The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-08-20

fact, but should not 20 against the
Court without full consideration.
The jury might find any or all de,
PENDANTS guilty or not guilty, and
could fix the penalty for all. 1t guilty
of murder, or OF anything else, the
sentence should be fixed in accordance
with the statute. Forms OF verdict
were given to the jury providing Tor
all the sentences, and also acquitts's.
For the defendants, the Instructions
we've that if the jury understood the
law better than the Judge they should
so set.
Before the jury can convict the de-
PENDANTS they must find them guilty
beyond all reasonable doubt. Mere
probabilities do not define guilt. Per
sonal opinions OF facts not proved are
incompetent. The jury are sole
Judges and can consider the interests
OF witnesses which might color their
testimony.
Waller and Segelier were accom-
plices and their testimony should be
viewed with great care. lfWaller and
Segelier testified from promise OF
reward such fact should determine the
weight Of their testimony. Ii any OF
the States witnesses testified from
hope OF reward the same rule should
apply.
. The Jury should act with great eau
ton upon the testimony OF accom-
plices ard should be satisfied OF its
truth before finding defendants guilty.
The jury should endesvor to give as
full credence to the testimony OF the
defendants as is possible. Tne jury
cannot disregard the testimony OF the
defendants on the ground alone that
they are defendants.
Statements OF tue States attorneys
not based on evidence should not be
regarded as .circumstantia!-if fsc's
should be compatible with limo
cence, defendants should be acquitted.
If crime may have been committed
by some outside party, acquittal
should follow. A lusions and refer
ences to supposed dangers OF anarchy,
etc., should not be regarded by the
Jury. individuals and communities
have the tight to arm for protection,
and an invitation 10 arm for such pur-
poses is not guilt.
The Judge finished his instructions
at 2:50 o'clock p M, and the jury i'm
mediately retired.
THE JURY RECsLLED.
At $3.50 O'Clock Judge Gary, af'er
consulting with the attorneys for both
sides, ordered that the jury be brought
back TO the courtroom to receive some
instructions in the law regarding the
crime OF manslaughter. The jury was
intructed that it could return verdict
of manslaughter in the case OF any or
all prisoners without conflicting with
the terms of the indictment. The
crime of manslaughter was define l,
and the jury having been instructed
regarding the penalties that the law
prescribed again retired.
NO vEBDICT YET RETURNED.
At6pm. the court adjourned till 1C
O'Clock tomorrow morning without q
verdict having been found.
AN IMPRESSIVE sCENE.
Until the verdict Of the jury is pre-
scented in open court the anarchist
trial will hardly have furnished amor6
impressive scene than the courtroom
during the reading Of Judge Gary's in
structiJns to the jury this afternoon
That event had apparently been looked
forward to as most directly affecting
the final result, for the audience
which crowded every inch OF available
space, evinCed a general eagerness o
interest which was lacking during th'
giving of some OF the most impoitan
testimony. Even the ladies PIE; en-
drank in every word of each lonl
phrase in the instructions, IS If to los'
nothing which might furnish clew a
to what the verdict might be. TIL,
strained attention of the defendant
was painful to witness, and the snxiet.
of Mrs. Parsons was scarcely less appa
rent. The jury seemed glad OF tn
opportunity to rest their tired bodies
and stood erect throughout the hou
consumed in the reading OF the in
structons. The counsel Tor both side
crowded IS close TO the bench as pos
eible, and once or twice Capt. Black o
Mr.. Zeisler, for the defense, inter
rupted the Court to suggest the inter
polation or the expurgation OF wor'
or phrase.
When the jury retired the prisoner
were taken into one OF the baillits
rooms adjoining the courtroom.
few minutes later Fischer emerged
accompanied by bailiff, and entere
another room to get drink OF lct
water. He was deadly pale. Though
the oailiffs took pains to assure TN
= ladies present that it was extremel
: improbable that a verdict wou!d b
returned before the adjournment
court, every one Of them rename
: until Judge Gary put on his hst an
was out OF the building, During IN
three houls of waiting Tor the verde
| the attorneys present were suhlecte
to repeated interviews, mostly b
/ ladies, as TO the probability OF . We
, dict being returned which would fl
the extreme penalty. Mrs. Pareon
= Mrs. Neebe and Mrs. Schwab col
, yersed together in low tones at the en-
: OF one of the attorneys tables, an
8 were now and then frightened up b
, a cheerful word from Mr.. Black, WI
l is said to have firm faith in an acqui
tai. The most touching slgt
: Of all was the aged mother {
!, Spies Her imperfect knowlede
9 OF the English language has made
l impossible for her to follow the ee,V
: dencs closely, but her intense sole
d tude for the comfort and safety OF n
r favorite son, the enormity OF who
/ offepss as maintained by the prostc'
ton she has seemed little to unde
: stand, has made her the most pathet
9 feature Of the trial. While awsillr
e the return of the jury frequent tea
= rolled down her wrinkled cheeks, on
: when the court adjourned, with h
r suspense still unrelieved, she moV'
r, slowly out on the arm OF her your
3 daughter, seemingly broken heaite
"Here comes the jury" was u
! startled whisper which went aroul
d fifteen minutes after that body had
II tired, and it created a momenta
70 sensation, for the jury had returne
> But it only wanted to receive some 9
3 ditional instructions concerning T.
crime of mauslaugbter, and the hop
= Of the sensation seekers prese
l. anapdilv fall AGAIN.