Los Angeles herald., 1891-07-23

In conclusion Mr.. McLachlan said
that he had tried to do his whole duty
in the case. He felt sympathy for the
mother OF the defendant, but he had not
let his tender feelings interfere with his
duty. He asked the jury to act on the
dictates of their own consciences,-
to do their duty and bring in such
verdict that they would not be
ashamed to go forth and look any honest
man in the face without flinching.
Mr.. McLachlan finished at 8 80 O'Clock
and had hardly taken his seat before
Judge Carpenter jumped up and asked
the court to instruct the jury to disre-
gard all the district attorneys speech
with regard to the consultation held by
the defendant's attorneys on Tuesday
night in which they had been said to
have abandoned the insanity theory, as
such statements were not true. Mr..
McLachlan denied that he made posi-
tive statement that such consultation
was held, and claimed that it was only
a surmise.
Judge Smith settled the matter by
saying that his instructions would cover
the point, and these he proceeded to
read FThe instructions were not lengthy,
and occupied only few moments in the
typed extracts from the statutes defining:
murder and the difference between the
two degrees, with special instructions
on insanity and to what extent man
could be insane and still responsible for
his actions. AT AS Bailiff Charles Cruz
was sworn to preserve the jury inviolate,.
and the twelve men went out to discuss
their verdict.
When the jury left the court room
Deputy District Attorney Phibbs insisted
that all of the exhibits go with them, as
provided by law, and after slight OBJ
lection on the part of Judge Carpenter,
Joe Dyes bloody clothing, his revolver
and Bradfield's, the defendants dirk
knife, shotgun, ETC., were all carted off
to the jury room to act as mute wit
nesses of the tragedy in which they had
taken part.
The attorneys and spectators lounged
about for half hour or 80 after the jury
had retired, but it became apparent
within that time that verdict would
not be reached Immediately, and the
crowd gradually dispersed. Shortly
after O'Clock Bailiff Charlie Cruz took
his charges over to the Rotisserie
restaurant on Franklin street,
where they dined in private
room. After an hour spent at dinner
the twelve men were again taken ba ok
to the jury room to continue tn cir de-
liberations.
Judge Smith had civil case to hear
in the evening, and the witnesses in
this, as we'll as those interested in the
Bradford case, formed another good
sized audience in the court room. All
who expected verdict last night. how
ever, were disappointed, as Judge Smith
left the bench at 0:15 o'clock to take
part in wedding feast, after ascertain
ing that no agreement had yet been
reached, the defendant was taken to Jail
and Charlie Cruz prepared to hold an
all-night's vigil.
1t is understood that the jury stands
nine for acquittal and two for conviction.
The jury took number of oral ballots
with the windows of the jury room fac
ing on New High street open, 80 that it
was an easy matter for those outside to
hear what was going on. From the
character of the men who are voting for
conviction it is safe to say that they will
never give in, and "hung" jury seems
to be the almost certain outcome of this
celebrated trial.
Just before the jury retired for the
night another man was won over by
those who voted for acquittal, and, ac-
cording to the best possible information
obtainable at midnight, the jury stood
ten for acquittal and two for conviction.