The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-25
THE TRlAL-BY-JURY FARCE.
The Jury in the McQuade Case Fail to Agree,
Standing Nine for Acquittal

New York, Nov. ga few minutes after IL
o'clock Recorder Smyth made his appearance in
court. and at l1s4O the jury came into the room.
Foreman Lynn stated that they had not agreed
upon verdict. adding: 1--WE have remained the
same since II o'clock on Monday night" Re-
corder Smyth said he did not think it was worth
while to keep the jury longer, and asked District
Attorney MARITIME for his opinion Mr. MARITIME
thought If the status of the jury remained I'M
changed since IL o'clock Monday night they had
better be discharged Recorder Smyth there
upon 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 worked manfully. They
had presented full case and he was at a loss to
understand how the jury or any jury could fail
to agree upon some verdict. He felt that the re-
suit of this was public calamity, and the case
should be called for a speedy retrial. He, there
fore, moved for a 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 therefore granted the motion for the new
trial to begin on Monday next at IL A. NJ
The jury was permitted to pass ont of the
courtroom at 1l:45 A. NJ Their temperance
from the place of their recent confinement was
the signal for a grand rush of reporters and cit-
zens all eager to ascertain how far the jury dis
agreed and who were the obstinate ones. To
the general surprise OF those who had watched
the trial. they learned that the first ballot taken
at midnight Monday. had stood nine for acQu!t-
tai and three for conviction. There were only
three ballots after that, one on Tuesday morn
ing after breakfast. another last night at o'clock
after which came the report to the court. and
after that the tired and now ugly jurors be-
slowed themselves in the most comfortable man
ner possible the chairs. stiff backed bench.
table and floor of the ROOM and essayed to sleep.
They were not good -natured this morning. ard,
on taking another ballot, they found that they
stood exactly as they had on all other ballots.
This was their report TO the court, resulting in
their discharge. The three who held
nv. Dousherty and Frye, all of
whom are commercial men. The scene
about the brown-stone courthouse was ore of
excitement and the reception of the announce
meDt of the status of the jury was anything
hut f1atterng to the nine who could not con
viction in the evidence The general express
sion had been, since the closing of the evidence,
that the only hone for McQuade was that the
sympathies Of Rome iurymen had been worked
on by Mr.. Newcombe's plea for his wife and
children; or, that some Juror Disguised and
distrustful of the iuformers (Fulgraff and
Duffy) had entirely disregarded their evidence;
or. that some Juror. hopeful that hs act would
produce rec1mpense would disregard his oath
and vote WiCnOut regard 10 the evidence In
short, every one outside of the jury-box had
convicted the accused So great WAS the belief
that the jury, favorable to conviction, had
been hung by obstinate man, that hunt
instituted for that man had fixed upou
Nugent. and he had been the subject of execra-
ton the obstinate juror" for twenty four
hours. Therefore, when it was stated that the
white haired. decent old gentleman had eight
companions sharers in his belief in the inno-
cence of the defendant. the report was at
taken 10 be good joke When it insisted
upon, 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 men VINO had voted with the
people were named as above. The people marveled
and went away to discuss the muta bities of the
course of a case in the hands of an American
jury. The jurors did not pause long to answer
the inquiries of their fellow-citizens, but, as
speedily as they could, they got their hats and
orercoats, threaded their way through the
crowds in the corridors, and took their several
wavs to their homes. their first visit to their
families in whole week McQuade was re-
manded to the Tombs.
1t is rumored that the jury was tempered
with, but the authorities do not credit the
NOR.
Application for McQuade's release on bail
was denied, and he was committed to the Tombs
pending his retriai