St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-09-05

NO VERDICT AS YET.
GARDENERS Liberty Still in the
Hands OF the Twelve
Jurymen.
Further Discussion Of the
Change in the Public
School Books.
Marion Francis Arrested on
the Charge Of Uttering
Forged Checks.
Arrangement Of Special Ex-
position Days---Harvest
Festival Work.

There was crowd of loiterers around
the United States court room all day
yesterday. The Gardner case was the
magnet that drew them thither. This
case has attracted good deal of atten-
ton. The fact that the great Masonic
order has been dragged into it makes it
doubly interesting. Added to that are
the facts of the large acquaintance of
the prisoner and his long service in the
postal department. The crowd lin
gered there all the forenoon to hear the
closing argument of the prosecuting at
torney, Eugene Hay. In the afternoon
they waited for the verdict of the jury.
Hays argument was strong one.- 1t
was not SO finished a piece of work as
+. f. Davis plea in the way of oratory,
but it was effective as plain statement
of the case. He began by dwelling at
length on the postal system of the coun-
try, and laying stress upon the fact that
the government contracts to transact
business for the humblest citizen as well
as for the most imposing capitalist. He
took up the point made by the defense
that the opened letters might have been
opened by postal card slipping into a
corner OF the letter and cutting the
paper. That he called a wholly impos-
sible theory. He argued that Gardner
had lied without doubt. He even went
on to show that Gardner had even per-
Jured himself OH the witness stand.
81 can conceive" said he, chow
man might tell falsehood to shield
friend, how man for love OF his wife
might say he had committed crime
which she was guilty of in order to pro-
tect her, but L cannot conceive of man
of honor telling an absolute lie. confess
ing himself to be criminal for the pur-
pose of shielding himself from prose-
cution. In Gods name, gentlemen, can
you believe this man on the witness
stand?"
Then Hay took up the argument that
Gould, the inspector, had offered to
help out Gardner because both were
Masons. Gould had been in the employ
OF the government since 1869. He must
be man of considerable character or
he would not be intrusted with the most
delicate pieces of the governments
work. He was on fixed salary. and
had nothing to gain by being crooked.
Of the Masonic feature OF the case, he
said:
You may belong to that organiza-
ton, gentlemen, which has been re-
ferred to. | do; and / do not believe
that any man on this jury believes that
Inspector Gould's statements in regard
to this Masonic matter are untrue. The
order is built upon broader and grander
principles than those which would
allow man to do what Gardner says
Gould did,
Judge Nelson's charge was long and
most carefully diSSectlve. Every point
in the case was brought out and COM
mented upon at length. He first dealt
with the vast Importance of the postal
system. Then he took up the points of
the case proper. The fact that letter
with the seal broken was found in the
sack of the prisoner did not prove him
guilty. There must be some evidence
to show that the prisoner opened the
letter. All the witnesses for the state
had testified that Gardner had con-
fesSed to opening the letter. Even
Gardner himself had admitted hav-
ing made the confession. Then
in the form of questions the
the credibility of the tale that man ac-
cused of crime would, if innocent,
confess that crime to a man whose duty
it was to find out who committed the
crime. As to the story told by Gardner
that he had confessed because Gould
had told him to do so, as IL would help
him out, and because Gould and he
were members of the same secret order,
the Judge said that the jury must be
guided in deciding that point by the
credibility of the witnesses. The Judge
also impressed upon the jury the fact
that Gould has no personal interest in
the case. The judge then referred to
the count in the indictment referring to
the statute against the unlawful opening
or delaying of a letter, and concluded.
The jury then retired. One hour
passed and there was no verdict, not
even the sign Of one. Gardner paced
the corridors Of the bnildtag, anxious
and impatient. Two hours went by in
the same way, and then another. Still
no verdict. A few minutes before
o'clock the jury filed into the court
room. A buzz Of They have agreed"
went through the whole building.
Judge Nelson assembled the bench
and asked if they had arrived
at an agreement. No. they had
not. They had merely come in
to tell the court that they could not
agree, and that there was small chance
of their ever agreeing. That was all.
They we've not discharged. Judge Mel
son told them politely, but firmly, they
must go back to their little room and
deliberate while longer. They went.
The judge went to his hotel. The re-
suit Of the second deliberation will not
be known until the court convenes this
morning. at o'clock