The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-12-16
YET IN THE BALANCE.
Eleven Cronin Jurors in One
Scale: One in 'Tother.
JUDGE MconsELL's VIEWS.


GRAFTON has passed without bringing any
verdict from the Cronin jury. AT $50 this
afternoon Judge Mcdonnell left the court
room, stating that he would again Dc on
hand q receive any return the Jury might
have 70 MAKE At 10 O'Clock on Aonday
morning The cnly instructions he gave we're
that in case the jary arrived Al verdict dur
ing the night, the bailiff might conduct
them 70 hotel, bar that the verdict would
not be received by the court until tomor-
row morning. Ramors Of all kinds have
been afioat today and tonight. However
erroneous it may BE, the public appears 10
have hastily arrived conclusion that there
is 10 be disagreement of the jury and that
the old attempts at jury-bribing have in
some mysterious way proven sue
cessful. The statement that John
Culver, Of Evanston. a Presbyterian
and one OF the most respected citizens OF
hts community. is the disagreeing juror
has, however, tended to shake this con-
cIusion, and the more conservative are con-
tented TO await further results before con-
demning aaybody. II Is quite possible
that Cnlyer's obstinacy may apply only to
some minor point in the case or to the
guilt OF Kunze and Beggs. although the
on the broad question OF the guilt of the
prisoners as q body. The states attorney
and conservative citizens generally depre-
cate the severe structures made BY the local
papers upon Culver's supposed obstinacy,
and no man in the city is probably more
sangutne OF sn ultimate agreement than
the public prosecutor himself. The Asso-
ciated Press representative called upon
Judge Mcconnell this afternoon and ques-
toned him regarding the reported status
of the jury. His honor said:
~ have had no intimatioa that the jury thinks
il viii be unable TO agree, and am of the opin-
lon that q verdict VIII be ultimately reached.
/ did not expect any verdict. even II reached
would be turned in today. II is. ia fact. doubt
fui whether the jury is considering the case AZ
ali today. Most OF fss members are religious
men, members OF some church, and il Is alto
gesher likely that If any particular maa de-
INJURED at considering the matter today the jury
veald Al once sequiesce IN his scrupies and
postpone further deliberations until tomorrow
You do not share their belief that &ere VIII
be disagreement"
u do not. feel quite confident the jury viii
agree in time. There is no good reason for this
hasty conclusion OF disagreement There are
thousands of instances where jHries have been
ont much longer than this, aud yet finally
agreed upon q verdict
III is stated that yen intend 10 keep the jury
out until they do agree In this case. week or
twof necessary. Is such your intentions"
"of course IL would be improper for me TO
state AZ this time nay intentions. even II | could
anticipate the causes which might lead 20 such
q determination. 1t must be borne In mind.
however, that the court must necessarily exer-
else discre ton ia such matter as that The
supreme coart may have to pass upon this case.
Dropping the Cronin case altogether. viii IL
lustrste with an imaginary case. Suppose We
have case where eleves men are agreed upon
the question OF the guilt of q defendant aud
the twelfth believes In his Innocence. That
jury, we viii say. IL kept cut two or three days
aud the status OF opinion Is the same, one
maR stiil holding out against the eleven
suppose. then, the Judge should order
them out indefinitely. after they had
stated their inability 20 agree. and
ultimately force lheaa 20 . verdict The eleven
men would be ell the nme arguing with and re-
monstrating and chiding the twelfth suppose
then the case shall 60 % the supreme court and
the twelfth man should come forward anl state
that he had been coereed and worried into an
agreement by his fellows against his better
Judgment That is. II was only by stress Of
mental anxiety or anguish that he had consented
to the veniict. Ia that case do yoa doubt that
the supreme court would inyslidate that YER
diet and order q new trisl7 OF course the jury
shoald be given ample time, and every oppor-
tunity 20 agree, but the demarcation between q
deliberate conclusion aud coerive verdict
should be closely drawn. The law does not
contemplate sn inquisition to exsort Judgment
from the mind OF juror"
Have you received auy request from the jaEy
for special instructions since It's retirement7+
II have re- / have never been In the
jnryfoom. and. indeed, have 40 right 20 enter
IL should they request any fuller inserpreta
ton OF any instruction which the court has
given them. they can only request il formally
Then IL il the duty Of the court 70 call them into
court and there, in the presence Of the defend
ants and their attorneys, interpret 20 the tury's
satisfaction the law applying 10 evidence. No
such request has been made, and no reading OF
the record or evidence has been asked for"
"In case OF DISAGREEMENT OF the jury viii The
case be tried again before you. or can the de-
PENDANTS take change Of venue out OF the
c0antys''
Defendants can, by the customary sfidsvits.
take q change Of vepae from consecutive
judges. and probably sseeee& in having 1t tried
out OF the county. There are FIVE defendants
and each of the defendants can twice have an
opportunity Of dem aniing change Of venue, so
thstA change eould be successfully taken from
ten jedseS"
whist county would these changes of venue
proh&hiy take the case 20 eveutuaIiyg'
Likely roLaks or Outage county. They are The
nearest counties 20 Cook Remember. in an.
swering these questions / am not attempting 10
pseGic; what defendants attorneys woald do,
out simply whst they coaid DO under the iaw
By awaiting themselves Of all It's pfosis!onGn
A DETERMINED MAN.