Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-11-06

The Jury Returns Verdict of-Hoe GUILTY
In All the Cases Question - 70 tho
Costa
PrTTsBURG, PA, November 5.--Wher
court opened this morning the jury In
the Iams case had not agreed upon 3
verdict. 1t came into court at IL
o'clock, and the foreman said: "a
question arose In our elaboration which
we desire the court to answer and We
do not wish to ask IL openly and sub
NIT Is to you in writing.
Judge Porter-ssThe subject or your
inquiry is wholly immaterial on the
question. 1t cannot enter into the case,
Any other action between these parties
cannot enter into the case. As TO the
instructions given you In the assault
and battery charge to find the defend
ants not guilty Ipropose you shall obey
the court. You of course may ignore
the instructions. You are the judges
OF the fact and the law. Not the
law as you think 1t should be,
but what IL Is. We have told you
what the Supreme Court Of the United
States says the law Is and that 10 the
law you want to take. IL any man In
this jury thinks he knows more than
the Supreme Court Of the United States
of course he will stick to his opinion. 1t
is a shame. however, that man with
such profound knowledge should waste
his time In the jury box. Such q man
has no business in the jury box. You
are not to be guided by your feeling or
your prejudice. Any juror who does
this breaks down every security OF JUS
tice, interferes with the administration
of justice and equity. The instructions
given you were plain and there should
be no trouble. Is there anything fur
Their you desire me to say?
The jury again retired.
1t was announced this morning that
the jury stood ten for conviction and
two for acQuittal until the charge OF
the court, and when >thar first took n
"ots after going to their room the vote
was eleven to one for acquittal. This
continued for several ballots, and n
nally the twelfth man was won over.
The fight was then on the costs, and
over this an agreement was almost
reached. 1t was over the costs In the
assault and battery case which caused
them to come into court and ask the
question they did. The court had told
them the costs could not be put upon
the defendants In the assault and
battery case and they then returned.
That 1t was the Intention to put the
costs on the defendants In both cases Is
evident as the word county" had been
written over the word defendants" In
disposing of the costs. The only attor-
ney for the defendants In court was
Col. Braddock who expressed himself
as we'll pleased as he felt certain the
court would set aside that portion or
the verdict putting the costs on his
clients. Neither the prosecutor or his
attorneys were In court, but one OF
them said after the charge OF the court
they had reason to feel satisfied with
the crumbs they got. Around the court
house the verdict except the imposition
OF the costs was generally approved.
At 1l:10 q. N. the jury came into the
court and returned o verdict OF not
guilty as to both charges. but that the
defendants, Col. Hawkins and Streator,
pay half the costs In the aggravated as
sault and battery case. After the YER
dict had been rendered Col. Braddock
arose and said:
'In view OF your honor's charge we
ask that such portion OF the verdict OF
the jury as places the cost on the de-
PENDANTS be set aside"
Judge Porter-"Make your motion In
writing and We will consider It. Had
the costs been placed on them in the as
sault and battery case we would have
unhesitatingly stricken that part of.
We do not mean to express an opinion
as to what we will do, but IL Is proper
that you file your motion"
The motion was put In writing ss the
Court suggested, and the Court took the
motion but made no disposition OF 1t ex-
cept to order II filed.