Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-05-08
AN uNEYENrFuL MORNING.

made tomorrow.
Below are the events Of the day.
AN UNEvENTFUL MORNING.
The morning session Of Judge PaulPs
Court, insofar as it applied to the Garri-
son case, was uneventful. The Court
was opened at nine o'clock, the jury
went to their room, and after three
hours and fifteen minutes Of elaboration,
came back at half-past twelve, with the
same old information that they had been
unable TO agree upon verdict, AID they
were accordingly adjourned until two
o'clock in the afternoon. The atten-
dance fell off somewhat from that OF
Friday, and while there was no lack OF
interest in the outcome OF the case
throughout the city, there was but
comparatively small crowd present at
the Court House. This is explained from
the fact that the general public had
little hope that the jury would ever
come to an agreement, and those at
tracted to the Court House were only
curious to see what happened from the
coming and going OF the jury.
A little side-investigation went on
during the later morning hours, but the
public knew little or nothing about II,
and no comment or curiosity was, there
fore, excited.
A LIVELIER AFTERNOON.
A few minutes after two O'Clock the
Jury again retired to their room, and
were left in peaceful consultation until
twenty-five minutes after three. At
that hour, nothing having been heard
from them. Judge PAUL ordered that
they be brought into Court, and when
the twelve made their appearance, he
said that, without the suggestion of any
one, and entirely of his own volition, as
means of possibly aiding the jury in
coming to a determination, he would
submit to them another instruction. He
then read the following:
1.-The only mode provided by our Con-
stitution and laws for deciding ques-
tions of fact in criminal cases, is by the
verdict of the jury. In large pro-
portion of cases, and perhaps, strictly
speaking, in all cases, absolute GER
tsinty cannot be attained or expected.
Although the verdict to which each
Juror agrees must, of course, be his own
conclusion, and not mere acquiesence
in the conclusion of his fellows, yet, in
order to bring twelve minds to an
unanimous result, the jurors should ex-
anime with candor the questions sub
mitted to them, and with due regard
and Difference to the opinion OF each
other. In comforting together, the
jury ought to pay proper respect for
each others opinions, and listen
with candor to each others argu-
ments. If much the larger M mber of
the panel are for a conviction, a
dissenting Juror should consider whether
the doubt in his own mind is a reason
able one which make no impression on
the minds of so many men equally
honest, equally intelligent with himself,
who have heard the same evidence,
with the same attention, and with
equal desire to arrive at the truth, and
under the sanction Of the same oath.
And, on the other hand, II majority
are for acquittal, the minority ought
seriously to ask themselves whether
they may not reasonably, and ought
not to, doubt the conclusions of a
Judgment which is not concur
red in by most of those with whom
they are associated, and distrust the
weight or efficiency of that evidence
which fails TO carry conviction to the
minds Of their fellows. The Jury room
is surely no place for pride OF opinion or
for eSpousing or maintaining, in the
spirit of controversy, other side OF
cause. The single object to be there
effected is to arrive at true verdict;
and this can only be done by deliber-
alton, mutual concessions, and a due
Difference to the opinions of each other"
The reading OF this instruction
created something OF a sensation among
most of the audience, and there was
quite an animated discussion Of it
among the spectators as the jury went
out. Many thought it would be the
means of bringing about a verdict be-
fore 6 o'clock, but not few diSsented
from this, alleging as reason that
after the jury had been out so long, it
was not probable that there would be
any different stand taken by those who
were in the minority. This reasoning
turned out to be sound, as subsequent
events showed.