Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1892-11-10

PITTsBURG, Pa, Nov. 5.-When court
opened this morning the jury in the
lams case had not agreed on the ver-
diet.
1t came into court at 10 o'clock and
the foreman said:
"a question arose in our delioera-
ton which we desire the court to
answer, and we do not wish to ask it
openly and submit it to you in writ
ing"
After reading the questions Judge
Porter replied: THE subject of your
inquiry is wholly immaterial on the
question. 1t cannot enter into this
case. Any other action between these
parties cannot enter in to this case AS
to the instructions given you in the
assault and battery to find the defen-
dants not guilty, [ propose you shall
obey the court.
"You of course may ignore the in
structions. You are the judges of the
fact and the law. Not the law as you
think it should be, but what it is. We
have told you what the Supreme court
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 a shame, however, tha
a man with such profound knowledge
should waste his time in the jury-box.
Such a man has no business in the
jury-box.
You are not to be guided by your
feeling or your prejudice. Any juror
who does this breaks down every Sc,
curity of justice, interferes with the
administration of justice and equity.
The instructions given you were plain
and there should be no trouble to you.
Is there anything further you desire
me to say?'
The jury again retired, shortly after
ward bringing in a verdict of not
guilty.
However, the verdict recommended
that the defendants, Col. Hawkins and
Streator, pay half the cost in the ag-
gravated assault and battery case.
After the verdict had been rendered
Col. Braddock arose and said: SIN view
of your honor's charge we ask that
such portion of the verdict of the jury
as places the costs on the defendants be
set aside"
'Make your motion in writing and
we will consider it," answered the
judge. Had the costs been placed on
them in the assault and battery case
we would unhesitatingly have stricken
that part off. We did not mean to ex-
press an opinion as to what we will
do, but it is proper that you file your
notion
This motion was put in writing, as
the court suggested, and the court took
the motion, but made no disposition
of it except to order it filed.
1t was announced that the jury
stood ten for conviction and two for
acquittal 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 ballots and
finally the twelfth man was won over
The fight was then on the costs, and
over this a disagreement was almost
reached. 1t was 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 upon
the defendants in the assault and bat
= terry case and they then retired.
The only attorney for the defendants
In court was Col. Braddock, who ex-
pressed himself as well pleased, as he
| felt certain the court would set aside
that portion of the verdict putting the
costs on his clients. Neither the pros,
ecutor 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 court house the verdict,
except the imposition of the costs, was
generally approved.