New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-12-16
ONE MAN HOLDING OUT
WHAT IS RELIEVED ABOUT THE ohoNiN
JURY IN CHICAGO.

oN SAVING ONE OR TWO or ILL
oxrps-A1LEeED PRESENCE OF
AyT1.cRoN1N AVENGERS
-v,xaH.rH TO THE TkBUSEl
Chicaco Dec. l5.-After over iUIS .iAnV noU''
=, ac,iberation, the jury mas i"i.,u ~ sos
.o.,rr in the Cronin case anu WV
a;soc,reement are general III ',,' p"SrV n ',,
oisas oo a,aIock this afternoon Judge Mcconnell
Az o :'o w. room with the announcement that
LETT tne s0" lin he at the Criminal Court at
nc "o,- tnmorrow morning TO receive any
~ 49, -. tho jury might have to make at that
There is no doubt that the dlsagreelng Juror
- CpIyer of Evanston, real estate agent.
VI is intensely religious, and is opposed TO the
aoo.b sentence except in aggravated cases. and is
.unn-assed with the idea that every man on trial
,s hoon the instrument of some other man. He
.h;rus Coughlin is the only man that ought to be
hanged
II has been noticed that Culver has taken con-
,,darahle interest in Burke. To bailifs he has
snoken Of Burke as quarter-educated savage.
O,Snllivan he believes TO be fanatic. He would
cave the necls of OSullivan and Burke, but would
prefer 10 save Burkes neck. His obstruction now
Is regarded as part of the tactics t6 save the lives
Of both. Those Who know Culver say that he
is honest but likely TO mount hobbies at any time
and ride them to death He has appeared daily
in the courtroom with Bible. He is Sunday
scboolteacher, radical temperance advocate and
a member Of several reformatory societies lie
has been playing the evangelist with the jury.
II is q significant fact that the jury has not yet
informed the court of any probability of any dis
agreement All they will say is that they are
"not ready with verdict" The judge and the
prosecuting counsel look upon this as indicating
determination TO agree.
At 80 %. m. Judge Mcconnell left the court
room, stating that he would again be on hand to
receive any return the jury might have TO make
atlO o'clock tomorrow morning. The only IN
structions he gave were that in case the jury sue
ceeded in arriving at verdict during the hsht
the bailiff ght then conduct them to the hotel,
but that the verdict would not be received by the
court until tomorrow morning. Judge McC0nDe II
said i have had intimation that the jury
thinks it will be unable TO agree, and am OF the
opinion that verdict will be ultimately reached.
| did not expect that any verdict, even II agreed
upon, would be turned III to-day. 1t IS, IN TACT,
doubtful whether the jury is considering the case
al all to-day. Most of the members are rehgloas
men, members Of some church, and 1T is altogether
likely that if any particular man demurred at con-
sidering the matter to-day, the jury would at once
acquiesce in his scruples and postpone further de-
hberations until tomorrow"
You do not, then, share in the general belief
that there will be disagreement"
Il do not. feel 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 finally agreed
upon satisfactory verdict"
ofQ
then ?"--s---
"All verdicts are naturally compromise verdicts
as you term them. If they were not, it would
mean that the opinions of each Of the twelve
men were identical upon the question of guilt
Immediately upon retiring. AS a matter Of fact
that is rarely, if ever. the case. In case where
there is so much to consider as this, departure
from the rule could hardly be expected. The
verdict of jury is necessarily composite one
Ii in intended to be. If it were not, there would
be no need of twelve men, but the jury might
just as well be composed of one"
1T is stated that you intend 10 keep the jury
out until they do agree in this case, week or
two if necessary. Is such your intenton?
OF course. IL would be improper 1or me 10
state at this time my intentions even II could
anticipate the causes which might lead 20 such a
determination. IL must bc borne III mlnd, how
ever that the Court must necessarily exercise us
cretion IN such a matter as that. The supreme
Court may have TO pass upon this case. Dropping
the Cronln case altogether, L Will illustrate with
an imaginary case. Suppose we have case where
eleven men are agreed upon the cues
tiOn of the guilt of the delendant
and the twelfth believes in his innocence. That
jury, we Will say, is kept out two or three DAYS,
and the status of opinion is the same, the one
man still holding out against the eleven. Suppose
then, as you suggest the judge should order them
out indefinitely, after they had stated thelr ln-
ability TO agree and ultimately force them TO "a
verdict, the eleven men all the time arguing with
demonstrating with and chiding the twelfth.
Suppose then the ease should go TO the supreme
Court, and the twelfth man should come forward
and state that he had been coerced and worried
into an agreement by his fellows against his
better Judgment; that il was only under the
stress OF mental anxiety or anguish that he nad
consented TO the verdict. In such case, do YOU
doubt that the Supreme Court would lnvalldatc
that verdict and order new trial? Or course,
the jury should be given ample time and every
opportunity TO agree but the demarcati0n between
deliberate conclusion and cOerclVe verdict should
be closely drawn. The law does not contemplate
an lnqusition to eXtort judgment from the mihd
Of the juror"
Have you received any request from the Jury
Tor SPECIAL instructions since its retirement %
nave not | have never been in the Jury
room ana indeed, | have no right to enter it,
7ohouiu lhey request any fuller Interpretation OF
any instruction which the Court has given them,
1hey can only request II formally and then il is the
duy OF the C4urt to call them into the court,
and there IN the presence of the defendants and
their attorneys interpret to the iurvs satisfaction
the law applying TO the evidence No such re-
quest has been mdde, and no reading of the record
Of evidence has been asked for
John Dewey yesterday morning called CAPTAIN
Nheuttiers attention 10 certain men i'm the court
f0Om at the recess and advised him 10 station
oficerS near them me captain did so. lie
Their actions have certainly been queer he said
"I have given Mr. Dewey the men he asked for
70 watch them, But l know no more about them
than he has told me-"