New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-26
THE JURY DID NOT AGREE.
TEN WERE FOR THE CONVICTION OF IVES.
SURPRISE EXPRESSED BY THE REcoRDER--THE
PRISONER DIssATTsFIED-To ARRANGE
FOR AN EARLY NEW TRIAL.

SURPRISE EXPRESSED BY THE RECoRDER-THE
PRISONER DIssATIsFIED-To ARRANGE
FOR AN EARLY NEW TRIAL
The Jury in the Ives case, after casting more than
twenty ballots agreed that they could unanimously
settle the question Of the guilt or innocence of the
defendant Recorder smyth expressed his regret and
discharged them. The last vote taken showed that
ten jurors for conviction and two for acquital
such majority would, in Scotland have secured the
conviction of Ives, and curiously enough of the
TWO men in the minority a Scotsman. or a man OF
SCOTTISH decentralization. known as Irepresslbe
Number Four and as the defence's John Anderson.
my Jo The other Juror who thought that the prose-
cuton had failed to prove It's case was Robert Saussy
Ialks with several Of the Jurors revealed these facts
ana 1t was further learned from them that at first
hec were four OF them for Ives the two who changed
oeing Abraham Unger and Dwight W. Clark
AT IL ;4o yesterday morning the jury came into
The courtroom. For three-Quarters Of an hour the
Recorder had been dealing with minor cases. But
the immense attendance Of spectators interested in the
ives trial waited patiently Ivess counsel quietly
among the general public until the jury came in.
linen they took their usual seats in the front Of the
mousse Ives was not there, and he had be sent for
Inc Jury also had TO be sent for, as the Recorder
hrst wanted to hear what counsel on both sides had
10 say about communication he had received from
me Jurors. Colonel Fellows did not say much about
H. Mr.. Brooke. with a look on his rIddy face that
certainly did not betoken dissatisfaction, remarked
IN the most subdued and deferential tones he used
during the whole OF the trial.
IT'S a matter, your Honor, entirely between
tho Court and the jury. We will GquIesce, your
Honor, in whatever Is agreed OnD
Then the iurymen, in various degrees Of mental
and physical dnap1atlon, a result OF their vigil
filed YEARLY into their places Being asked II they
had agreed upon a verdict the foreman replied that
they had not. Then tho Recorder said in part
Gentlemen Of the jury, 1 received commune
cation from your foreman, which 1 have submitted
TO the DstrictAttOrney, also to the counsel for tho
defendant. After reading this communication, i
come to the conclusion, as it is the unanimous
opinion OF the jury that It is impossible for them
to agree upon verdict, and relying upon the state.
ment that they have made every honest effort to do
so within their power, that do not
deem 1t Just proper to dotan you
further from your business and your homes.
| regret exceedingly that in case which has taken
much time and where the facts were so clearly
presented as they were in this case jury Of twelve
gentlemen have been unable to arrive at conclu-
sion one way or the other upon the question of the
guilt innocence of this defendant | release you
from further consideration of this case and discharge
you from further attendance"
Mr. Block was Immediately surrounded by people
anxious to hear all about the balloting. District
Attorney Fellows, seeing this, interfered lie al
lowed the foreman to make public the fact that the
final vote was ten for and two against conviction.
but he told Mr. Block not TO give names or tell any
thing about the number Of times the jury tried to
find a verdict.
The counsel for the defence satisfied
Are you pleased?n said The Tribune reporter to
ex-Judge Fullerton.
SO far so gOod,' replied the veteran jurist.
But Henry 5. Ives Is dissatisfied because he was
not acquitted and Distrlct-Atorney Fellows and his
assistant, Mr. Parker, dissatisfied because Ives
was not convicted. Ives overheard to whisper to
Mr. Brooke that he very much disappointed in the
verdict that he expected acqultta. "This is as
bad as a conviction" said he. Mr. Brooke tried to
comfort him, but the most &" nervy" young man in
America would hardly be cOnsoled.
spent last night In the Tombs, but he did not
90 there untll late in the afternoon lie and Mr..
Brooke mysteriously disappeared for several hours
To-day the Recorder Will listen to arguments Of
counsel TO the dwelling place of Ives pending
possible new trial. IS held I'm $250,oo0 bail on
a civil suit, and even if he had been acquitted he
would have had 70 20 TO Ludlow street Jail again.
Disappointed ~ said Colonel Fellows, in talking
about the trial, yes. of course | am, after such
long trial, and when there was Just expectation OF
a conviction, TO have no result! Yes, we undor
stand that the vote 10 To =, and consider that
that is substantially verdict, and SATISFIED that
the public stand in the proportion In regard TO
Ives's guilt We shall arrange for a new trial as
soon possible.
Assistant District Attorney Parker. who has worked
on the case with all his might, was, IT was easy to
sec, deeply disappointed Said he: Il havo never
seen heard OF case more clearly proven, ana 10
is manifest that the decision OF the jury hung by
thread The people viii bring the defendant up again
for trial at the earliest practicable moment