Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-06
IAMS LOSES HIS CASE.
The Defendants Acquitted, but Will
Have to Pay the Costs.
JUDGE PORTER SCORES Tue JURY.
He Draws Distinct Lines as to Their Duty
and Authority.
D. R. JONES EXPLAINS HIS REMARKS

Iams has lost his case. The jury yester
day acquitted Colonels Hawkins and
Streator and Surgeon Grimm on both
charges, but placed the costs in the ag-
gravated assault and battery case on the
first two defendants. They may be re-
| leived fro M the payment, as their attorneys
Immediately made motion to have the
costs stricken off the verdict. Judge Porter
had the motion filed and said he would hear
it. He said, however, that had the costs
been attached in the assault and battery
case he would have stricken them off at
| once.
The Jury did not render its verdict until
11:15 yesterday morning. This was sur
prise. 1t was sent out Friday after
| noon at 2 o'clock and everyone
supposed that it would arrive at
a verdict of acquittal inside of half an
hour At 9:55 yesterday morning the jury
came into Judge Porter's court. There was
large crowd of curious spectators pres
ent and they expected to hear the
verdict, Judge Porter addressed the jury
sayinn: "Gentlemen, the officer who has
had you in charge informs me that you de-
sire to be instructed by the court on ques-
tion which you have been unable to settle
between yourselves. In stating the ques-
tion to the court 1 would caution you
against making any statement that might
disclose the position of the jurors.
Judge Porter Talks Plainly.
AS he finished one of the jurors arose and
said: "Your honor, question arose in our
deliberations which we have been unable to
settle among ourselves. To announce it in
open court might be committal, so we have
written it out" He then handed the Court
piece of paper
Judge Porter glanced at it, and his face
took ON an unpleasant look. For almost
two minutes he studied the paper, and made
this reply: Gentlemen OF the jury, the
subject of your inquiry is wholly imma-
terial 1t has absolutely nothing to do with
the question upon which you have to pass.
Under no circumstances could it have been
submitted in evidence. ANY other action
between these parties cannot enter into
this case. In the Indictment charging
assault and battery the Court told you
very plainly that it was your duty to render
a verdict of not guilty; you have been told
that the charge was not supported by the
evidence. This Court proposes that you
shall obey its instructions 1t is true that
the law gives you the power to disregard
such instructions; you have the right to tail
to perform your duties properly just as any
other set of men can refuse to do what
they know to be their plain duty. You are
the judges of the facts and law. Not the
law as you think it should be, but as it is
We have told you what the Supreme Court
of the United States says the lsw is, and
that is the law ycu want to take. IT any
man in this jury thinks he knows more
than the Supreme Court of the United
States, of course he can stick to his opinion.
Too Smart to BE Juror.
'It is shame, however, that man with 1
such profound knowledge of law should
waste his time in the jury box. You are
not to be guided by your feeling or your
prejudice. It is important that yerdicts
rendered by jurors should be in accordance
with the law and the evidence. You have
have NO right to allow your personal preju-
dices or preferences to enter into your
deliberations. To do SO is to CORFU pit JUS
tice and to violate the security upon
which you and your families must rely; to
do so every security for the administration
of justice must vanish, and the people
would not know where to look for or by
what methods they could secure justice.
For juror to render verdict in accord
ance with his own wishes and not in accord
ance with the law and the evidence as sub
mitted to him would be to break down
every security for justice and equity. The
instructions given you were plain and they
should be no trouble to you. Is there any
thing further you desire me to say?"
The jury had nothing further to ask and
LETT the court room, many of the jurors
wearing deeply flushed faces. The remarks
of Judge Porter caused a sen sation
in the court room and the officers were
bowling for better order.
The Jury Renders Its Verdict.
The jury returned at Ills and rendered
its verdict. Neither the prosecutor nor his
attorneys were present at the time. Colonels
Hawkins and Streator at once expressed
themselves as satisfied, though they did not
think it fair they should pay the costs.
the defendants extending congr atulations.
Attorney John D. Watson, of the prose-
cution, had little to say about the verdict.
1T has proven" said he, that civil law is
superior to military law. There is no doubt
but this case will be benefit to the Ma
tional Guard. It will make the officers of |
that organization acquaint themselves with |
the laws. They will be more careful in the !
matter of recruiting men and the gnard |
will then be much better and stronger"
1t is said that a suit for $40. 900 damages |
will now be brought in the United States |
courts, as Iams is resident of West Vir- |
ginia. The case will no doubt go to the |
Supreme Court of the United States before |
finally disposed of.
The Iams case has been watched closely |
all over the country. Yesterday it re- |
ceived nearly as much consideration in |
as the coming election. The gen.
eral sentiment was in favor of the finding
of he i,,rv