The evening world., 1888-06-02

pishes 10000 Bail-Tbe Jury stood
Eight TO -Four for Conviction mt tho Start
and Did Not Chnnge-wm There BE n
New Trialf
The jury in the trial of Thomas B. Kerr
came in at 1913 this morning, having been
out since Z. 90 ON Thursday evening.
They announced to the Court that they
were unable to agree upon a verdict, and
stated that there had been no change in their
ballots since the first one, taken Immediately
after they retired.
Justice Patterson discharged the jury i'm
mediately.
This denouement to the trial of Kerr is the
subject of general comment among the law
yers and others who have heard the trial.
Ira Shafer's Comment is a typical one. He
says They had evidence enough against
Kerr to convict a thousand men," And he
adds ~thoughtfully: Col. Fellows's speech
to the jury was a strong one-but after all
it's evidence, not ~oratory, that sways a jury.
"They should make up their minds when
the evidence is all in. and generally do. with
out regard to what the counsel or the Judge
says"
TIL result is looked upon as another in the
AOAB VI allulCb WhiSh hhNo ublChubu
Col. Fellows since his elevation to the Dis
trict-Attorneyship.
Col. William f. Shaffer, DR.. Samuel Hall,
Harrison ID. Kerr and Chauncey F.. Kerr,
brothers and the son of the defendant, SUI
rounded him in court this morning, and
all were in a cheerful frame of mind,
and they were not at all surprised
ut the result, while Bourke Cochran and ex-
Judge Davis expressed themselves as per-
fectly satisfied, as the result was reached by
letting the case go to the Jury on the testi-
mony Of the prosecution undisputed.
Col. Fellows evidently felt his defeat Keen
ly. His voice was very subdued and trem-
bling as he addressed the Court, SAYING he
was content with any bail which the Court
might accept. His face was drawn aud filled
with encouragement.
Justice Patterson fixed bail at $50, 900.
Bail Clerk William Z. Penny wrote n bail
bond for Thomas b. Kerr shortly after Court
adjourned, and Kerr's bro hers, Harrison ID.
Kerr and Chauncey F. Kerr, became his
bondsmen. He went directly to his home.
Col. Fellows was unable to say when the
trial of Kerr would be moved again, and
could not tell when another Doodle case
would be tried. He refused to talk to re-
Foreman Cornelius Rowland. George NJ.
Huntington. No. 8; Paul Hahn, No. 8, and
James Doonan, No. II, voted tor acquiital at
the start. The others were, for conviction.
There were frequent ballots during the
thirty -nine and one-half hours the jury
were out, but no change occurred.
~ Wnen tneA urSt rays OF morning sunshine
stole through the big window in the east
wing of the Courthouse it lighted up the
faces and forms of twelve haggard and dis
hevelled jurymen and O trio of hollow-eyed
court officers.
Such was the condition of the Kerr jury
and the ~jailers after thirty-six hours of fruit
less contention: For two days and nights
they had argued and delibera ed in vain.
There was no rest for them, and pillows
and sheets We're q dream of the past. They
were, indeed, 80 far as the necessaI les of life
were concerned, IN a far worse plight than
the criminals awaiting trial in the Tombs..
But Kerr, the mill onalre defendant, had
Jared better. He had been " in charge" to
be sure, but his keepers, Under Sherif Sex
ton and Order of Arrest Clerk Barney Mar
tin. are first rate companions and Kerr had
been permitted to be with his very sick wife
and his family most of the time, and slept in
his own bed both nights.
The long deliberation of the jury presaged
disagreement at least. and with the probs-
bilities in favor of the idea that those for
acquittal would be most likely to win over
those who would convict. on the theory that
It's better to err by setting free n guilty mar
than in ss sending n d a an innocent cent one to pr,s9 "a.
was cheerful, and indeed almost complacent.
Not SO Bourke Cochran. He had set his
mark at an acquittGl. He is young TO the
profession of law. and he hoped to blossom
as one of the brightest flowers in the New
York legal garden He was not cheerful.
And John ii. Bird, the round faced, jolly
member of kerr's counsel, was almost sick
with uncertainty. He was pa'e, and no smile
lightened the %ste-nness of mis- face. The old
Chief Justice, Noah Davis, was simply philo-
sophically resigned.
kerr's son, who has been his constant at
tendant during the trial, shared his fathers
h~opefulness, but Bondsman Cox was exceed
ingly anxious.
Since yesterday the jury have had no com.
munication with Judge Patterson, and neithel
court officers nor counsel have been allowed
to approach them.
I'VE say nothing to the jury" said Capt
Billy Ricketts,, and it's right, too. l once
saved a mans life by rapping on the dool
of q jury-room. The jury had been out in
murder case thirty-six hours, and just on
man was for murder in the second degree,
He was No. IL. The Judge got tired anC
told me to bring them in for instructions.
"They were taking q ballot. The clever
who are for murder in the first degree ha(
put their ballots in the hat, and the Twelfth
man had written his when / raped at tn
door.
1T saved the mans life. The Twelfth
man never dropped the ballot, and 1t was TO
hanging. He had got tired. The jury wen
back and decided on the second degree OIL
the next ballot. No. IL told me afterwards.
Dr. Herold ARaiu DeDuty Corouer.