poets for change. There are two knights
of Labor on the jury, and the fact tha. Mr..
Mcdonald, OF the prosecution, figured
prominently in the wire tapping scheme At
the time Of the Southwest railroad strike.
influenced many to think these two Knights
we're thereby prejudiced and would hold out
against the ten stubborn men, and thus
give the prisoner new trial.
ONE JuRYNAS HOLDS OUT.
When the Criminal Court convened at
1915 o'clock this morning the deputy Who
bad gone earlier in the day to the Jury was
ready 10 make report He en,ersd the
room and held shor; whispered con VERSA
tron with Judge VsnWagoner, who imme-
distely called the next case on the docket.
Il became evident then that the jury were
not unanimous The first ballot taken this
morning showed tse fact that one more had
decided on conviction. The vote stood II
to |. As to who this oae man may be re.
port has much TO say. Some assert that
he is an escaped convict aud has been
known under al alias for seven yeArs.
Should this prove 10 be the fact he Of course
periured himself when he was examined as
TO eligibility 10 serve upon the jury. and
would necessitate new trial. An 60.
capped conv ct has no rightsss citizen. and
this would reader any verdict by jury Of
which he is member void. A complete
investigation OF this mans character is
now being made, and many think il will
confirm the runors about him. Maxwell
bears up wonderfully well under the strain
which be has been enduring for the past
three weeks aud this morning when tho
announcement was made that only ono
was holding out against conviction, the
hopeful expression upon his face diminish
ed but slightly.
THE VERDICT ANNOUNCED.
At about noon ihe jury proceeded 70
take another ballot, after having argued
with the obstinate member. The ballots
were collected aud were counted by the
foreman, who found that there was iu-
scribed upon each the word Guilty" A
deputy was summoned aud he was told
that tho jury had comm unicAtion to
make 10 the court. The sheriff took the
twelve men in charge and filed them 10
their seats, where they remained stsudipg
while the foreman read from a alp OF pa
per, I'VE, the Jury, find the prisoner gull
~ Of murder IN the frat degree, - set
forth in the indictment"
The prisoner 50, in his accustomed place
between bis attorneys and Rs the noon hour
approached aud no com municstion from
the jury had csme, his hopeiulnss beemed
10 increase. fer he knew that the longer
the jury should hang. 90 much grsntsr
were bis chances TO- . nes trial When
the announcement was made. however.
that the jury wished TO report. he turned
nervously in his chair TO scan their coun.
tebances. lie found no sign Of encourage
ment there, and when the verdict was read
his iaoe blanched, and his eyes sougb. tho
foor, where they remained fixed. Tho
Jury were polled. and each A,sentsd to the
verdict after which the Judge dismissed
them. The prisoner vas taken 10 bis cell.
where be will await the result Of . motion
for new trial, which will be made on the
grounds Of incompetency OF the prosecu-
uon's witnesses and errors in the Judges'
10 the inry.