Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-12-17
IN THKJURY ROOM.
Judge NcConaell on the Influences Which
Brought About the Result.

Judge Mcdonnell on the Influences Which
Brought About the Result.
il was not until after noon to-day that
the Jury fnally came TO verdict, and then
il was that Juror Culver, who had been
voting Tor a,quittal for All the defendants
since the Jury weut Ous, consented to s
c9nnoromise. The other j1rors were for
hanqing Burke, Coughlin and O'SullivaD,
while he was for letting them all of Mr.
Culver finally agreed to q life sentence for
the three. The Jurors were practically
unanimous 90 the subject OF Beggs' scqult
tsl. and but little time was needed TO hS
Kuuzes's term Of imprisonment.
What DO you think Of the verdict,
Judgs2" asked the Associated Pless repre-
sentative Of Judge Mcconnell alter the ad
tournament OF court for the day.
'Judicially. OF course, can pass nI
opinion upon the verdict. As an indi
yidual. however, aud without being eogni
zant Of all The proceedings in the jurl
room. might say that think the veIdie
ia the result Of probable objection OF SOM
iurors 10 the death penalty on circum
stautial evidence
JUROR CULVER'S STAND.
"Mr. Culver, probsby?'
''No: not Mr. Culver, necessarily. un
derstand be was Ia favor Of acquittal iron
the start It WAS only after long an'
/ harassing deiiberatiOn that lie formally
agreed with the rest upon this verdict
You will probably fod that Mr.. Culsei
was not the only man upon the jury VIII
was opposed to the hanging Of the thre'
principal defendants.
"Bu. the Jurors all swore In being eX
smined a. 20 their competency that they
bad no conscientious scruples against cApt
tai puuishmsnt on circumstAniAl evil
dence
"Thst is all true. Bot behind all tha'
each man probably had
A MENTAL RESERVATION
that the evidence must be convincing be
yond reasonable doubt Now, II some o.
these men should think there WAS ever
the faintest shadow Of a doubt rs to the
guilt Of these three men, DO you not see
hos natural 10 would be for them TO men
tally reserve TO compromise the mailer
with their cOnsciences. No matter 10"
conclusive their Judgment might be BY
favoring life Imprisonment in lieu Of the
death penalty, all because The case was one
Of circumstantial evidence
Then you think that innate scfup.e'
against circumstautial evidence probably
controlled the verdict'
'I DO not say that. I say that juroI
might almost unconsciously have an ooJec
ton 10 circumstantial evidence, and vel
never be fully aware Of 1t uutil great cast
like this. involving human life, caused hin
to pause, and finally, to guard against TN
possibility OF error,
FAVOR LIFE IMPRISONMENT
M lieu Of the death penalty. The law ma,
be indexible bat men are human. OF
know the objection to circumstantial evi
dence has become so stroug in Michigan
aud possibly other States, that there they
have statute precluding the imposition
the death penalty
''I suppose you feel relieved that tnef
has not bsen q disagreement
'I do most assuredly, although II tn
iury had disagreed, aud it had beoom
necessary 10 try the case again l shout
not have fiuched from presiding over tn
case again. In fact, l tank should
rather have preferred to, in view OF all tn
circumstances.