New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-25
THEJURY COULD NOT AGREE.
THREE FOR CONVICTION AND NINE FOR
ACQUI ITAL.


sEvES ON TIRE FIRST BALLor-No GRANGE
AFTER MIDNIGHT ON MoNDAY-MQUADE
TO BE TRIED AGAIN NEXT WEEK
BAIL ACKNOWLEDGEMENTS IN
THE JURY ROOM.
The long confinement Of the jury who tried
Arthur j. McQuade in tho Court Of General sessions
ended yesterday at q quarter before II O'Clock.
thirtynine hours after the had been committed
to them to decide. They had remained for thirty
six honrs with their minds unchanged on the ques-
ton of McQuades gut or innocence; nine OF them
voting for acqutta aud three for conviction After
the jurors hal been discharged Recorder Smyth, on
tho motion of Dstrict-Attorney MARITIME, set down
the McQuade case for retrial on Monday next.
Bail was refused and McQuade spent last night in
the rombs
The jurors passed Tuesday night in their room on
the top floor of the General Sessions Building.
They sept better than the previous night
though their sleep was far from sound. Captain
Lindsay went home early and Court Ofhcers
Reilly, Daily. Clarke and Patterson watched over
the jury Juror Timmons. who has suffered for three
days from an liberated tooth. was especially
troubled during the night. The jurors made lttie
further effort to reach an agreement atter the
Recorder left the courtroom on Tuesday evening.
One additional vote was taken, but 10 change was
fonnd.
recorder Smytn nan Saln JJau Do "ouiu Hop ooii
the Jurors before o o'clock and he waited for an
hour and half after that time before he directed
that the jury be summoned. McQuade. who was
somewhat tired from the strain which he had un-
dergone. was still cheerful. He passed. an hour or
two in tho room of Assistant District Attorney
Fellows His couse Mr. Ncwcombe. who was
pleased With the prospect of Disagreement ana
had no thought that large majority OF the Jurors
were IN favor of his side of tue case called on his
client and remained in the building until the jury
were discharged.
No HOPE OF AGREEMENT.
Recorder Smyth opened court at 10 o'clock, as
usual. and for over half hour tho usual work OF
hearing pleas AMI sentencing minor criminals was
continued. The Recorder had received a message
from Foreman Lynn. and when the pleas In the
others cases had been received he directed Captain
Lindsay to conduct the jurors into the courtroom.
Mr. MARITIME and Mr.. Nicol represented the Dis
.ct-Attorney', o:hce McQuade entered the court
room in company of an o,icer and took his accus-
toned seat. He smiled he looked toward the
inry The jurors appeared and listess as they
took their seats The fourth Jurors cheek was
greatly swollen by the liberation of his tooth.
"Pease answer to your names. gentlemen of the
Jury" Deputy Clerk Hall allied.
The Jurors answered when their names were
called and then Mr. Hall put the other usual ques-
ton:
Have you agreed upon a verdict
Foreman Iynn-We have not
The RecorderIs there any prospect OF your agreehg
Mr. Lynn think not. We stand exactly "s we ulu a'
The Recoricr~From the information given by your
foreman gentlemen of the jury do not know hat therc
is anv further need of keeping you together any longer
Mr. Martinez do not think there would he auy use IN
keeping the jury together any longer arter such S'ae
The Recorder-T only say in dischargng you that
regret exceedingly that you cannot arrive at Us some % con
cson in this see no use OF keepihS you
phc on the first ballot but since midnight
VI rhc Kecorler-On the information which have re-
ceived do not think that would be Justified in keeping
YOU together any longer The prosecuting attorneys tne
counsel for the defence the Police Department. and the
Court haze do done all in er M n es beans e R. S on II s eS
discharge Won from further consideration OF this case
and from further attendance.
THE CASE TO BIZ TRIED AGAIN NEXT MONDAY.
The inrors remained seated for several minutes
after the Recorder had discharged them. Mr.. Mar
tine rose and with serious manner addressed the
Recorder. He said:
Tho nconle have spcnt many months in making prepar
atons for the trial OF this Ny associates have abored
hard and many days and nights nave peen tosu,lcu co. ~
making the preparations tat nao 70 1c S f u ft
nything undonc that ought to have been DONE LOOK LOOK
iry TO come to "A conclusiOn-as a scandal upon justice
And feel strongly and earnestly in this case because
do jury coudfail to come to some concluso
upnn the evidence that the Court in this trial
held the balances fairly and evenly between tle people
and the defendant and feel my duty u, ,s uc % - !,
move the Court rctral of this case and To ask at IL
be speedily begun. move 1t for next Monday morning
Mi NcWcomDe-I feel that 1t Is Impossible Ill view ol
engagements which have made to Try ths case OH io
day. Presumng your Honor that some cary ay s %oa
necessarily have been asked for the fetrl Oh the
upon the indictment, desire To say lat us iar ~
am concerned it will lie impossible for me TO take part IN
trial at that time have already notined Mr. MARITIME
that represent other defendant III hc matter oI ,he
Broadway auar Of lSSi-that my business Is OF such
character that will not represent them any further 60
this Indictment is concerned, II VIII proDapy nc III!
duty this trial. but engagements are sucn that
cannot do il on Monday II your Honor will set 1t for one
week from Monday will make the necessary arra'Sc
| mcnts , .... ,r,..
lhc Recorder-I agree with the Attorney The
is which, in view OF the failure OF lne jury ~
familiar with all the facts and need no preparation anu
all the witnesses present grant te n"on 10 See
without delay until 1t Is concluded. IT. you have engage
SIR Ne1combc~One moment your Honor. The de-
fendant will apply the issuance OF commission 70
examine witnesses in Canada, and time VIII DC saved saved by
the District Attorney now naming some person WHOM he
VIII authorize to act on tnat conlSso % smdavits in the
usual way and Will consider your houos
NO BAIL FOR MQUADE.
Mr.. Newcombe then made an application that
McQuade be admitted to bail. He said that the de-
en"ant was ready to give bail to any reasonable
amount. The Recorder after considering moment
said:
been shown not feel bail should be accepted
IL matter in the discretion Of thc oo hoe
think that will take bail.
Mir. Nowcombe renewed his request, but the Re-
corder denied 1t again.
HOW THE JURY STOOD
The jurors throughout this discussion remained in
their s~ats court officer told them that they had
Deen discharged and they began to leave the court
room Up to TINS time even the lawyers fOr the de-
fence beeved that oniy small minority OF the
jurors mad voted for acquttal. But the jurors had
sooner left their than an eager crowd beset
them with questions as to how they had voted.
Nine Tor acquittal aud three for convlctlon,
he answer.
The jurors continued to push through the grad
ually increasing crowd about tnem and made their
way 10 the Recorder private room, where they
had left their ,ts aud coats. Tney were assaiied