The sun., 1891-05-17
SHE MUST BE TRIED AGAIN.
DISAGREEMENT OF THE JURY IN THE
CASE OF MARY EGNER.


Ten for AcquittaI, Two for Conviction -,
MansiauGhter In the Second Degree
Judge Moore's Displens sure-He and the
Accused Girl Had Waited All Night In
the Court Rooms for = Verdict.
Whom Judge Moore OF tho Court OF SESSIONS
Brooklyn. went 10 his breakfast yesterday
morning the jury In the case Of Mary Egner
the young German girl who has been on trial
the past week for infanticide, had net brought
In q verdict. The flrst ballot. taken about 4
o'clock on Friday afternoon. stood six for nc-
auittal and six for conviction for manslaughter
In the second degree. Several hours struggle
with the intracacies OF the evidence convinced
two OF the unfrlendIy six that tho girl was not
guilty. and they so voted. There the jury hung
for hours. Every report which reached judge
Moore waiting in his chambers was that they
stood to 4 for acquittal.
The girl herself sat in the prisoners box in
tho court room. seemingly us uninterested as
ever. The hours which drag with hobbled
feet for most persons In such circumstances
seemed to have no Significance to her. At IL
P. NJ. she was very sleepy. and the court officer
allowed her to go UP on tho platform behind
the Judges bench. She lay down ,si. On the floor
ths5s and ssp sspna Mss
Uuittnl. but there the movement stopped.
lions lions Of DrS. BnrEes. Corey. and &hite. held
ont firmly for conviction and Juror Quinn held
.d wh h dn M0GEs IL MHs H.
that the Jury. could not agree. but he kept the
%p had hsaIa sfs thse i3 'n'' no
Just as the big clock struck 12 buzz among
coming. Judge Moore took. his seat OH tho tho
bench. and the girl was brought to- the
- am sorry to say We have not" replied the
Is there any, possibility oi your reaching an
II regret ss Very rnh" Much" said Judge Moore.
that this case should not have reached q con-
clueion. 1t seems very strange that you
decide this case. Il is utterly discouraeing 10
s% ey S ssSH Wit &c Rs
tai case In a short time in which the Jury has
failed to bring In verdict"
that It was imp,o,ssible., ne then
the result and the bud effect 1t would have.
= Thi. thing Is becoming too much Of a fashion
10 criminal cases. and there must 10 a st p put
Juror Blobm was manifcstly' disturbed. All
he Jurors were red;eyed and tired looking;
Be possible to have part Of the testimony aud
why did you walt twenty hours and then
,ome here to make such a request" asked |
Ju,Ige Moore.
Nj. Blohm said he had asked his fellow iu-
rprs to have that done on Friday evening but |
directions had been raised. All Of the jurors |
out MIR. Blohm enii that the reading OF tho |
.harRe and testimony would not change their |
position. though Judge Moore offered to havc |
Ill the testimony gono over. There being no
prospect OF agreement by any means Judge |
Moore then discharged tho Jury. 1t was un-
ierstoUd that Jurors Quinn and Disbrow were
he ones who held out for conviction for man
daughter In the second degree.
The other murder cases in which there was
disagreement. to which Judge Moore re-
erred. were those VI Asa Waterman and VIII
lam Smith Smith shot a man In n row in q
Pearl street saloon on election day. 1888. He
vas caught two years af erwari in Boston.
His first trial failed, hut q conviction was af-
erward Obtained. Waterman WAS the man
lger OF Jacobs's Opera House In Williams
,urgh: He accused Patrick Doran OF intimacy
With Mrs. Waterman and shot him. A second
rial resulted In Waterman's conviction.
Yesterday morning Mary Egner was brighter
December She :read the German papers, and
he morning the scrub women employed In tho
;indnesses. Lawyer Miles says tho Kings
Daughters and other Christian and missionary
women refused eyen to see the girl.
It is probable that the second trial will occur
his wook