New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-01-13
WE'RE ELEVEN MEN WRONGL
THE TWELFTH JUROR CANNOT WIN THEM
A NEW TRIAL ORDERED BY JUSTICE BARRErr-A
PECULIAR SCENE IN CoURr.

NEW TRIAL ORDERED BY JUSTICE BARRErr-A
PECULIAR SCENE COURT
There was scene in tho Supreme Court yesterday
when the fury in the suit in which Mrs. Lophemia j.
Fisher seeks $4,000 damages from the city for Injuries
alleged to have been caused by fall on pavement
ont Of repair at Forty.ffth.st and Madson-avc
nounccd failure to agree. The jury had retired 1t
Is D. H. the day before, and In accordance with tho
directions of Justice Barrett had been permitted TO
separate at 10 p. without having found verdict.
hen they took their seats before him In the morning
IL evident from their serious faces that something
unpleasant had occurred. The Judge having been In
formed that they could not agree asked what tho
trouble and the fifth Juror, John NJ Dean, spoM
up:
1T is only a question Of the amount Of damages
he said, and VIC stand eleven to one. vote wa
taken and We all agreed to give verdict In favoi
OF the plaintiff. Tbcn the question Of the amount
OF damages eleven Of voted for certain sum and
the twelfth voted for q smaller sum- We bal0tec
again and again and tho result was the same. Then
the odd juror became obstinate down, pulled
out cigar and lighted it,"
THE JUSTICE WILL NOT INTERVENE.
Tho Juror was hero interrupted By the Judge whe
sad': Il don't to hear about your dclibera-
lions. 1t is for you to fix the amount Of damages.
You have already received full and repeated in
structions.'
If you inclncd,' persisted the Juror, to
instruct as what you think would be adequate
amount of damages 1t would greatly assist US. We
might then agree upon certain sum-"
Il have already told you,' said the Judge i'm.
patiently, that have no authory-not the least jot
or tttle-to appraise the damages. Understand that
now for all time,
The Juror sat down and the Judge continued:
Il am perfectly willing to instruct you to the
law, but can give you no instruction upon a matter
that is solely for your deliberations"
juror said that they willing to retire again,
but thought 1t would be useless unless the obstinate
Juror was left out
QUESTION or CONSCIENCE.
Assistant Corporation Counsel Wcman said he
objected to the jury retiring again. After falling to
agree they had been discharged and gone to their
homes and he had heard that some of them had
talked with witnesses about the Here another
luryman.an old man-stood up and leaning upon his
Your Honor, it is question Of conscience and
evidence Ono or two men, in my opinion, have
maze this matter OF conscience aud evidence and
| they put their conscience over the evidence"
HE rs%a pean ,pSnS up again and said directing
we had been spoken to, you have right make such
charge. You have no authority 10 do without tho
| Is bound to make him produce the person from whom
Justice Barrett assured the juror that reflection
| had been intended.
| Another Juror added: Mr. Fitzgerald. an attscbs
of the Corporation Conses office followed three Of ms
down Chambers-st and asked us about the result
reped Mr. nA wems Me Wh s's shake 'S o. tho
head that is not it.'
DIsCHAIGING THE JURY.
II think will have to discharge the jury said
Justice Barrett, finally and very regret It's
lie ordered that the be set down for second
trial on Monday next. Before leaving the court
room one Of the jurymcn stated that the obstinate
Juror was Ernest Finckenstaedt, the foreman juror
Dean said to the Judge: I'VE think 1t proper to say
that this mans name ought to be stricken from thu
| jury list He never appeared upon a jury before
IL was ascertained that while all the Of tho
Jurors were for giving Mrs. Fisher verdict for go 600
the full amount claimed, this man refused
more than $5, 900 except ballot when he raised
his figure to $4,000. On subsequent ballots he re-
turned to $1,000 and would not vary aferward For
ballot the majority reduced their figure TO 5,OOO
but no compromise effected