Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1889-03-24
COULDN'T AGREE.
The Jury in the James Cunningham Case
Discharged,
.IETBE FEDERAL COURT, YESTERDAY
The Indictments Against MessrS. Erskne
Bsall, Lukens and Others
DECIDED NIL BY ATTORNEY WATTS

The United States Court r5convenCd
promptly at nine o'clock yesterday morn
ing. the case set for rial being the joint
indie nen5 against Messrs. William Els.
kline. Grafton Bsall and Charles Lukens,
commissioners OF election at the Seventh
ward poll. Counsel for defense was made
Up cf F. p. Mcneil, B S. Allison, Cap
tain Dovsne- and G. W. Atkinson. The
iury pat in the box was J. F. Bard, W.
W. Morgan, James McNamars, John Bull
man, NJ. L. II bis, J. d. Stanton, P.
Bcsley, S A. Wilcox, &c. Crumbscker,
J. W. Plat .enhe-g Jacob Swei,zer and P
Kennedy. NJ @. Crawford, the first aud
only witness, stated he was at the Seventh
ward p Il on election day and sa~ Hush
D1utlass offer 10 v0.e. He was challenged
sud sworn and sts.ed to the comm ssi0neTs
he had not removed his family Or property
10 Ohio, ard that he was still q resident Oi
"StonetowD.n The grounds 5pou wh Oh
he had been challenged was the claim that
Mr. Douglass rad removed his goods "a
Ohio, and was merely holding temporary
residence on the Island until after Inc ele5-
t:On.
District Attorney Watts then read the
Indictment. and stated to !he Court tina;
the evidence given by Mr.. Crawford was
exactly what VS. II the Indictment
neither stronger nor weaker Mr.. Watts
further said he had been convinced at the
outse. that there was 10 casa unless furtt-
er evidence could be found, and had a.
fret declined 60 write the Indictment
Later ne thought his motives might be
misconstIued If he declined to write on in
d,ctment in case where Two of the de
PENDANTS were Democrats, and hsd there
fore allowed the case to 90 on. He had nc
( further evidence to offer, and was satisfsd
to Jet the juTY return a verdict of mo-
guilty Re asked the Court to so inatruct.
HE Honor said the Commissioner,
seemed 20 have done their exact and full
duty, and to have acted In thoroughly
conscientious way. He directed a verdict
of not guilty, and the jury scted accord
! ingly. The case ought never to have been
/ brought against the gentlemen, there never
existing the Temctsst grounds for an IL
| diciment.
The Joint case of w. ?. Jones, S D
Martin and Thomas Anderson, commits
sioners of Webster district, was put on,
and the District Attorney said the charge
was that of receiving the vote of pauper
| There was a great dispute IS 20 what con
stitute pauper within TIE meaning of the
law, when the party received only coca
sioDal OF partial aid from the county, and
those we're the circumstances in this case
The Jury returned a formal verdict of moi
/ guilty in accordance with the instruction.
Of the Court
In the case of the United States VS.
George c. Wysend, charged with a viola
tiOn of the pension laws, District Attorney
Watts said he was satisfied the cause haC
been brought fer reasons Of personal spite
and I'll feeling, and that there was nothing
in it. Formal verdict of not guilty. The
Jury was then discharged until Friday.
At twenty minutes to ten the jury II
the case of James Cunningham, of Cam
erOn. indicted for violation of tbs election
laws, came in, and said they had beer
unable toagree upon a verdict. HIS Honor
said he presumed there was no trouble 81
TO the Law.
Foreman OBren-I believe not, ! oul
Honor.
The Court-The trouble then is a differ
/ ence Of opinion as to the facts?
Foreman O'Buen-Well, I don't bnOH
that there is much trouble about anything
except that we can't agree.
The Court said 1t thought there ought e
be an agreement reached in the case. L
seemed reasonable to expsc a conc usiOn
The Court did not feel like forcing mer
against their convictions, and yet be woulC
have to give them another chance.
The jury was then sent out for furthe
deliberation. AT half-past ten the jurI
again announced that it was unable t
agree, and it was discharged by the Cour