New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-03
THE RERR JURY DISAGREE.
STANDING 8 TO FOR CONVICTION.
NO CHANGE IN ANY OF THE .BALLoTs-BAM FIXED
- QSo ono


NO CHANGE ANY OF THE BALLoTs-BAIL FIXED
AT $4,000
After spending thlrty-nine hours and thirty six
minutes to be exact consultation and ballot-takfng,
the Jury in the Kerr found that they could not
agree verdict. At 10 :3s a. IN. yesterday they
entered the Oyer and Tcrmner courtroom and JUS
tce Patterson regretfully discharged them.
Two nights in confinement had had a marked effect
on the twelve men They looked haggard and wearied
and Of them with difficulty kept their eyes open
while the Justice pronouucng the words that
liberated them Mr.. Kerr appeared to be In much
better physical condition than they, though two nights
Of anxiety had chased some Of the rudy hue from
HIS cheeks. There large attendance of the pub
lie though the admission Of outsiders had been care
fully regulated by the court officers All the friends
who have been with Mr.. Kerr during his ordeal sur
rounded him. except Lawson n Fuller, who had en-
barked for Europe Colonel Fellows and Bourbe
Cochran both looked relieved because after all they
were able TO catch the ST. Louis train, and John H.
Bird In nice spring suit, looked gay as any other
bird.
The Justice said that he had received a communica
ton from the Jury stating In effect that there was
deadlock He wished, however positive verbal
assurance from each turyman that there no hope
of unanimous verdict The jurymen were then
polled, each sgnifyng that he did not think there
was any chance of agreement. Justice Patterson
then expressed his regret that such the case but
it was he said II was not proper to turn their
service into imprisonment al therefore, he added
have nothing to do than TO say that discharge
you from the further consideration of this case'
WANTING THE BAIL REDUCED
Bourke Cochran Immediately asked that his clients
bail be reduced to $4,000 Colonel Fellows thought
this was too low. Justice Patterson finally rcfxed IL
at 100000 and Chauncey F. Kerr and Harrison d.
Kerr Thomas B. Kerr's brothers. became his bondsmen
Great difficulty experienced in ascertaining ex-
acty how the jury stood. account of the ofcious
OF william Ricketts,. the cOurt-crier and his sub
ordinates who hustled the jury into a after they
had been discharged and locked the doors reporters
Several reporters met Justice Patterson-aways genial
and gentlemanly- and asked him II they were not az
liberty 10 talk with the jurors.
"Why certainly he replied, You talk 10 them
much as you please and they can tell you the whole
story. They are no longer In the case" But when
Ricketts, ushered the jurors the corridor they were
as retcent if It a capital offence to divuse
exactly what had rendered their services useless
Can't tell you anything, mustn't talk nothing TO
say" the reply made by more than one. At last
found that they stood eight for conviction, four
for acquitta and that was exacty how they stood all
along, from the moment they first left the iurybox
They took ballots innuUerable but the eight and
the four alike stubborn On Friday night about
o'clock they sent message TO Justice Patterson,
stating that they stood just as they had stood from
the beginning but they eXpreed no desire 70 be dis.
charged. and that was why they were locked up Tor
another night In the message they sent next morn
Ing they asked to be discharged.
HOW THE JURYMEN STOOD.
The who wanted Mr.. Kerr convicted are Rob
ert A Schroeder cigars, No. Essex-st; Edward 5.
simOns, jeweller No. 1885 Fourth-ave. George VI.
Huntington, agent, No. 229 Broadway sylvester j..
OSullivan, 1r., salesman, No 96 Frankln-st. Henry
c. Lefevre, real estate, No 476 Second ave-. Paul
Hahn, china, No co. Greenwch-ave Joseph ]. Kelly,
stationcr, No 264 sixth-ave.. and James Doonan,
stables, No 22O Ninthave. The four who voted for
acquIttal were Cornelius Harland superintendent, No
las West Twelfth-st ; Reuben Krause clerk, No. 647
broadway; Adolph Adelmann, cigars, No. 625 Eighth
ave, aud william \. Tref'enberg, broker, No. 162
West Ninety ninthst.
The counsel for the defence well pleased with
the result and Colonel Fellows also pleased because
the popular expectation Of an acquta has been dis
appointed. He told Tribune reporter that he had
not given much consideration 10 the subject Of new
trial for Mr.. Kerr but that undoubtedly the case
would come up again in due course wi.a The other
bOodle7 cases still remaining 10 be disposed Of