The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-12-16
NO VERDICT GIVEN YET.
TIE PUBLIC BEGINNING TO LOOK
FOR a DISAGREEMENT
The state,s At.orney san conadent

Jury's Deliberations Need Not Mean
an lrrecoucilable Disagreement.
CHICAGO. Dec I5.-Another day OF de-
liberation has passed without bringing any
Serdict from the Cronin jury. At $3.50
o'clock this afternoon Judge Mcconnell left
the court room, stating that he would again
be 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 verdict during the night a
bailiif might then conduct them TO a hotel,
but that the verdict would not be received
by the court until tomorrow morning
Rumors Of ali kinds have been alioat TO. day
and tonight.
A &IsTRIAL EXPECTED.
However erroneous it may be, the public
appears to have hastily arrived at the con-
cluslon that there is to be a disagreement
OF the jury, and that the old attempts at
jury brloing have Ia some mysterious way
proven successful. The statement that John
culver OF Evanston, Presbyterian, and
one OF the most respected citizens of his
community, is the disagreeing Juror has,
however, tended TO shake this conclusion
somewhat. and the more conservative are
contented to await further results before
condemning anybody
MAY BE ON A MINOR POINT.
1t is quite possible that Mr.. Culver's
ohstlnacy may only apply to some minor
point in the case, or to the guilt of Kunze
or Beggs, although the reports most cur
rent are That he Is voting on the broad
question of the guilt Of the prisoners as a
Oh afafZ
tive citizens generally deprecate the severe
structures made by the local papers upon
Mr.. Culvers supposed obstinacy, and no
man In the city is probably more slnguine
OF an ultimate agreement than is the public
prosecutor himself.
THE JUDGE EXPECTS VERDICT.
An Associated Press representative called
upon Judge Mcconnell at his residence this
afternoon and questioned him regarding the
status OF the jury. 81 had no intimation,n -
said his Ihonor, that the jury thinks
1T will be unable to agree, and | am of the
opinion that verdict will be ultimately
reached. | did not expect that any verdict,
even if agreed upon, would be turned in TO-
day. 1t is, in fact, doubtful whether the
jury is considering the case at all to-day.
Most of the mem oers are religious men.
members OF some church, and it is altogether
likely that il any particular man demurred
at considering the matter to-day the jury
would at once acquiesce in his scruples aud
postpone further deliberation till tomorrow.
DON'T EXPECT A DISAGREEMENT.
"You do not, then, share in the general
belief that there will be disagre@nentp'
~ do not. feel quite confident that the
jury will agree in time. There is no good
reason for this hasty conclusion of disa-
greement. There are thousands of instances
where juries have been out much longer
than this and yet finally agreed upon a
verdict"
A COMPROMISE VERDICT.
"You anticipate a sort Of compromise
verdict, then?n
"All verdicts are naturally compromise
verdicts as you term them. II they were
not, it would mean that the opinion Of each
of the twelve men was identical upon the
question of guilt Immediately upon retir-
ing. AS a matter of fact that is rarely, If
ever, the case. In case where there is so
much to consider as in this, departure
from the rule could hardly be expected.
The verdict of jury is necessarily com
posite one. 1t is intended to bs. If it were
not there would be no need OF twelve men,
but jury might just as well be composed
OF one. 1t Is the consensus Of opinion that
the law contemplates twelve as being most
Aholy w LuouI6 JustlCes
THE JUDGES INTENTIONS.
SIT is stated that you intend to keep the
jury out until they do agree in this case, a
week or two, if necessary. Is such your
intentionp
"0f course it would be improper for me
to state at this time my intentions, even il
| could anticipate causes which might lead
to such determination. 1t must be borne
in mind however, that the court must
necessarily exercise discretion in such
matter as that. The supreme court may
have to pass upon this casen
WON'T coERCE THE JURY.
dropping the Cronin case altogether, |
will Illustrate with an imaginary case.
Suppose we have a case where eleven men
are agreed upon the question of the guilt Of
the defendant 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-one man still hold
ing out against eleven. Suppose. then, as
you suggest, the judge should order them
out indefinitely, after they had stated
their inability to agree, and ultimately force
them to verdict, the eleven men all the
time arguing with, demonstrating with,
and chiding1 the twelfth. Suppose the
case should then 60 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 it was
only under stress of mental anxiety or
anguish that he had consented to the ver-
dict. In such case, do you doubt that
the supreme court would invalidate that
verdict and order new trial? Of
course the jury should be given ample
time and every opportunity to agree, but
the demarcation between deliberate con-
clusion and coercive verdict should be
closely drawn. The law does not contem-
plate an inquisition to extort Judgment
from the mind Of a juror"
NO SPECIAL INSTRUCTIONS ASKED.
slave you received any request from the
Jury for special instructions since it retired ~
81 have not. have never been in
the jury room, and, indeed. / have
no right to enter IL. Snould they
request any further Interpretation of
any instruction which the court has given
them they can only request it formally, and
then it is the duty Of the court TO call them
into court and there, in presence of the de-
PENDANTS and their attorneys, interpret TO
the Jury's satisfaction the law applying to
the evidence. No such request has been
made and no reading of the record Of the
evidence has been asked for.n