Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-05-08
INCIDENTS OF THE FINAL SESSION.

The attendance at the night session
OF Court was fully as large as on Friday
evening, which means that the Court
room was filled. The jury retired to
their room at half-past seven, and the
audience distributed itself over the
building, as upon previous evenings,
killing time as best they could until
something turned up.
Nothing occurred until half-past nine,
when Judge PAUL came down stairs and
held little conference with the Sheriff,
the result of which was that the Sheriff
made an enquiry OF the jury as to
probabilities. He came into. the Court
room in few minutes, and held con-
sultation with the Court, the effect OF
it being that there seemed to be not the
slightest prospect that there would be
an agreement. The Court spent few
minutes IN reflection, and then, at a
| quarter of ten, instructed the Sheriff to
bring the jury in.
When the twelve men appeared and
had taken their seats, Clerk John Walton
arose and addressing the jury said:-
Gentlemen Of the jury, have you
agreed upon verdict?"
Forman Williams-We have not.
The Court-Mr. Williams, what is
your opinion of the outlook?
Foreman Williams-We are hope
lessly divided. We have tried, Your
Honor, in every conceivable manner
| IL IL I'd -
collect our thoughts together, and we
are hopelessly divided. can't see a
particle of hope, under Heaven, to
collect our thoughts.
The Court-Have you been sick, Mr..
Williams?,
Foreman Williams have not been
well this evening, Your Honor, but
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 ont OF this; we have
closed our nds to everything else ex-
cept the eviG ence. l want to say, with
all due respect to the attorneys on
either side. tisat l have left their argu-
ments out, tod have taken the evidence
| as I understood it, and the law as |
| III, dUu bdhiuk OOu 40 my
guide / have east my ballot in. the jury
room. | am satisfied that the other
Jurors have done the same, and we
stand at this time hopelessly divided.
The Court-What do you think, Mr..
Hoge?
Mr.. Hoge-The same.
The Court-What do you think, Mr..
| Seabright?
Mr.. Seabright-We can't agree.
The Court-Mr. Pritchard?
Mr.. Pritchard-I think the same.
The Court-Mr. Cunningham?
Mr. Cunningham-We are hopelessly
divided.
The Court-Mr. Fisher?
Mr.. Fisher-There is no hope.
The Court-Mr. Thompson?
Mr.. Thompson--There is no use.
The Court-What do you think, Mr..
Hercules?
Mr. Hercules-No.
The Court-Mr. Warden?
Mr.. Warden agree with the others.
The Court-Mr. Smith?
Mr.. M. +. SMITH can sec no other
way out.
The Court feel sure that each one
you has endeavored conscientiously to
discharge your duty. You have been
very faithful, and desire to thank you
for the attention you have given the
case. The Sheriff also desires me to
thank you for the assistance you have
rendered him, In enabling him to dis
charge the duties of his Office. / feel
now, from the statements you have
| ;@ ,vNt,11 ho rnnrnlu nnnicb-
ing you to keep you together any
longer. You are discharged from fur
Their consideration Of the case and from
further service at this term.
Mr.. Wiliams-I wish to thank the
| Court. This mas been one OF the most
trying duties of my life. AS your
Honor says, it would be merely punish
ing us to keep together any longer.
The Court felt that / ought to
keep you together as long as there was
any prospect of an agreement.
Mr.. w. c.. SMITH desire, on behalf
of the jury, to extend thanks to the
Court, to the Sheriff and to the pro-
prietor OF the public house where we
have been stopping for favors shown us.
| Mr.. Cunningham-That is our unanl-
nous desire.
The jurymen then left their seats and
mingled with the counsel, reporters,
Court officers, and few of the specta-
tors, who crowded about the counsel
tables. Messrs. w. C. Smith. Cunning
ham, Pritchard and M. F. smith shook
! hands with the defendant or one or the
other OF his counsel, and there was
quite a little interchange Of greetings
for five minutes or so, while good
many of the audience looked on. The
other jurors went oct of the Court room
and down to Sheriff's Office, where all
assem- bled as soon as they could be got
ten together. They were paid off, and
then the twelve men who had been
cooped up together for two solid weeks,
separated and several Of them went to
the Stamm House for clothing, ETC.,
they had left in tn cir rooms, while 9TH
ers at once went home.
HOW THE JURY STOOD.