New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-24
NO VERDICT YET AGREED ON
THE McoUADE JURY CANNOT DECIDE.

the McQuade trial and they passed last night In the GUS
ody of the court officers. They reported severai uc
Recorder Smyth that they we're unaoie 7" "s'oo'
but the Recorder was unwilling to discharge tnem
until they had made further efforts 10 aeciuo
the case They therefore prepared themselves 10
pass the second night of their confinement rs
they could when locked up in bare room III ,c upp
floor of the General Sessions building They VIII NC
into court this morning and IL no agreement Is
will probably then be discharged They are repoi''"
standing nine for conviction to three for acqhtil
The jurors made up their minds Monday nignt sooh
after they retired to their room that they couu no.
verdict They sent message 10 that eneo' " 'o
Recorder before he went home at midnight but he was
not satisfied that every effort had peeh mic an" Il" w
| unwilling to discharge them
WHERE THE JURORS PASSED THEIR TIME.
The urv had plenty of room during the night but not
many other comforts. They spent the high'
in the witnessroom attached 10 the "ianu
Jury room on the third floor OF the pro"nS'ono
building The room is high, square apartment Win
several windows It Is about forty feet square ana mas
no furniture except half dozen uncomortaoe pehchcS
which are usually occupied by waiting witnesses "o
the Grand Jury in session The drahu jury iooi'
itself is carpeted and well furnished III contains ~
Portable arm chairs and long table, WHICH nnsn' nav
made good substitute for beds for the jurors bu. INC
Jurors were only allowed OF few OF the cnars
and had the benches as their only sleeping place. Court
Captan Lindsay and the six officers who have had chalse
OF the jury since they sworn sat ohtSiuo VI 'no
room where the jurors deliberated Occasionally ono y.
the officers fell asleep, but the entire force remeu i'
| hand all night
Inside the Jury room coudbe heard occasional souhus
Of heated argument and then long perous vi
silence. The jurors argued together for time anu whcn
they became wearied they lay down TO sleep 'h'
not entirely resful AS Of the court ohcers su'
"They would sleep q while anu then go W oa''ne
again." In this way they passed the nign., Ano
various ballots showed occasional changes Ill 'ic o"'
of the jurors
One of the Jurors succeeded in having message sent 10
his wife, with the consent Of the Recorder anu 'no o
sell and learned that his wife was Ill Win ophlneri gun
the sturcg 10 secure an agreement continued but IL De-
came practically hopeless. The hecoruer' ho"'''i'
thought that his duty would not be done uliess
he kept the Jurors together until 1t became certain 'n'
no agreement could be had or the Individual J"ro'
the fourth Mr. Timmons had been suffering from SICK
ness and he felt the discomforts OF his position Keen
w. The twelfth Juror who is stout and heavy elderly
or os not well fitted to endure the harships OF the
night but Juror Nugen who Is apparently the Oldest o
all, stood the discomfort we'll
M'oUADg BECOMES CHEERFUL
As the morning approached the sleepy Jhrors anu ,o
sleepy officers reoced alike. Mctluade VINO seP' "e "
his cell In the City Prison. appeared at 'ne coui'io
in the morning different man iro'h 'ne NM,
; eyed dcspondent being who listened TO the ciosne
q ,vords . of tho long trial. His eyes wer'
, bright and he was in tho greatest goothumo'
: with every one He smiled as he shook hahds "ith n
r friends "They don't believe those fellows. VINO "ouu
believe that kind of creaturesl Why, heard Una. ~
. | Duffy was going home from the courtroom on rii!
some of the men who had worked for MN called 10 nn
nd said that they could work for an informer ct
u he went on never denying that he was guilty. pu
p ponting out the weakness OF the case agan9' nii
e He had a large number or VISITS from lion.'
