The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-11-06
IAMS'S TORTURERS GO FREE
Colonies Hawkins and Streator Ac-
Quilted of Assault and Battery.
Half the Costs Placed on the Defendants,
HOwever-JurOrs Sharply Scored by
Judge Porter for Their Obstinacy.

P1rTsBURG, Nov. 5-When court opened
this morning the jury in the Iams case had
not agreed on a verdict. 1t came into court
at 10 O'clock, and the foreman said: "A
question arose In our deliberations which
we desire the court to answer. We do not
wish to ask it openly. and submit 1T to you
in writing"
Judge Porter-The subject of your in.
curry is wholly lmmaterial on the question.
1t cannot enter into this case. As to the
instructions given you in the assault and
battery to find the defendants not guilty,
propose you shall obey the court You.
of course. may ignore the lnstrno-
ITEMS. You are the judges Of the
fact aud the law; not the law as you think
1t should be. but what II is. We have told
you what the Supreme Court of the United
States says the law is. and that is the law
you want to take. If 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 q shame:
however, that a man with such profound
knowledge should waste his time in the
jury box. You are not to be guided bv your
feelings or your prejudice. ANY Juror who
does this breaks down every security of
justIce. interferes with the administration
of justice and violates all security for JUS
tice and equity. The instructions given
were PLAIN. and there should be no trouble
to you. Is there anything further you de-
sire me to ssyp
The Jury again retired, and at IL o'clock
came into court and returned verdict OF
not guilty as to both charges but that the
Acknowledgement Hawkins and Streat-
or-pay half the costs In the aggravated
assaulted and battery case.
Asne had hnnwx wAv.AA I'D al
Braddock arose ana said: ''In view of your
HonOrs charge we ask that such portion of
the verdict of the jury as places the costs
on the defendants be set aside"
Judge Porter-Mske o motion in writing,
and we will consider il. Had the costs
been placed on them In the assault and
battery case we W ould unhesitatinRly have
stricken that part out. We do not mean
TO express an opinion as to what we will
do. but it is proper that you file your mo-
ton.
This motion was put In writing as suR.
gested, and the court took the motion, but
made no disposition of 1t except to order it
filed. 1t was announced that the jurors
stood ten for conviction and two for ac-
0uittal until the charge of the court. and
when they first took vote after going to
their room. the vote was eleven to one for
acquittal. This continued for several bal
lots. and. finally. the twelfth man was won
over. The fight was then on the costs, and
over this q disagreement was almost
reached. 1t was the dispute 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 on the defendants in
the assault and battery case and they then
returned. That it 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 dis
posing of the costs.
The only attorney for the defendants In
court was Colonel Braddock. who expressed
himself as we'll pleased, as he felt certain
the court would set aside that portion of
the verdict putting the costs on his clients.
Neither the prosecutor nor his attorneys
were in court. but one of them said that
after the charge of the court they had
reason to feel satisfied with the crumbs
they got. Around the courthouse the YER
dict, except the imposition of the costs,
was generally approved.
The trlte saying, mo one can tell what o
jury will do,D has been fully verified in
this case. Not lawyer who heard the
charge believed the jury would find any
trouble In arriving at speedy result. and
that result not guilty. Even the attorneys
for the prosecution, after the charge. had
no hope of O conviction. and one of them
said they would have now to depend on
the suit for damages for vindicatiOn of
their client. This suit will be brought in
the United States Court, lams, the prose-
cutOr. being resident of West Virginia.
In that court suits for $4,000 damages will
60 to the Supreme Court of the United
sides believe the question should be finally
settIed