Los Angeles daily herald., 1889-12-16
NO VERDICT YET.
The Cronin Jury Still Delib-
r. Grating.
RUMORS OF ALL KINDS AFLOAT
Juror Culver Holding Oat Against
Eleven Stubborn Men-Judge
Mcconnell Talks.
Associated Press DiaDatcAo. to the HERALD

lof deliberation has passed without
bringing any verdict from the Cronin
Jury. At s 80 this afternoon Judge Nc
Council left the courtroom, stating he
would be on hand to receive any return
the jury might have to make at 10
O'Clock Monday morning. The only in
structions he gave we're that in case the
jury arrived at verdict during the
night, bailiff might conduct them to a
hotel, but that the verdict would not be
received by the Court until tomorrow
morning.
RUM0Rs OF ALL KINDS
Have been afoat today and tonight.
However erroneous it may be, the public
appears to have hastily arrived at the
conclusion that there is to be q disagree.
ment Of the jury, and that the
old attempts at jury bribery
have in some mysterious way
proved successful. The statement
that John Culver, of Evanston, a Pres
byterian. and one Of the most respected
citizens in this community, is the dis
agreeing juror. has, however, tended to
shake this conclusion, and the more
conservative are contented to await fur
ther results before condemning anybody.
1t is quite possible that Oulver's OBJ.
stinacy may apply only to some minor
point in the case, or to the guilt of Kunzs
and Beggs, although the reports most
current are that he is voting no on the
broad question of the guilt OF the pris-
oners as body. The States Attorney
and conservative citizens generally dep
recate the severe structures made by
local papers upon Culver's supposed ob-.
stinacy, and no man in the city is prob
ably more sanguine of the ultimate
agreement OF the jury than he Public
Prosecutor himself.
JUDGE MCCONNELL INTERVIEWED.
An Associated Press representative
called upon Judge Mcdonnell this after
noon and questioned him regarding the
reported status of the jury. 81 have
had no intimation," said his honor,
.'thst the jury thinks 1t will be unable 10
agree, and l am of the opinion that
q verdict will be ultimately reached.
did not expect that any verdict, even if
reached, would be turned in today. It is
in fact doubtful whether the jury is con-
sidering the case at all today. Most Of
its members are religious men and men,
bers of some church, and it is altogether
likely If any particular man demurred at
considering the matter today the jury
would at once acquiesce in his ecruples
and postpone further deliberations until
tomorrow"
"Y0u de not share then in the belief
that there will be disagreement?
81 do not. I feel quite confident the
Jury will agree in time. There is no
good reason for this hssty conclusion of
disagreement. There are thousands of
instances where juries have been out
much longer than this and yet finally
agreed upon verdict"
cit is stated you intend to keep the
jury out until they do agree in this
case--a week or more ii necessary. Is
such your intention ?'' - l4
| "Of course, it would be improper for
me to State at this time my intentions,
even If / could anticipate cases which
might lead to such determination. It
must be borne in mind, howe yer, that
the Court must necessarily exercise dis
cretion in such a matter as that. The
Supreme Court may have to pass on this
case. Dropping the Cronin case alto
gether, will illustrate with
AN IMAGINARY CASE.
"Suppose we have case where eleven
men are agreed upon the guilt of de-
fendant and twelfth believes in his in
nocence. 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
\ the judge should order them ont indefi-
nitely after they had stated their inabil.
| ity and ultimately force them to YER
dict-the eleven men all the time arguing
with, demonstrating with and chiding
the twelfth. Suppose then the case
should 60 to the Supreme Court and the
twelfth man should come forward and
state that he had been coerced and wor-
ried into an agreement by his fellows
against his better judgment; that it was
only under the stress OF mental
anxiety Cor anguish that he had
consented to the verdict. In
the Supreme Court would invalidate
that verdict and order new trial
OF couree the jury would be given ample
time aud every opportunity to agree, but
the demarcation between q deliberate
vNSASaN~ASAA ohA q S0OACtV0 vOEulCb buUulU
be closely drawn. The law does not
contemplate an inquisition to extort
judgment from the mind Of the Juror"
NO SPECIAL INSTRUCTIONS ASKED FOR.
"Have you received any request from
the jury for special instructions since its
retirement?"
81 have not. ! have never been in
the jury room, and indeed / have no
right to enter it. Should they request
my fuller Interpretation of any instruc-
tion which the Court has given them,
they can only request it formally; then
1t ia the duty Of the Court to cali them
into court, and there, in the presence of
the defendants and their. attorneys, in.
terpret to the jury's satisfaction the law
applying to the evidence. No such re-
quest has been made and no reading of
the record or evidence has been asked
for"
"Tn case of the disagreement of the
jury, will the case be tried again before
you, or can the defendants take change
of venue out OF the county y"
"The defendants can by the customary
afidavits take change of venue from
ten consecutive Judges, and probably
succeed in having 1t tried out of the
county. There are five defendants, and
each defendant can twice have the op-
portunity of demanding a change OF
venue, SO that a change could be sue