The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-05
LOCKED UP FOR THE NIGHT.
IT LOOKS LIKE DISAGREEMENT IN
THE TRIAL OF WEBSTER.

A"IL IhAsL VI VEbSIEGs
The jury Reported to Have stood Nine for
Acquittai and Three for Conviction Amer
Taking Seven Baiiots-Arer Sending
Word 10 Judge Cowing That They Could
Not Agree They Were Locked Up
Webster sent Hack to the Tombs.
1t was 4 o'clock yesterday afternoon when
the twelve jurors who are to decide the fate
Of Burton c. Webster left Judge Cowinc's
court and went to their room. After tedious
wait OF five and n half hours Judge Cowing
returned to the bench to make this statement
Tho jurors have informed me that they
cannot possibly agree. and the court will
stand adjourned until 10 O'Clock tomorrow
morning."
Webster had gone to the District Attorneys
private room to avoid the hangers on in the
court room. and Evelyn Granville waited with
him there for news from the jury room. AS
soon rs Judge Cowing left the bench Webster
was handcuffed and led down Centre street to
tho Tombs. The jury was locked up in Part
ii. on the top floor OF the General Sessions
building under guard. and at 10 clock the old
brown. stone building was deserted except for
one or two court officers prowling about
The juryis reported to have taken seven bal
lots. The first found nine voting not guilty.
and three guilty. The three voting for convic
tion were said to be in favor OF bringing in
verdict OF manslaughter in tho first degree.
Foreman Albert Wood and Jurors W. n. Buck
tngham and Nathan Knaun were said to be
the three men voting for conviction. Six bal
lots were taken without change before the
jury went out to dinner ut o'clock. Lawyer
Howe said he had heard that on the last ballot
the vote was 10 to for acQuittal.
Court opened ut 11:10 A NJ. Five minutes
later Assistant District Attorney Stapler was
speaking. 1t had been announced that he
would occupy three hours In summing up for
the prosecution. Webster sat in his usual seat
and listened to Mr.. Stapler with the close at
tention which has marked his bearing through
out the trial. The nine-days' strain had told on
him. and he was plainly suffering physically
as we'll as mentally. His face was pale. and
his eyes. which have been weakened by hard
usage in his seven months stay in the Tombs.
were occasionally sufrused
His wife was not in court when Mr.. Stapler
began to speak. but she came in presently.
For the first time in the course OF the trial the
baby. wide-eyed and good-natured. was
brought into the court room when the Jurors
were in their seats. Mrs. Webster held it in
her arms for q few minutes and then Fanny
domaine took it away.
Mr.. Stapler in his address to the jury devoted
defence and what he said were fatal discrep-
ancies in the stories told by Mrs. Webster and
Fanny Romaine and by Webster himself He
took the position that Webster was tres
passer In Goodwins room. and that
Goodwin had right to resent the
trespass. The most telling point made
by Mr.. Stapler against Webster was in regard
to the location Of the wound which killed
Goodwin. Websters story was that Goodwin
stood in the middle Of the room with heavy
cuspidor raised in his right hand rs il to hurl
It That would place Goodwin to the left OF
Webster. and Goodwin's left side would have
been nearest Webster. The bullet struck
Goodwin one inch to the right OF tho median
line. in stead OF to the left. and ranged a little
to the left, lodging in the cartiages between
the seventh and eighth dorsal vertebrG
Whether that point hud occurred to the
jurors or not, it was evident that it had not oc-
Cured to many OF the spectators. For a min
ute there was q buzzing in the court room
which showed that the argument told.
Mr.. Staper spoke of the differences in the
stories told to Capt. Cross Just after the shoot
ing and at this trial. and called the attention
OF the jury again to the broken cuspdor. and
the fact that it had been broken and wired to-
Gether before the night Of the shooting.
After recess Judge cowpg charged the jury
to understand that all that had been said ABOUT
the character of Goodwin had absolutely no
and indecences prior 10 Aug. . charged by the
defence were ADMITTED they had no bearing.
because justification was not claimed.
Ii you should 20 into sing Sing prison." he
said; and shoot the worst criminal there it
would be no less 2 crime. and Inst as much u
and shot the Governor of the state"
Nth perhaps HAT sngle exception the
submitted list OF thirty requests to charge.
AS Judge Cowing closed his charge. Mr.. Howe
jumped UP and exclaimed:
draw every request have made"
Webster said it was tho fairest charge he
many when he wa. II law student. The charS.
occupied an hour and half and at o,,cIock
ss ;s . e tss 3sry room y. IT. IS; HIVE Ssjsstsd.
them the plan OF the room and the three GUS
. As the jury, filed out webster's friends
Every one connected with the defence ex-
Webster. The strain was to" much for her.
and she cried. Webster went back TO the ,pris-
AND sat he Gr OF the
surged in There was "a craning Of necks and
climbing over each other in the effort to catch
Sickness which lasted for half an hour and
about tx ocIocE Judge s Gowins. Who A had re-
tired to his chambers ordered the court Off,
GERS to ventlate the court ROOM The big
crowd waiting for the verdict had been smok-
Ing; and the air was very bad. The officers
Justice MITCHELL who had ID been to dinner, sat
as soon as 1t was lowered. and raised it again.
Judge CowinG ordered the windows low
cred" said the court officer.
don't believe it," said Mr.. Mitchell
Tho crowd .cheered. Cart. Patrick Mehan
ordered that the room he cleared Mr.. Mitch
oil sat on the bench and advised the crowd not
trial is public" he shouted "The Con.
stitution gives you the right to DO here. /
would not go out"
He Kept that up until the room was cleared.
The officers paid no attention 10 his shouts
Can't. Mchan then lowered the windows again,
and Mr. Mitchell took occasion to abuse him.
These people are, gentlemen and ladies'"
he said. and they help to pay your salary---"
And yours" said the Captain.
Mr.. Mitchell finally went out. still protesting
that he did not believe Judge Cowing had
made such an order.
At o'clock the Jurors went out to dinner
and the crowd waiting in the court room
thinned ont. Mr.. Howe paced leisurcly up and
.l., th..r or m l in, ,,i,