Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-07
STILL NO VERDICT.
A DAY OF ANXIOUS WAITING IN THE COURT
ROOM.
A Night Session Last Night was Not Productive Of
Tangible Results, and the Jury Adjourned
Until To-Day--A Very Large Audi
enee Present all Day.

There IS no VerulcG III Tue OdTIlsOu
murder case, and it looks very much as
though the jury would fail TO agree.
At ten o'clock last night they had put
in about nine solid hours in the jury
room, and seemed, at the end, to be as
far apart as ever.
The jury will try it again, this morn
ing; but the popular opinion is that it
will be a mis-trial, and that we are to
have the whole thing over again.
Following are the events of the day:
Public interest was, If anything,
greater in the Garrison murder case,
Yesterday morning, than it was Thurs
day night.
Curiosity about the evidence, and in
the arguments of counsel, had given
way to anxiety as to the verdict, and
this concern manifested itself very early
in the day, and served to bring a
large number Of people to the Court
House some little time before the hour
announced for the reconvening Of the
tribunal. When the doors were thrown
open, at about quarter of nine, the
corridors were lined with people in
waiting, and soon most of the seats
were filled.
The Jury came into Court, in the
charge of the Sheriff, at the usual hour,
the defendant appeared in charge Of d
deputy, and took his old seat in the REAP
of the table used by his counsel, and the
attorneys on both sides soon dropped in.
After the formal opening, and the read
ing of the brief record which, from day
10 day has marked in formal phraseolo-
gy the progress Of the case, the
instructions and indictment were hand
ed to foreman Williams by Clerk Mitch
ell and the jury fled out and went to
their room, there TO resume the dellb-
erations which had been interrupted by
the adjournment of the evening session
the night before.
After the jury had retired, matters in
the Court room were devoid of interest
for the spectators, but they held on TO
their seats for the most part, and new
Corners kept dropping in until, at eleven
o'clock. the attendance was larger than
ever. A considerable number Of ladies
were present. Matters ran along this
way until noon, by which time the pop
ular feeling, which for the past two
days had become quite general and pro-
nounced, that there would not
be an agreement, became more
marked, and there were
many predictions that nothing
would come of the trial and that it
would all have to be gone over again, at
future time. Those who were strong
~ inclined to this view pointed out
TO those not yet convinced or who
we're inclined to doubt that the
Jury had already been in consultation
nearly four hours, and that ample time
had elapsed for reconciliation Of slight
differences-that the differences of opin-
ion among the twelve must be of such a
character that they evidently could not
get together on anything, and 1t was
pretty nearly hopeless case.
Matters were about in this shape,
with the audience for the most part
strongly inclined to go without their
noon meal rather than loose any Incl
dent of the day, when there was loud
knocking heard on the jury room door.
The people in the corridors at once
scrambled into the Court room, and
those already inside got as far
front as they could, that they might the
better see and hear what was going on,
and amid the resulting hustle and con-
fusion the twelve men who held the des-
tiny of the prisoner in their keeping
filed into the room and took
their seats. To the customary en-
curry of the Clerk: Gentlemen of the
Jury, have you agreed upon your YER
dict?" Foreman Williams handed "a
paper TO the clerk, who transmitted it
to the Court. 1t proved to be the fol-
lowing query:
Does threat uttered in words. I'M
accompanied by a movement OF the
body, constitute hostile demonstra-
tion?"
To this the Court replied in writing;
ut does not" The defense, through
Col. Arnett, objected to the answer,
and said it ought to be: ut is not a
hostile demonstration, unless accom-
panied by movement of the arm"
The Court said he would not answer
the question that way, because it did
not lit the query, whereupon the de-
Tense excepted to the ruling of the
Court.
The jury then retired again to their
room, where they remained until 1920.
They then returned into Court, an
nounced they had not yet agreed on a
verdict, and were adjourned until 2 p.
III.