St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-01
Floating About Touching the
jury in the Dr.. Pearee
Case.
The County Attorney Receives
Il a Very Peculiar Postal
81 Card.
No Agreement Could Be
Reached and the Jury
~ Discharged.
Judge Kelly Orders a Re-
~ trial and Sets the Case
j. Today.

Gentlemen of the jury. you are dis
charged from this case. have no
comment on your ability not to reach a
verdict, further than to say that | decid-
ed in the beginning to remove you from
any outside Influence by SequeStrating
you with view OF preventing what has
happened-a mistrial of this case. The
court took all precautiOn to prevent
such result by throwing around you the
protection against any consideration
other than the facts in the case. | am
sorry that conclusion was not reached
in this important case"
Such was the observation made by
Judge Kelly yesterday afternoon when
the foreman in the Pearce jury stated
that 1t was impossible to reach an agree
ment. The court room was well filed
at the time. The result was disap-
pointment 10 most of those i'll the court
room. A CLEAN of almost satisfaction
overspread the countenanceS of DR..
Pearce and his friend, DR.. TObey, at
the announcement of the jury, but the
other people looked serious and diSap-
pointed, unless the counsel for the de-
| Tense be included.
Before the jurymen left their seats
the county attorney said: "lf your
honor please, move for trial of the
| Pearce case" Mr.. McCafferty sprang
| to his feet and stated that it would be
impossible to proceed to a retrial of the
| case at once, as he and his associate,
| Mr.. Noyes, are engaged in the trial of
| civil case in another court. Mr.. Brown,
| of the counsel for the defense, said:
"YOur honor knows somewhat of the
| work have done in this case. 1t would
| be simply impossible for me to proceed
with the trial at once. l am mentally
| and physically unable to do so, and if
another trial shall be directed at once
would have to resign from the case"
| The county attorney stated that he had
| been waiting the convenience of counsel
! for the defense from the first of the
| month to try the case in the first
| instance and that he had to keep wit
ness here from another state and could
| not consent to continuance to the
| next term, as intimated by counsel for
| the defense. Mr. Brown stated that he
! would consent to the using of the teStl-
mOny of Mrs. Wrede taken in the trial
| just ended, and that she need not be
present at the next trial. Mr.. Butler
| SAID that it was evident that 1T was de.
| sirable that the witness be present in
| court. Judge Kelly said that in a Grim
! inal case it would not do to read teStl-
mony. The attorneys for the defense
| urged for a continuance.
/ Judge Kelly remarked that if the
| state desired to proceed with another
| trial at once, that course shall be pur-
| sued, and set the case dow for trial at
10 O'Clock this morning. The course of
| Judge Kelly and the county attorney
was highly commended by great many
people who spoke of the matter yester-
day. 1t was said by number of people
that the matter ought to be pushed to a
conclusion at once. A number of eX-
pressions Of opinion were to the effect
that it was unfortunate that a miStrial
had resulted. They thought the evil
dence was so direct that a verdict should
have been promptly reached.
Ugly RumOrs AhOat.
There were number Of rumors afloat
yesterday about the trial that were not
mplimentary. 1t was said that three
of the jurors favored acquittal. Several
of the Jurors said that all agreement had
been reached by them that they would
not reveal how they stood in the jury
room. but others said that three men
hung out for all acquittal. 1t was stated
by deputy sheriff that one OF the
jurors visited DR.. Pearce several times
i'll the Jail before the trial. After the
jurors were discharged yesterday, one
of them shook hands with DR.. Pearce.
and was invited by the latter to go to
the Jail to see him.
The county attorney received postal
card yesterday, signed "A Friend" that
intimated that peculiar influence had
been brought to bear in the case, and
advising that the case be pushed with
out delay or favor.
Before the jury came in yesterday
DIR. TObey expressed some concern for
| DR.. Pearce. and stated that he believed
| that failure TO agree would end the
| case. He thought second trial would
not be reached for some time, and that
| public sentiment would aDate before
| the second trial. This was the sub
! stance of voluntary statement made
| by him to a GLOBE reporter This
| was before the move for new trial at
once. After the court decided upon
trial at once. he looked surprised. DR..
| TObey had also stated before that time
| that he knew that the defense could
strengthen It's case on second TRIAL,
| and believed that the state had made
| out its strongest case.
Judge Kelly was seen by "a GLOBE re-
| porter after the dismissal of the jury,
| but declined to discuss the trial. He
| looked somewhat worn Ivy the work.
| but declared that he was not tired
enough to admit the fact. He is con-
| sidered "a very Woodworking judge at
all times, and has never been known to
| shirk responsibility.
1t is probable that fight will be made
| about proceeding with the trial this
morning. The county attorney stated
that he is determined to push the mat
ter at once, as he is put III position
that renders delay impractieable. 1t is
| possible that the defense will present
statutory atfidavitS for continuance,
and it is barely possible that the great
strain on the defendant may PROSTATE
him even more than he was at the be-
ginning of the former trial. 1t was re-
marked that he braced up considerably
after the trial began, and it is intimated
that lie expected the jury to disagree,