The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-12-16
A Rumor That One Man is Causing
the Tiresome Delay by Re-
fusing to Convict
Judge Mcconnell Thinks That a
Verdict Will Surely be Re
turned by the Jury.


CHICAGO, Dec. l5.-Another day Of deib-
Grafton has passed without any verdict from
the Cronin jury. At $3.50 this afternoon
Judge Mcconnell left the court room stat
ing he would again be ON hand TO receive
any return the jury might have 10 make nj
10 o'clock Monday "A. m. The only nstruc-
tions he gave were that in oase the jury ar
rived At verdict during the night the bail
III might conduct them TO hotel. but
the verdict would not be received
by the court until tomorrow morning.
Rumors of all kinds have been nHoat to-day
and tonight. However, erroneous it may
be, the public appears to have hastily ar
rived at the conclusion that there is 20 be a
disagreement of the jury and that all at
tempts NJ jury brihing have in q mysterious
way proven successful. The statement that
John Culver, of Evanston, Presbyterian
and one of the most respected citizens of
his community, is Il disagreeing juror. has,
however, tended 20 shake this conclusion
and the more conservative are contcnted 10
await further results before condemning
anybody. 1t is quite possible that Culyor's
obstinacy may apply only TO some minor
point in the case or to the guilt OF kunSe
and Beggs although reports most current
are that he Is voting ON this broad question
of the guilt Of the prisonersas body. The
states attorney and the conservative citi-
zens. generally deprecate Che severe strict
ures made 10y the local papers upon Culyor's
supposed Obstinacy and no man IN the city
is probably more sangnine of nm ultimate
agreement than the public prosecutor bim-
self. Associated press representatives called
upon Judge Mcdonnell tins afternoon and
questioned him regarding the reported stat
us of the Jury. II have had no intimn-
tiun, said his honor, concerning the iury.n
In case of disagreement of the jury, will
the case be tried again before YOU, or can
the defendants take n change of venus out
Of the countyY The defendants oan 10y
customary Rilid9vits take change of venue
from ten consecutive judges and can pro-
badly succeed in having il tried out of tile
county. There are live dofendantsand each
defendant can twice have AN opportunity
iuf demnnoing a ch lnge OF venue, 80 that
change could be successfully token from
ten Judges "What county would these
chnnges of venue probably take the case to
eyentually" Likely to Lake or Dupage
county, they are the nearest counties to
Cook. Remember, now. IN answering these
questions am not attempting 10 predict
what the defendants attorneys would do,
, but simply state what they could
do under the law by availing
themselves of all of its provisions.
OF course il would bc improper fof me to
state at this time my intentions. even IL
could anticipate causes which might lend 20
such determination. II must he borne IN
mind, however, that the court must neces-
sarily exercise discretion IN such matters ua
the supreme court may have Ia pass upon
this case. Dropping the CrOnn case alto
gcther will illustrate with an Imaginary
case. Suppose we have n case where eleven
mcR are ngrced upon the question
| Of guilt of the defendant, and
| the twelfth believes ia his Innocence.
The jury, we will SAY. arc kept out two or
three days and the status II opinion il the
same; one man still holding out against
eleven. suppose then the Judge should
order them out indefinitely after they had
stated their inability, and ultimately force
them 10 n verdict. the eleven men an the
time arguing with. demonstrating and
clllding the twelfth. Suppose then the case
should 20 % the supreme court md the
| twelfth man should come forward and state
| that lac had been coerced and worried
into an agreement by his fellows
against his better Judgment; that
II was only under stress Of mental nnxiety
or anguish that he had consented 10 the
verdict. In that case do You doubt that the
supreme court would invalidato that YER
dict and or er n new triaY OF course, the
| jury would be given ample time aud every
| opportunity 10 agree, but the demarkation
between deliberate conclusion and a coer-
Give verdict should he closely drawn. Tie
law does not contemplate mn nquisiiion ~
exhort Judgment from the mind Of a
| juror" Have you received any
| instructions since its relifementYn
IL have not, have never been in the Jury
room, aud indeed have NO right TO enter
/ it, Should they request my fuller interpre-
/ tntion of any instruction the court haa
given them they can only request II form
ally. Then il IL the duty of the court t0
call them into court and there In the pres
ence Of the defendants and the attorneys in
terpret t0 the iufy's satisfaction the law APP
plying 10 the evidence. No such request
has been made aud no reading Of record or
evidence has been asked for.
think IL will be unable 10 agree aud ! nm
/ of the opinion that verdict will be ulti-
mately reached. ! did not expect TINT any
verdict, even IL reached, would be turned in
to-day. II is In fact doubtful whether the
1 Jury is considering the Case at all to-day, An
/ most OF lla fneiuDcih are IcllRlOuh men ana
members OF some church, and IL is nlto-
Rether likely If any particular man de-
INJURED nj considering the matter to-day, the
| jury would at once aoquiesce in his scfuples
/ and postpone further deliberations until
tomorrow" you do not share then In the
belief there will be Disagreement II do
not. feel quite confident the jury will
ngree III time, as there IL no good REASON for
this hnsty conclusion Of disagreement.
! There are thousands OF instances where
! iuries have been out much longer thRn tins
and yet finally agreed upon verdict
EVANSTON, ILL.,, Dec. ia representative
/ Of the Associated Press called tonight nt
the home Of John Culver the supposed OBJ
/ iecting juror IN the Cronin case. and had
AN interview with his wife who has been
charged in the Chicago papers with having
Ind secret and presumably improper con-
yersBtion with her husband before the Jury
had retired. The family is greatly agtated
over the reports IN the papers. Mrs. Culver
! told Of her actions ON Friday, saying shs
| sent her son down town In the morning 10
tell BAilih Snnbn whom she knew well that
hhe would not take dinner with her
! husband M she hAd been accustomed to DO.
In the afternoon when she saw ber husband,
Bailiff Santa stood right beside them and
heard every word they said. She only spoke
! of not having come down 20 dinner, etc.
| She did not endeavor to hold any private
| conyergatiou with her husbaud In regard