Morning journal and courier., 1886-11-23
mcoUADE,s TRIAL FINrsHEp.
The Jury Unable to Agree Are Locked
 Up For the Night.

] The Jury Unable to Agree Are Locked Up For the Night.
 l NEW YORK, Nov. 22.-In Boodler Mo Quade's trial day the cross-examination of O'Neill developed the fact that he had once quarreled with Fullgraf so that they almost came to blows. Witness denied that he had ever invested cent in anything but shoe leather in his life.'' Ex.Alderman Wendell
 then testified that he had never received
 cent for voting for the Broadway franchise.
 Wendell is not one of "the thirteen" Ex-
 Alderman Reilly, one of the indicted, fol-
 lowed. He swore against the confession of
 Duffy and Fullgraf so far as he was concern
 ed or knew. MT. Newcombe, of counsel for
 the defense, then said he had received note
 from the physician of ex-Alderman Cleary,
 whom the defense intended calling as a wit
 ness, stating that he was i'll with dysentery
 and unable to appear in court. Mir. New combe therefore asked permission for Clearys testimony to be taken by the stenographer in the presence of the district attorney and read to the court. After discussion it was arranged that the case for the defense should close with Cleary's testimony; that if Cleary could not come to court his testimony might he taken by the stenographer during the mid day recess. The usual midday recess was then taken at 80 o'clock until 2:15.
 At the reopening of the court after recess Mir. Newcombe announced to the recorder that ex-Alderman Cleary was too sick to be I able to give his testimony. tl therefore an- nounce that we now close our case" This announcement was received with hum of surprise on the part of the spectators. The recorder then remarked that he pro posed to have the trial finished tonight if it occupied until morning. To this MT. Newcombe seemed to demur. But the recorder re- mained fixed and informed the coun- sel that he should allow two hours to each side in which to make their arguments. General Tracy arose and said: | 'I ask your honor to instruct this jury to disregard the evidence of the witness Full l graf on account of his evidence before the l Senate committee and the fact of his being l an accomplice." ''That should properly | come up request to charge" said the re- corder. "As you please" returned General | Tracy. "But should be glad to cite sever 1 al cases to your honor" Recorder ! Smyth assented to this and General Tracy made some reference to reported decisions l He then moved that the district attorney dation act or the penal code. Recorder 1 Smyth said: "I understand that he has l elected to try under the first count of the in | d1ctment. MT. Newcombe then moved that l the complaint be dismissed on the ground | that the defendant did not occapy the posi- l ton as described in the indictment.
 After argument by MT. Newcombe and Senator Grady for the defense and Colonel Fellowes for the State the recorder charged the jury. .who at once retired. At 1030 it was reported that on tLe first poll they stood sev- en to five for conviction and at Il o'clock they were said to have taken another ballot which stood eleven to one for conviction.
 At 11:50 the jury, having informed the court that they had not yet agreed, were locked up for the night. It is understood that Nugent is the one juror who stands out for aequittal. It has been stated during the trial that Nugent would never vote to con- vict. He is said to have prejudice against informers owing to his having lived in Ire land at time when many innocent people were imprisoned on the testimony of in- formers in the pay of the government. Nu- gent is very old man and rather cranky.