N and he greeted them cordially. His confidence Oil
not diminish the day passed. andH sccuieu "''' VI
,arent that the jury could not asreo' A., n,r
,e ,ocorIer smyth had fixed 10 O'Clock as inc houi
"a -, . ocoss was taken. He in the General se
A. time and for an hour after. He received
communication the jury, but he did not call tei
into court and did not send any word He sad Una
70 he Thought that the jury should have an opportunity
lie discuss the evidence that adequate considering
80 time occupied in the trial of the case
SCENES IN THE COURTROOM.
The courtroom opened before 10 O'Clock ana iIo
he that hour there constant crowd OF Vsors 'nio
an ont the day. Politicians of great and little note paSseu
at and out or remained seated for an hOur OF t"o IN u
hone that the Recorder might choose that time ior cam
is m tlo iurv TX Aldermen Pearson and Wendell were
ad the building and several of the lawyers who are ine
ie ested in the Adermanc cases called 10 Inquire DO u "
rg probability of an agreement OF the jury
is Though many the visitors remained only ieW Ill
utes not a few remained all day long, hsuessly Ni'"5
e hone Of hearing the result Of the trial which ad oec
u nicd nublc attention so long fhe majority seemed TO
c moved only by curiosity and had personal interest
stake After the first hour Mctluade went hlo u'e VI"
ot of Assistant Dsrict-Atorney Fellows ana reinun
he there receiving his friends for several nou1
Ike His counsel, Mr.. NewcOmbe and MI "rau
visited the courtroom occasionally. Mr. Newcom
locked male and overworked His friends congratulate
M him ON his piloring of Fullgratf and Duffy Mr. Newcom
te expressed his friends his content WIN the Pioo
ap- Of disagreement, adding that such result w w"ou
rhe strengthen Adcmanc side OF the case anu poo
is any more convictions.
rs Mr. MARITIME and Mr. Nicol somewhat dishearteh
nv thc proae re, of their efforts They did not ma
& any charges of improper influences against the Juro
though there has been some shshe susiuo
that one Of the jurors has friendly relauo
with one OF the indicted Aldermen Aiuerlh
ms Cleary did not visit courtroom. 1t was sau 'h'
on felt much better yesterdays yet he did not venture
OF Mr. Newcombe said he had had no news OF his couoi
ars As the day advanced courtroom Win us scorcS
~ waiting spectators was a dreary place. iHo 81"
tho heavy from the dampness exhaled rom inc We. ~
on and umbrellas of those who had just come In from
rain without. Women with apples and SANDWICHES ui'
"A busy trade among the most ANXIOUS oheS'
, feared 10 leave the courtroom for mom
u lest they should lose the longedfor opportuh
die Of hearing the verdict announced. humors VIM -
rider foundation circulated In group II was @ se. %
the Jury stood eleven to one for c0nVictloi anu % '
uy who desired to acqut was Thomas NuEem' ~no
the reputation as minority Juror Ue for Convict
the 10 three for acautal and Juror Nugent was no ON
the three The jovial ones In the a'lience M , lo
selves by occasionally knocking on the doors OF t t,e ,
r. imitation OF court officer and calling out enr,ss
,ssn were among t6e members of the sia
king groups Ex-Alernan Kirk, whose lawyer, 1rauy,
hcer part III the McQuadc trial. anxously "ai'o" "'"
n he couflloohL =. ,ooonoo ovtdent tina
al in Inc expression OF opinion s IL voN ,a,Jnus
| disagreement was pfODdDc was 10 t',s',,, ,or
speakers The majority considered the testimony io
VI prosecution conclusive aud wondered how an nohsl
adj roud come To any other conclusion than vote Tor
ana yicton. To Others the fact that Duify ana ugr
sno bribetakers, and that Fulra at least had s"o
y. enough To render their testimony Nalueiess, u
ever probable its truth might seem in view oil the "
evidence.
THE JURY FILE INTO COURT.
ixty. Recorder smyth, who was at MS Ia" onioc III ~
the afernoon received three comm
cations from the jury The latest was received shortly
fore o'clock when the jury had been absent from