The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-09
THE JURY. DISCHARGED.
DR.. aarrlson's Trial onds in the
Disugreement Of tho Jurors,
ALTHOUGH OUT.0YER FIFTY HOURS.
Saturday put In Faithfully in Trying
to Arrive at Verdict, but with no
Result, aud tho Court Dlsmlsscs
them with Compliment for their
Fnithfulness. ~

ment for the prosecution In tho CARR.
son trial, and tho jury at onco retired to
its room. 1t was 10 o'clock Saturday
night whom tho jury came in and 70.
ported that there was no possibility of
an agreement, and Judge PAUL. dis.
charged them. All day Saturday the
jury was in its room, trying to come to
some agreement, but. it ,waa as far from
itwhen it ended It's deliberations ms at
any previous time. Shortly after 8
o'clock Judge PAUL had the jurybrought
lnto-court and read them q now instruc.
ton, in which he said: 'aAh.' sr
The only mode provided by, our constitution
anu laws ior deciding questions OF fact III Grim.
inal cases. Is By the verdict OF the Jury In
lhtge proportion oil cASeS, and perhaps, strictly
speaking, In all cases, absolute certainty cannot
be attained or expected. Although the verdict
TO which each juror ngrccs must OF course, DO
his own conclusion, aud not mere acQuicScnce
In the conclusion OF his fellows yet, In order to
bring twelve minds 10 an unanimous result, the
jurors should examine with cnndor the ques.
tiOns submitted 10 them, and With due regard
and Difference 10 the opinion Of each other. In
comforting together the Jury ought TO pny
proper respect Tor each Others opinions, und
li,ten with candor 10 each, Othcrs arguments.
II much the larger number Of the pulclare for
conviction, II dissenting juror should consider
whether tho doubt In his own mind Is II reason.
able one which may mako no impression
on the minds Of so many men equally
honest, equally Intelligent With himself,
VINO have heard the same evidence, with the
same attention mud with equal desire to arrive
at the truth, ard under tho sanction ofthe same
cath. And. on the other baud II Il majority are
hn m NPit " 10 tn
ask themselves whether they may not reasonably,
and ought not 10. doubt the conclusions OF n
Judgment which Is not conCurIed IN by most Of
those with whom they nre associated, aud dis.
trust the weight or eitcleicys Of that evidence
which fails 10 carry conviction to. tha minds Of
their fellows The Jury rooIa IL surely no place
ios pride, OF opinion or for cspousing OF main
tainins, In the spirit Of controversy, either side
Ola cause. The single OBJ ect BIZ there effected
Is 10 arrive at n true verllct and, this can only
bs done by elaboration, mutual concessions
other ssy -, ~ - no
Upon adjournment for supper Juror
asked il if would not be possible forthe
jurors to 90 home over Sunday, and was
told that it would not. About half past
nine the court caused inquiry to be
made, and the report came that there
seemed to DO no prospect fan agree
ment. The jury was then brought in
and the clerk askod
gentlemen OF the jury, nave you
agreed upon verdict"
Foreman Williams-Wo have not.
The Court-Mr. Williams what is
your opinion OF the outlook? aEG37
Foreman Williams-We are hopeless
ly divided. We have tried your
honor, in every conceivable manner
that we could devise in our minds to
collect our thou gifts together, and We
arc hopelcssly divided. l can't SEQ q
particle OF hope, under Heaven to
collect our thoughts. ,o'
The Court-Have you been sick, Mr..
Williams?
Foreman Williams have not. been
we'll this evening, your honor, but I
don't wish the court to. think, that !
have taken that under consideration l
have left my home out OF this; have
left my health out OF this; we have
closed our minds to everything else ex-
cept the evidence. l want to say, with
all due respect to the attorneys on
either side, that l have, Lett their atgu-
ments out, too. l have taken tho owl
dence as understood it, and the law as
understood it, and taking God as my
guido have cast my ballot in the jury
room. l am satisfied that the other
jurorshave done the same, and NC stand
ut this time hopelessly divided. 800
The Court-What do you think, Mr..
Hoge? SO.
Mr.. Hoge-The same.
The Court-What do you think, Mr..
Seabright?. E.sg.. &,
Mr.. Seabright-We can't agree. IA
The Court-Mr. Pri,cllard u : ~
Mr.. Pritchard-1 thinkthe same.S
The Court-Mr. Cunningham?
Mr.. Cunningham-We are hopclessly
divided.
The Court-Mr. Fisher9
Mr.. Fisher-There is no hope
The Court-Mr. Thompson? a5
Mr.. Thompson-There Is no use.
The Court-What do you think, Mr..
1lcrcules7
Mr.. Hercules-No.
The Court-Mr. Warden?
Mr.. Warden-I agree with the othors.
The court-Mr. SMITH ~ ~
Mr.. NJ. +. SMITH can: SEQ no other
way out.
The court-If feel sure that each one
OF you has endeavored conscientiously
10 discharge your duty. You have been
very faithful, and l desire 10 thank you
for the attention you have given the
case. The sheriff also desires me to
thank you for tho assistance you have
rendered him, in enabling him to dis
charge tho duties OF his office. feel
now, from tho statements you have
made, that-i would be merely punish
ing you to keep you together any longer.
You are discharged from further con-
sidcration OF the case and from further
service at this term.
Mr.. Williams--I wish to thank tho
court. This has boon one OF tho most
trying duties OF my life. As yourhonor
says it would be merely furnishing us
to keep us together any longer.
the COURT felt that I ought to, keep
you together as long "a there was any
prospect Of an agreoment.
Mr.. W. G. SMITH desire, on behalf;
OF the jury, to cxtond thanks to the
court, to.the sheriff and to the proprle-
tor of the public house where We have
been stopping for favora shown us.
Mr. Cunnirgham-Thatis our unani-
nous dosre.
1t seems to have been reasonably re-
liably learned that OF the jury eight we're
in favor OF a verdict Of guilty and four
OF not guilty, and that five voted for.
murder in the second and seven for
murder in the lower degree. Tho.near-
est tho jury reached an agreement ut
any time was ballot of ten votes for
voluntary manslaughtcr and two for in.