St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-11-25
THE McQUADE CASE.
The Jury Unable to 4gree.-Nine for
Ac4uitt and Three for COnvic.


The jury Unable to igrees-Nine for
AcquiLtaI and Three for Convic.
ton.
New YORK. Nov. 24.-The McQuade
jury disagreed and have been discharged.
A few minutes after IL O'Clock Recorder
Smyth made his appearance in the court
room. and at 11:4O the jury came into the
room. Foreman Lyon stated that they had
not agreed upon a verdict, adding: "We
have remained the same since II o'clock on
Monday night" Recorder Smyth said he
did not think it was worth while to keep
the jury longer. and asked District Attor-
ney Martin for his opinion. Mr.. Martin
thought that if the status of the jury re-
NAMED unchanged since II o'clock Monday
night they had better be discharged. Re
corder Smyth thereupon discharged the
jury. District Attorney Martin then ad-
dressed the court. He felt that he had
performed his whole duty in this matter,
and his assistants had worked mantully.
They had presented a full case, and he
was at loss To understand how the jury
or any jury, could fail to agree upon some
verdict. He felt that the result of this
| trial
A PUBLIC CALAMITY,
and the case should be allowed a speedy
retrlal. He, therefore, moved for new
| trial on Monday next. Mr.. NewcOmbe
/ thought ne needed more time TO prepare for
a new trial. The recorder thought that the
] lawyers had had ample preparation. and he,
therefore. granted the motion for a new
trial. to begin on Monday next at II a. m.
The jury was permitted to pass cut of the
court room at 11:45. Their appearance
from the place OF their recent confinement
was the signal for grand rush of reporters
and citizens. all eager To ascertain how far
| the jury disagreed and who were the obSti-
nate ones. To the general surprise of those
who had closely watched the trial. they
learned that the first ballot taken at MD
night Monday. had stood at nine for ac-
oulttal and three for conviction. tt ere
were only three ballots after that-one on
Tuesday morning after breakfast. another
last night at9 o'clock-after which came
the report to the court. and after that the
tired and now agy jurors bestowed them
selves in the most comfortable manner pos
sible on the chairs, stiff-backed bench,
table and floor of the jury room and essdyed
to sleep. They
WE'RE NOT GOOD NATURED
this morning. and in taking another ballot
they found they stood exactly as they had
on all other ballots. This was their re-
port to the court, resulting in their dis
charge. The three who held out for con-
viction were LOunsbury, DOugherty and
Fry all of whom are commercial men. The
scene about the brown stone court house
was one OF excitement and the reception of
the announcement of the status of the jury
was anything but fattering one to the
nine who could not see conviction In the
evidence.
The general expression had been since
the close of the evidence that the only hope
Tor McQuade was that the sympathies of
some juror had been worked on by Mr..
Newcombe's plea for his wife and children;
or that some juror, disgusted and distrust-
ful of the informerS (Fullgraff and Duffy
had entirely disregarded their evidence: or
that some juror, hopeful that his act would
produce a recOmpenSe, would disregard his
oath and vote without regard to the evidence.
In short, everyone outside of. the jury box
had convicted the accused. So great was
the belief that jury favorable to convic-
ton had been ''hung''by the obstinate man.
that hunt instituted against that man had
FIXED UPON NUGENT,
and he had been the subject of execratior1
as the obstinate juror for twenty-four
hours. Therefore, when it was stated that
the white-haired, decent old gentleman
had eight companions, shaTerS in his belief
in the innocence of the prisoner, the state
ment was at once taken to be a good joke
When it was insisted upon, the inquirer in
yariably grew wrathy and left his supposed
misinformant TO ask others. But the reply
was always the same, and the names of the
three who had voted with the people were
named as above. The people marveled
and went away to discuss the mutabilities
of the case in the hands of an American
jury. The jurors did not pause long to
answer the inquiries of their fellow cit-
zens. but as speedily as they could get their
hats and Overcoats threaded their way
through the crowds in the corridors and
took their several ways to their homes,
their first visit to their families in whole
week. McQuade was remanded to the
Tombs. 1t is rumored that the jury was
tampered with. but the authorities do not
credit the rumor. Application for Nc
Quade's release on bail was denied. and he
was committed to the Tombs, pending his
re-trial.