Evening journal., 1891-12-05
ELEVEN CONTRARY MEN,
FRED cHoATE sHANes THE BEN
NETT JURY.

The Oldest Man on the Jury Says He Is
an 9dtot-He Has Been a Hangmah
From the ssart-Another Trial Prob
able.
Immediately after court reconvaned
yesterday afternoon Judge Cuuen
charged the jury in the Bennett Will case
He carefully reviewed the charges 40
livered by the different judges IN tne
will eases heretofore tried, and oasso MS
charge upon them. While his cnsrge
wac strictlv imnartial 1t tended to inn
press the Jury In favor Of Mrs. Etheridge
and the last WILL ),
At815 o'clock the jury retired to its
room and began its deliberations, and the
court proceeded with other business.
netition in behalf of Sheriff Simmons
was presented by Mr.. Nields, asking
that he be allowed to turn into the court
s654 6g. derived from the sale Of the
property of John J. and sallie g
Dongherty. There was, he said, dis
agreement among the lien holders that
he could not adjust The petition was
granted,
The frst jury drawn was in the case OF
Liberetti Rivelli, an italian, VS.. Connell
& Keenan,. he was represented by vii
liam I. Lyman. The firm were con
tractors on the B & 0. railroad. Rivelli,
who was a stone dresser. cut l,2Ul feet
of stone between May 3 and June ~,
1888. He received but $15 OF the $52o
due. The jury allowed him $Si4 %,
which Included principal and interest.
Ths iurors we're then discharged from
further attendance until Monday morn
ing at 10 o'clock.
Court then adjourned.
The Bennett Jury Hung.
The Bennett jury was hung fron the
first. 1t stood II to ! in favor or the
last will, and that one who held out was
Young Fred. Choate of Newark, who has
hung almost every jury he has been on
and who IL regarded as an lntimats friend
of William s, Hilles, the attorney for
the Fisher Pyle will
Seeing how things were, the married
Jurors sent word to their wives that
they would not be home until morning,
and partook Of supper in the jury room.
A disagreement has been expected ever
since it was knewn that Choate was on
the Jury. He is the man who held out
in the Smith burglary case against
eleven for conviction and had to be whip
ped in with the tongue. de also hung
the Ludwig jury. Ten or eleven ballots
were taken but they never varied. None
of the jurors slept until o'clock this
morning
At 10 90 o'clock this morning the jur.
ors, tired out aud sleepy, filed inso th'
court room aud announced that they
were unable to agree. They wanted tbs
Jury polied, but the court would not per
init it. The eleven are very much in
censed against Choate. In the jury
room they guyed him numerically and
one man threatened to bounce him.
When it became known that be hat
hung the Jury the corridors of the Cour
House we're crowded with men who dis
cussed the matter and sondennei
Choate.
To this Choate replied that he vote
according to his conscience aud was no
to be swayed by sympathy.
1t is likely that the ease will be trie
again.
John e. Rodney made motion TO Sc
aside the sheriff said OF the property 0
Theodore d. Pratt on the ground Of gros
inadeauacy OF price. The property con
sists of two lots, and they we're pun
chased by George w Bush, the mortgage
No is lot at Lancaster avenue an
Lincoln street, with a frontage Of 10
feet on Lancaster avenue. Ii sold 70
$500. The other lot is at Lincoln an
Chestnut streets, and is 24O b
$50 feet. It sold for 50 600
Thomas Samworth, Peter J. Ford
James Ferry and Theodore H. Pratt weI
called to testify to the value of the land
Their testimony went to show that theI
was gross ina1equacy of price in the frs
lot aud the court set the sale aside. IN
witnesses set its value at about 81 800
The sale Of the second lot was cor
frmed, as the witnesses called were {
the opinion that it was not worth moi
than il sold for The purchaser Of th
lots was represented by Messr
Spruance and Nields.
Court then adjourned until Mondi
afternoon at 2 O'Clock,
Opinions Concerning ChOate.
One Of the oldest men on the ju
said. Young Choate is an idiot
A disintsrested lawyer said cit is an OF
rage upon the jury system that such
nincompoop should be allowed to sit in
Jury box. he should be in an insa
asylum