The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-11-25
THE "BOODLE" JURYNGN
DISAGREE, AFTER BEING OUT
THIRIY.SIX HOURS.
They stood nj for Aequittal aud
Three for OnVietiOB-A New
Trial Granted.

They stood Me for Aequittal aud
Three for OnvIctIOn-A New
Trial Granted.
NEW YoRK, November ga few
miDu es alter ii o'clock Recorder
Smy h made his appearance 10 c. urt
and at IL 40 O'Clock the jury came into
the room. Foreman Lynn Ct ted that
they had not agreed upon a verdict,
adding: "We have remained the me
since IL O'Clock Monday night" Re.
corder Smyth said he did not think it
ives worth while 10 keep the jury
logger and asked Distinct Attorney
Marine for bic opinion. Mr.. MARITIME
thought il the status OF the jury re
NAMED UNCHANGED eince IL o'c.ock
Monday night they hsd betthr be dis
charged. Recorder Smyth thereupon
discharged the jury. Dietrict Attor-
ney MARITIME then addressed the court.
He felt that he bad performed his
whole duty in this matter, and his as
sistauts had worked maniully; they
had presented a full case and
HE WAS AT A Loes TO UNDERSTAND
how the juy, or any jury, could
fail 20 agree upon soma verdict. lie
10 { that the result CT this trial was a
public calamity, and tie case should
be called for a speedy retrisl. He,
ther, fore, moved for new trial On
Monday next. Mr.. Newcombe tn ugnt
he peeded more time to prepare for a
new trial. The r order thought that
the lawyers had bad ample prepare
tious, and he Therefore
GRANTED THE MOTION FOR THE NEW
to begin on Monday next at IL o'clock
am. The jury was permitted 10 "a
out OF the COURTROOM at IL :45 o'clock
am. Their resppearance from the
place of their scent Cor fintmept was
the signal for & aud rush OF reporters
and citizens, all eager TO ASCERTAIN how
far the jury disagreed and who vera
the obstinate ones. To the general
surpriso Of those who had watche d
,hs trial, they learned that the firsI
ballot, taken at midnight Mohday, had
STOOD NINE FJR AcoUIrTAL
and three for conviction. Tneie were
only three ballots after that, one on
Tuesday morning after breakfast
another last night at 8 O'Clock, after
which came the report to the court
and after that the tired and now ugly
Jurors bestowed themselves Ia the
most comfortable manner possible on
the chairs, tiff backed btnchos, tables
and fl Jor If the room and e5tayed IA
seep. They were not good nstured
this morning and ou taking another
ballot they found that they stood ex.
ac,ly as they had on all ether ballots
Tn WIS their report to the court,
RESULTING IN THHIR DISCHARGE,
The three who held out for conviction
we're Louosbsny, Dougherty and
Frye, all Of whom are commercial
men. The scene about the brown
one courlhou was one OF excite
ment, and the reception of the an
nounCemsnt vas anything but aAtter
Jog TO the nine who could not sec
conviction in the evidence. The
general impression had been, slDcS
the closing Of the evidence, that
THE ONLY HOPE FOR NcouADE
was that the 81 m pathies Of OF the
Jury had bsen worried on by Mr., New
combe's p ca for his wife aud children
or that sumo Juror, disguised and dis
trustiul OF the iDfolmers (Fullgraf
and Dufy) had entirely dioregardeC
heir evidence, or that some juror
hopeful that his act would produce .
fecomp nse, would disregard his oath
and vote without regard to the evil
dence. Ia short, everyone outside Of
the ilJy box had convicted the &C.
cu:ed. So great va, the belief that
the in Y, favo able to conviction, had
been hung" BY one obstlna man,
that hunt instituted for that man
h4d fix I'd upon Mug and he had
been tho subject OF exec,a ion as the
"obstin te Juror" Tor twenty foul
hours. TIE efore, when it was stat q
that the white barred, dee ent old gen
tlemsn had eight compani ms sharert
in his
BELIEP IN THE INNOCENCE OF THB DR.
PENDANT,
tho report was at once taken to be {
good joke. When it vas assisted upon
the inquirer invariably grew wrathy
and left his supposed mitinform ant ia
ask Others. But the reply was always
the same, and the names Of the three
men
WHO HAD VOTED WITH THR PEOPLE
were named as above. The people
msrveled and went away to discuss
the mutabilities OF the course OF The
case in the hands Of an American
jury.
THR JURORS DID NOT PAUSE LONG TS
| ANSWER
the inquiries Of their fellow citiz ne
but speedily as they could get their
hats and overcoa threaded theil
way through the crowds In the CORR
doris and took their several ways ia
their homes, their fret visit 10 their
families in whole week. MtQuade
wss Iemanded to the Tombs.
1t is rumored that the Jury was
tempered with, but the authorities do
not credit the rumor.
Application FIR McQuade's release
on bail was denied, and he was com
mtted to the Tombs pending his re-
| trial