Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-03-31
STUBBORN JURYMEN SCORED.
Judge Arnold Denounoes the Fall
ure to Convict Cascaden,

ufe TO convict CaeCaden,
IL Was a Clear Case of Murder OF nh,
First Degree, Ho Said. and the obsti.
nate Jurymcn Caused q wretohcd Mis-.
carriage of Justice.
PHILADELPHIA, March 2S.-The iury in
the case of Robert j. Cascaden, the Youth.
ful robber, charged with the murder al
policeman Elmer II. Findley, were dis.
charged at $50 o'clock last night. They
were unable TO agree upon verdict and
the continued and increased illness of the
Judge Arnold to take the case out Of their
hands. The jury stood nine for verdict
oil murder in the first degree TO three
against 1t from first to last. In discharg-
ing them from further consideration OF
the case, Judge Arnold took occasion to
s1ininister a most angry rebuke to those
Of the jury who stood out against verdict
OF murder in the first degree.
Under the law Cascaden can be tried
sgain Tor murder, and it is the intention
VI the district attorney to call I'M the case
AZ an early day. In speaking Of the law
In the case, Assistant District Attorney
John l.. kinscy said last night: ''Undcr a
Tpecens aecision OF the supreme court of
pennsylvania, based upon the provision of
the constitution of the United States, that
aperson's life cannot be placed in jeopardy
more than once for the same offence a
plain disagreement of the jury would have
practically made Cascaden free man He
could not be tried again had the Jury been
discharged for failure to disagree. In this
case however, the constitutional provision
does not apply, because this was not a
trial within the meaning of the law. The
Jury was not discharged because of It's dis-
agreement but because one of the number
was to ii to further consider the case, and
ms c ,'ru ~, as juror would endanger
rNHsl~
case out of the iury's hands, and the result
IL Just the same as If no trial had taken
place"
STILL WITHOUT VERDICT.
Judge Arnold came into court nj 10
o'clock, yesterday morning, and inquired
Il the jury had agreed upon their verdict
Upon being Informed that they had not
ne left. stating that he would not return
until this morning. lie was hastily SUM
moned last evening. however, and arriving
at the court room at $50 o'clock was met
by the statement of Dr.. William Franklin
Berkenstock of No. 1880 Girard avenue.
the nephew of the foreman of the Jury
that his uncle was seriously i'll and further
confinement might lead to fatal results.
Judge Arnold placed DIR. Berkenstock
under oath and took down his statement
in writing TO the effect that no had been
called first to see his relative at 7.IO o'clock
on Saturday night. He found him suffer-
ing from an ailment approaching billions
attack and lumbago. At o'clock on Sun
day morning he again visited his patient
ana again at 10 o'clock, yesterday morn
ing. hnding him if anything slightly i'm
proved.
THE DOCTOR HASTILY SUMMONED.
AT 4 o'clock yesterday afternoon, how
ever he received message written on d
department Of safety letter head request
ing his immediate presence at the city hall
70 see the foreman of the jury. He found
him suffering greatly and in state of
complete collapse. Cold perspration stood
out upon his forehead, he was gagging and
vomiting, his pulse was irregular and his
temperature abnormal. In the physicians
opinion he could not be properly treated
IN the Jurors quarters at the city hall, and
unless he were removed and prescribed for
and properly treated at once fatal out
come might result from his illness.
STERN REBUKE.
After obtaining DR.. Berkenstock's sig
nature to the sworn statement of the fore
mans condition. Judge Arnold, address
ing the jury, informed them that owing to
the illness of their foreman he was Obliged |
TO discharge them, thus removing the case |
from their consideration.
IN doing so,' continued the Judge. ~ |
feel It my duty to say that the failure of |
the Jury to agree is an outrage upon JUS |
uco. Where case is so absolutely plain |
as this, anyone who for siniser or other |
motives holds out against verdict Of
murder in the first degree should hang his |
head IN shame. He is n disgrace to society |
and should be so considered. After rerus- |
ing to give such verdict in such a case no
citizen laid hold of in violence on the
streets OF the city could say word
against policeman who failed to 20 to his
assistance. You are discharged"
lnere were present besides The ittdoo tba
jurors and the prisoner Assistant District
attorney k1nsey, representing the com
nonwealth; Robert o. Moon of counsel
Tor the defence, Counselor James II. Hey
erin and several court officers. 1t was the
universal opinion that Judge Arnod's re.
marks constituted the most scathing
rraignment OF jury for neglect of duty
iyer delivered from the bench.
THE THREE WHO HELD OUT.
In speaking of the proceedings in the
jury room, Mr.. Miller said last night, after
the discharge Of the jury: I'VE stood 0 to
in favor of murder in the first degree
from the very first ballot to the last. The
eAfee who held out against this verdict
were Conrad Geisse, Elias Evans and
George Armour, Jr. Had it not been for
these three men we could have agreed
upon our verdict within five minutes after
entering the jury room"
NINE VERY ANGRY MEN,
:. All the other jurors were extremely in
dignant at the conduct of the three who
obstructed the verdict. Their action was
denounced as obstinate and even worse.
IT was stated by one OF the Jurors that one
Of the trio had refused to 20 OH the iurv
in previous murder case, on the ground
that he had conscientious scruples against
capital punishment yet he didnot hesitate
in taking seat in the box to try this case,
1t was also declared that all three of the
men believed that Cascadens crime was
murder in the first degree but that they
could not be convinced that theyoung man
SHOULD be hung aud that they said that
neither Judge Arnold nor anyone else
could make them believe it.
QUEER VIEW OF THE LAW.
One Of them, it is said, remarked during
,Aae deliberations over the evidence, tint
hs would not believe that Cascaden md
meant b commit murder unless il was
shown that he had warned or threatened
Policeman Findley that he intended to
Kill him. Mr.. Wheeler, the colored mem
Der OF the jury, was highly indignant over
the whole affair. He was ore Of the
strongest of the ~ in favor of first degree
from the first and informed his dissenting
Fellow jurymen. that he would stay there
and rot before he would agree 10 n lesser