New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-25
formed, If one man would have gwen In the Others
would have done So"


"Who IS that man 7"
II undentand that it is Juror Fry, who;
noticed s S% C during sSsi the he trial and could
ceal showing by his actions that ne was against
the accused" o
the Supreme Court and secured 9 writ OF haeeas
corpus, which was made returnable In the a1ter,
noon. Justice Van Brunt was however, engaeou
in the trial of and he could not hear the ar
gument before late hour; so the VIII was no'
served. =.
alton, went before the Recorder again and re.
pawed the application for McQuade's admission 70
bail. General Tracy produced an affidavit in which
McQuade said:
EIsL s~St and Gy rs;unS non ON the bsr Sith ac s 2.
SSs'%s't on a
s apsn %y
M Af as oss
Of my Counsel that from midnight 2d instant the ury
SSSf the 9C one %
Jury me the time Of their discharge Scs
ST Ssvo asssl''. Ssn during snf the
s'ss s%% % sSs
sIs HSs@ il
Attorney and could then have avoided the ITctGn s s Ds
s S the tcs cHus to
Sae A. SA to for my % %e S wa
mention further to 0yS your % G"Sr nS%
to epare my defence for the forthcoming trial
General Tracy urged these arguments. but the
Recorder adhered to his decision. The matter. ne
said was one wholly in the discretion of the Conrt
iu a case of felony, and he was unwliing 10 admit
the defendant to bail under the circnm stances
General Tracy SAID that the discretion had never
Rarely used, you mean,' said the Recorder
McOuaie was tai ken back to the Tombs Two or
three of his bondsmen were at hand reauy u ~ oh
ba ,ket of flowers reached McQuade from an
"admiler" bat McQuade thought the glft inappro-
pirate and sent it away concealed IN hat-Dox.
WHAT TOOK PLACE IN THE JURY-ROOM.
WHAT The VARIOUS BALLOTS sHowED-No CHANGE
AFTER THE FIRST NIGHT.
After the jurors had left the courtroom most OF 'hem
talked freely OF the hapI enngs In the lury-ro"m'
thorough canvass OF the Jury hows that while ther
little doubt IN the mind of OF the twelve that the
es-Alderman trial guilty of having accepted
brire for voting the Broa way franchise the n'ne
who acquitta believe that with Duhy ana Full
Crafts test nony thrown out there was not enough o'
dence guilt adduced to warrant them IN voting ior
conviction When oil the evdeuce was In AMI wnen the
counsel for both sides had summed up. the jurors.
almost to mau. say that they were disposed to bring
In verdict Of guilty. This sentiment However. was
reversed when Recorder Smyth made his charge. ana
when they finally sent out OF the courtroom 10
consider the there considerable doubt in the
minds of at least en Two, Messrs. Lynn aud Nugent
to ave been determined from the nrst 10 Vose ior
veriict Of Not Guilty"
The first ballot WAS taken minutes after the jury
had retired for de!berat0n Mon lay night and heore
the case had been discussed at all seven Voted lor
acoulttal and five for conviction Inquiry Shaved that
Joshua W. I.ouusbury, John Dougherty, Henry Fry
Henry Falk and MoriTz KtzInger had voted for con-
yicton and that John Lynn Isaac s. Solomon, Edward
]. Timmons, william Burck, Thomas A. Nugent james
IIylngston and jacob Lebkucnuer were IN favor OF
acauitt After supper, during which the evidence was
discussed second ballot was taken the result oeiuR
four for conviction, for aequtal ana one oanR
FAX was now In doubt and preferrei to cypress no
or inou More argument followed, IN which Lynn SPOKE
warmly for the of the majority and Lounsoury Tor
tho minority, and then the third ballot was bad Inc
result three for acqui'tal ana niue fot cohVcIoh
Fak's doubts had been dispeod and Kitznger had
hcsn convinced his two former votes had been cast
for tbe wrong side.
From this time until the jury appeared in the court
room yesterday morning neither side wavered, aud be-
fore they attempted get what sleep was possible on
the chairs room In which they were locked Mon
day night most OF them looked upon an agreement as
hopeless After third ballot the voting WAS done
solely by tue raising Of hands except t1a written ballots
were shortly before the jury were Called Into court
Yesterday. The members Of the jury insist that no
effort. we're made bring individuals from one side to
the Other but that the remarks were cOntued chiefly TO
personal explanations OF reasons for voting either one
way or the other. Most Of the talking was aone by
Lounsbury and NuSent WHO Wero uescripou oy
one of tue Jurors as being born orators.
The Jurors cOI aned because they were not iurnisheu
suitable seepine aoco nOdatiOns, but expressed thrn-
selves beiug satisfied with the manner IN whioh they
had een treated by the court officers In otner respects
Many of them looked upon the order OF Recorder syh
deprvicg them of tobacco a0 unnecessary hardship
They were provided with all tue daily papers, out Of
which all illusions to the McQ ads trial had beeu cut
Both Iouns sDury and Dougnrrty, who with Fry stood
out for con yicou last deny the statements made
by McOuaies counsel that they were willing at any lime
10 vote for acquittal II Fry would DO 3D. Ibey assert
that their opinions formed c"nscentiousy ana that
they believe they were supported In tuem by the evil
deuce.
Ore OF the court officers who guarded the jury while
tney deberaed said that peculiar jury in that
not even tue attendants knew now the jurors ie IL
known the stood nine to three put Tue
opinion prevailed tuat the nine were for conviction'
Most of tue talking" said the ocer was done by the
tire, men who OH one side. Tney talked ahu
nj but the didn't very much as far as VIC
could tell They were very quiet about 1t ALL" captain
Lindsay aud tae officers received compliments for
the close guard which maintained over the lci"rs
TUX FOREMAN SAYS LITTLE.
Jonn Iynn the fore au Jury. is publisher with
offices ut No 767 Broadway ana lives at NO. iof west
Tents He endeavocd to avoid reporters after leav-
Ing the courtroom and wnen found Was Inclined 10 10
retcen, He denied tho report thai tue fact that Me-
uuade ia of Irsn descent had had the effect OF ncnine
ths Iri,bmcn on tue iIry to vote in his Iavof.
.Tuere was NO cvidence" he said " to convict Nc
ouuue at least as far could find We reviewed the
evidence about hundred nes but 1t was evident after
tue nrst night that an agreement was impossible"
THE RECoRDhR's CHARGE DID 1T.
Juror No 2 was Joshua Lounsbury. VINO was one OF
the three VINO favored conviction. Ee Is clerk In
Wholesale dry -goods house ut No % Leonard-st ana
lives at No. 20S wilis-ave After being discharged ho
eft IN hs ul,ce OF business He much surprised
y, ,sl, of the first ballot as the general pubic
when the positions Of the jurymen were msde known.
-rus eyuence OF McQuadc's guilt he said, was
suf,isnt should Think 10 convince any sane man, ana
n vote pad been akeu before Recorder onytb made ns
charge she defendant would have been prohouncoa
entity without our leaving seats The ucSe aiohe'
" , ,.I., Ia rrspopsible for the Disagreement Wnen
.n -! , o. EuI ..rada and QufY