Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-12-16
HOURS OF WAITING
LBNGIHgN OUT But THB JURY NOT HEARD
PROM.
No Verdict Returned in the CrOnin Case s-Wild Ru-
mors Of Dsigrsemsni-Jutgs McOOnrsll's
.OPiniOn-Hs Expects Verdict To-
Day-Ihs Outlook


CHICAGO, December 15.-Another day
of deliberation has pissed without bring
ing any verdict from the Ctonin Jury. At
$50 this afternoon Jadgs Mcconnell left
the Court room stating that he would
again be on hand 10 receive any return the
Jury might have 10 make at ten o'clock
tomorrow morning. The only instruc-
tions he gave were that, il case the Jury
succeeded in arriving at verdict during
the night, the bailiff might then conduct
them 10 the hotel, bat that the verdict
would not he received by the Oourt until
tomorrow morning. Rumors of all kinds
have been sfoat to-day and tonight
However erroneous il may be, the pu5lic
appears 10 have hastily arrived at the COLI
clusiOn that there g to be q disagreement
of the Jury, and that the old attempts at
Jury bribiDg have in some mysterious way
proven successful.
THE DISSENTING JUROR.
The statement that John Culver, OF
Evanston, Prssby terian, snd one OF the
most respected citiz MS Of his community,
is the disagreeipg juror, hee, however,
tended 10 shake this conclusion somewhat; ;
and the more conservative are contente
to await farther results before cOndemning
anybody. 1t is quite possible Mr.. Culver's
obstinacy may only apply TO some minor
point in the case, or tC the guilt of Kunze
or Beggs, although the reports most cur
rent are that he is voting no on the broad
question of the guilt of the prisoners aa q
body. The States Attorney and con-
servative citizens generally, deprecate the
severe structures made by the local papers
upon Mr. Oulver's supposed obstinacy,
and po man in the city is probably more
sanguiLe of an ultimate agreemeut than is
the public prosecutor himself.
JUDGE M'CoYNELL's OPINION.
An Associated Press reporter called
upon Judge Mcconnell this afternoon, and
questioned him regarding the reported
status of the Jury: II have no intims-
tiOn," said Hia Honor, THAT the Jury
thinks it will not be able 10 agree, AID |
am Of the opinion that a verdict viii be
ultimately reached. did not expect thst
any verdict, even If sgreed upon, would be
turned in to day. 1t is donbtful whether
the jary is considering the Case AZ all to-
day. Most of the members are religious
men, members OF some church, and it is
altogether likely .hs: if any particular
man demurred a. considering the matter
today, the jury WO1ld at once scquissce
in his scrupies ard postpone further de-
lb.ratons until tomorrow"
HE EXPECTS a VERDICT.
"You 60 not then share in the general
belief tlat there will be n disagreemeni?"
81 do not. feel quite confident That
the jury will ugree ia time There is 70
gocd reason for this hssty conclusion Of a
disagreement. There ere Thousands Of in
stances where juriss have been out much
longer than TINS and yet finally agreed
upon a satisfactory verdict"
"YOu anticipate a sort of compromise
verdict, them"
"All veIdicts are naturally compromise
verdicis as you term them. Ii they were
not, il wOnld mean that the opinions Of
each Of the twelve men were identical
upon the question of guilt immediately
upon retiring. As matter of fact, that
is rarely, if ever, the case. Ia q case
where there is no much TO consider, az this,
a departure from the Inle could be b. rdly
expected. The verdict OF q jury is noces-
saIily a cOmposite one. Ii is intended to
be. II it we're not there would be no netd
of twelve men, but the jury might just ss
we'll be composed Of one. 1t is the con-
sensus OF opinion that the law contem-
plates as being the most likely TO ensure
justice"
THE JUDGES INTENTIONS
"It is stated that you inteud to keep
the Jury out until they do agree in this
case, o week or two if necessary. Is sucl
you intentior?"
'Oi course it would be improper for me
to state at this time my intentions; even
il could anticipate the csuses which
might lead TO such determination. II
must be borne in mind, however, that toe
court must necessarily exercise discretion
in such a matter as that. The SupTems
Court mey have 70 pass upon thus case
Dropping the CrOoin case altogether, |
will illustrate with gn imaginary case.
Suppose we have case where eleven
men are agreed upon the question
of the guilt of the defendant,
aud the twelfth believes in his innocence.
That Jury will say, is kept out two or
three day aud the status of opinion is the
came, the one man still holding out
against the eleven. Suppose ther, AZ you
suggest, the Judge should order them out
definitely after they had stated their in
ability 10 sgree, and ultimately force
them to verdict, the eleven men all the
time arguing with, demonstrating with
and chidiDg the twelfth.
4 COERCIVE VERDICT.
Suppose, then, the case should 90 the
Supreme Court and the twelfth man should
come forward and state that lie had besn
coerced and worried into Gu sgresment by
his fellows, against bis better judgment;
that it was only under the stress Of mental
anxiety or anguish that he bad consented
to the verdict. In such a case do you
doubt that the Supreme Court would in-
validate that verdict and order new trisi5
OF course the Jury should be given ample
time and every opportunity to agree, bat
the demarcstiou between deliberate con-
clusion and cpercive verdict should be
closely drawn. The law does not contem-
plate an irquisitiOo TO txtort Judgment
from the mind of the Juror.
NO REQUEST FOB INSTRUCTIONS.
"Hays you received any request fom
the Jury for special instructions sincs its
Il have not I have never been in the
Jury room, and indeed have no right to
enter IT, Should they request sny fuller
Of any instruction which
the Court has given them, they can only
rtq nest j: formally, and then it is the duty
OF the Court to call them into the court
room, and there, in the presence Of the de-
PENDANTS and their attorneys, interpret to
the ury's satisfaction the law Supplying to
the evidence. No such request has been
made, and no ruling Of the record OF evil
dence has been asked for"