Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-12-19
of water, and this demand was complied
with: 1t the jury have made up their
minds to-day the judge will take the ver-
dot
From tuesdays Daily,

From tuesdays Daily.
In the district court yesterday an at
tempt was made to dispose of the court
cases. Several attorneys who were inter-
ested were not present, having engage
mcnts with the contest cases or elsewhere.
The jury in the Healy case were ont all
Sunday. and yesterday morning when
court opened at 10 o'clock the twelve jury.
n.en had been struggling with the evil
dence and the law for about forty hours,
and yet they seemed DESTROYS of struggling
some more.
At the morning session the court calen-
dar was taken up, and a few court cases
disposed of.
States Attorney Barnes moved that SEN
tence be passed upon Joseph NJ. Trammel
for diSpOsing of mortgaged property.
Judge Winchester said he had taken some
pains to look into this case, and the sen
tence would be that the defendant be con-
fined in the county jail tor ten days, and
pay a fine of five dollars.
II HEALY c IF.
The jury IN the case of BLY, vs.. IIealy and
Ecklund came into court during the after
noon, and through Mr.. Smith, the foreman.
put some questions to the court.
The first question asked was whether
the warrant that was put in evidence was
signed prior to the passage of the resolu.
ton reducing the bill of the county attor-
ney to $l09.50, or was signed when the
order called for Si25.
and on its face it showed that it was drawn
for S1095 so.
Mr.. Smith: There is one other question
the jury desires to ask. Can we render a
verdict on a single count, or must the YER
dict be sweeping? Must the defendants
be found guilty on every count in the
charge?
Judge Winchester: You are to find the
facts in each and every count in this com
plant. 1t is not necessary in this action
for you to find the defendants, or either Of
them, guilty of every charge. If you find
the defendants, or either of them, guilty of
any one of the charges referred to in my
former charge, as being sufficient for re-
moval from Office, you would be justified
fore you can find the defendants, or either
of them, guilty, you must find them guilty
of at least one OF the charges stated in the
0Am.nlaint and which is, as | have stated in
charge, sufficient cause for the removal
of the defendants, or either Of them.
MIR. Smith: One more quest1an: Are we
to decide whether it is sufficient cause or
not to remove the defendants, if we find
them guilty of a single count as set out in
the charge?
Judge Winchester: Your duties are done,
as / stated, when you find that the defend
ants, or either Of them, are guilty, or when
you find that the defendants. or either OF
them, are not guilty. The rest OF the work
remains for the court.
Aftpr Soma furthpr discussion the nharoa
was re read to them by Court S%tenogra-
pher Tuttle, and the jury retired again.
At $50 p. m. the jury came into court,
and they were asked by the Judge if they
had agreed upon a verdict. They answer
ed in the negative. The judge asked it
they desired more time. Foreman Smith
said that he did not think more timewould
be any good. A majority of the jury had
expressed the opinion that they would not
be able to agree.
Judge Winchester said that if there was
any chance of an agreement being reached
he did not desire to discharge them.
Mr.. Smith: 1t seems to me we are just
as far apart as we were at the start-if
anything we are further from an agree
ment.
Judge Winchester: Have you agreed to
disagree.
Mi. Smith: No. sir.
Judge Winchester: If there is any prob
ability of your agreeing, l should be
unwilling to let you go. This is a very
important case, and it seems to me that
you ought to make every effort to arrive
at a verdict.
Juryman Will: l have done my best,
but l don't believe we can come to any
conclusion whatever.
The judge said he was not finding fault.
He appreciated the circumstances. but he
hoped there might BE- a chance Of a con-
clusion being arrived at.
Mr.. Smith: There has been no such
hope expressed in our deliberations.
The judge then, after some further dis
c%ussion, sent the jury out again. The
judge, attorneys and everybody interested,
went home, each determined to sleep with
one eye open, expecting to be called dur
ing the night.