The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-12-16
STILL DHLBHRAYING,
The crouiu Jury Has Not Yet
Decided Upon a Verdict.
DGEM'CONNELL WENT HOME
For the Night EARLY and the Twelve
Cannot Report Before Tep O'Clock
To.Day-He Don't ThInkTheFe
Is u Disagreement,


$3.50 this afternoon Judge Mcconnell
left the court room, stating that he
would again he on hand to receive any
return the jury might have to make at
10 o'clock tomorrow morning, The
only Instructions he gave were that, in
case the jury succeeded in arriving at a
verdict during the night the bailif
might then conduct them to the hotel,
but shat the verdict would not be re.
celved by the court until tomorrow
morning, Rumos OF all kinds have
been aaoat to-day and tonight, How
ever erroneous it may be, the public ap,
pears to have hastily arrived at the con.
Clusion that there is to BIZ Disagree
ment OF the Jury, aud that the old ut
tempts at jury bribing have In some
mysterious way proven successful.
The statement that John Culver, OF
Evanston, q Presby and one Of the
most respected citizens OF his commu-
nily, is the disagreeing Juror, has, how.
ever, tended to shake this conclusion
somewhat, and the more conservative
are COntented to await further results
before cOndemning anybody. II IL quite
possible that Mr.. Oulver's ObstinaCy may
only apply to some minor point In the
case, or 10 the guilt OF Kunze or Beggs,
although the reports most current are
that no ls voting on the broad question
Of the guilt OF the prisoners as a body, |
The States Attorney and conservative
citizens generally deprecate the severe
structures made by the local papers upon
upon Mr., Culver's supposed ObstinaCy,
aud no man iu the city Is probably more
sanguinO OF an ultimate success than the
public prosecutor himself.
An Associated Press representative
called upon Judge Mcconnell this after.
noon and questioned him regarding the
reported status OF the jury: ~ have no
intimation," said his Honor, that the
jury thinks 1t will be able to agree, and
| am Of the opinion that a verdict will
be ultimately reached. did not expect
that any verdict, even II agreed upon,
would DO turned In to-day. 1t IL, In fact
doubtful whether the jury Is consider.
ing tue case at all to-day. Most Of the
members are religious men, members Of
some church, aud tits altogether likely
that ifany particular man demurred 1T
considering the matter to-day the Jury
would at once aCqulesce in his scruples
aud postone further deliberations until
tomorrow"
"You do not then share In the general
belief thatthere will bea Disagreement"
~ do not, l feel quite confident that
the jury will agree In time. There is no
good reason for this hasty conclusion OF
a disagreement. There are thousands
OF instances where juries have been out
much longer than this and yet tually
agreed upon satisfactory verdict.
A COMPROMISE VERDICT.
"You anticipate sort OF compromise
verdict, then2"
"All yerdicts arc naturally 'compro.
mise verdicts, us you term them.
II they were not, 1t would mean that
tho opinions OF each OF the twelve men
were identical upon the question OF guilt
Immediately upon retiring. AS a mater
Of fact, that Is rarely, II ever the case.
In q case where there Is so much to con.
slider, az this, departure from the rule
could hardly DO expected. The verdict
Of jury is necessarily composite one.
II Is intended to be. II 1t were not
there would be no need OF twelve men,
but the jury might lust as well be com.
posed Of one. II Is the conCensus OF
opinion that the law Contenplates us be.
ing most likely to ensure Justice"
ut is stated that you intend TO keep
the jury out until they do agree In this
case, week or two, II necessary. Is
such your intention?"
"0f course IL would be improper for
me TO state at this time my Intentions,
even II I could anticipate tho causes
which might lead 10 such determine.
tion. II must be borne in mind, how.
ever, that tue court must necessarily
exercise discretion in such matter as
that The Supreme Court may have to
pass upon this case.
dropping the Oronin case altogether,
/ will illustrate with an imaginary case.
Suppose we have case where eleven
men are agreed upon the question OF the
guilt Of the defendant, and the twelfth
believes In his innocence. Thatju Jury we
will say, Is kept out two or three days
and the status Of opinion Is the saaie,
the one man still holding out against the
eleven. Suppose, then, as you suggest.
the judge should order them out inded.
nitely after they had stated their inabili.
ty 10 agree, and ultimately force them to
verdict, the II men all the timearguing
with, demonstrating with aud chiding
the twelfth. Suppose then that the
case should 20 to the Supreme Court,
and the twelfth man should come for.
ward and state that he had been CoerCed
and worried into an agreement by his
fellows against his better judgement;
that II was only under the stress oi men.
tai anxiety or anguish that he consented
10 the verdict. In such case do you
doubt that the Supreme Court would
lnvalldate the verdict and order a new
triAl2 OF course the Jury should be
given ample time and opportunity 10
agree, but the demarCAtion between de.
llberato conclusion and a CoetCive yer.
diet should be closely drawn. Tie law
does not contemplate an inquiSiLlon 10
extort Judgement from the mind Of the
juror"
NO REQUEST ron LIGHT.
"Haye you received any request from
the jury for special instructions since lis
retirement"
II have not. have never been In
the Jury room and indeed have no rlphi
10 enter H. Should they request any
fuller Interpretation OF any Instruction,
which the Court has given them, they
can only request II formally, and then L
Ia the duty Of the Oouit 10 call them into
Court, aud there Ii the presence Of the
defendants and their attorneys, interpret
70 the jury's Satisfaction the law aRply.
Ing 10 the evidence. No such reuilest
has been made, and no ruling Of the rec.
ord OF evidence has been asked for
vIt case Of q disagreement Of the Jury.
will tho case be Tried again before YOU,
or eau The defendants lake d change OF
venue out Of the CountyW
"The defendants can, by the eCublomafy
afIldAVlls, take q change OF venue from
hh pobSeCutive Judges and probably
succeed In having Il tried out Of The
county, There arc i've dBiendAhlB, and
each defendant can twice have the on.
portunlty Of demanding q change Of
/ y. tlaN alaa....s ..s.Nl a.