The morning call., 1892-09-05
THEY COULD NOT AGREE.
The Jurors in the Howell
Case Dismissed.
Every Ballot Showed That They stood Seven
for Conviction and Five For Acquittal.
oae Mere Trial

The unusual spectacle was witnessed yes
terday of a court holding session Oh Sun
day, and that Federal court
The general impression is that Sundays.
being legal holidays, no business can be
transacted on that day. The law makes an
exception in criminal cases, allowing YER
diets to be taken and warrants issued.
a Midnight on Saturday Judge Morrow
ordered the Howell jury locked up for the
reason the jurors could not agree. AS
Monday is a legal holiday the jary would
| have been compelled to wait in the Jury
! rOOm-very bad quarters by the way-until
/ Tuesday morning, or a total Of foTty-four
| hours.
Judge Morrow thought this would be cru
| city and SO consented to hold court at 10
| O'Clock on Sunday for the purpose Of re-
ceiviDg the verdict.
At 10 o'clock the only persons on hand
| were United States District Attorney Gar
! ter. and CALL reporter Soon the neat
| and natty assistant clerk Of the court, John
! FOnga. came ambling along, twisting his
| handsome black mCstache and expressing
| his opinion Of such things as dissgreeing
| iuries which brought him to tie courtroom
| on the day of rest.
| Attorney Campbell, defendants counsel,
| next appeared. and then came the wife of
|
| Green. Judge Morrow was the last 10 ap-
| pear, and all gathered in the courtroom.
! The Jurors were summoned. and as they
| fled in the box it was evident they had had
| hard night nGtwith standing the cheese,
| crackers and cigars furnished by the attOr-
neys in the case. They were sorry, tired,
| sleepy looking lot OF men. Several could
hardly keep from blinking, while one poor
| fellow was engaged in knuckhns the hiteS
| cut OF his eyes Another had taken his col
| lar cf to obtain ease and had forgotten TO
| put 10 on. All needed wash and shave.
Bring the defendant into Court, said
| Judge Morrow
| Howell was escorted into the courtroom
| by Deputy United States Marshal MRloney.
! lie appeared pleased with the way things
had been going aud felt that there would
| be no verdict. Placing his crutches near a
| chair he sat down by his wife.
Gentlemen, have you agreed upon ver-
| dlct? inquired the court.
I'VE have not" returned Foreman Brown.
is there any prospect OF doing so?"
| There is not" again answered the lore
man in far away weary voice.
| Then the conditions remain substan-
TALLY the same as before" interjected the
| court.
Just the same" said the foreman. I'VE
! have made no progress whatever. On every
| ballot taken the result has been the same.
| We cannot possibly agree"
'This is your deliberate judgment?"
'It is" said the foreman.
Under the circumstances" said Judge
| Morrow, 81 will take the responsibility Of
| ordering your discharge. Gentlemen, you
are excused till Wednesday morning"
And HOwelPs wife. relatives and friends
| gathered around him In c0ngratulatiOn.
United States District Attorney Garter
! arose and said he gave notice that on Tues
day lie would move to set the second trial
| for an early date.
You cannot try it any too quick for me-"
| said Attorney Campbell. Your Honor. !
| have motion to make"
Il cannot hear it, as | cannot make any
| orders to-day" answered the court.
"CampbelPs motion related to reduction
| of bail on behalf of Howell HowelPs bail
was originally fixed at $4,000. but subse-
| quently reduced to $4,000. II s counsel de-
| aires 1t still further reduced and will make
| an application tomorrow.
District Attorney Garter says he will
| streuuOusly resist any such application on
| behalf OF the prisoner. He says he has Sc
| cured other evidence against Howell since
| the case rested, which will further support
| the charge Of passing counterfeit money.
be has taken great interest in the case, as
he believes The prisoner is net any ordinary
| criminal. He be ieves he will secure con-
yictiC n on the second rial.
HUMell's wife is said 10 be worth about
| $500, ,000. He is well known all through the
| interior, where he has lived at various me- g.
! After the jury had lie n isrharged IL was
learned that on each ballot the vote was
seven Tor conviction and I'VE TO- aequit al.
l
Il Woodland Justice, who clearly never
tackled restaurant steak, has decided that
table knife is not deadly weaDon