Evening journal., 1893-06-13
VICTORY FOR THE CITY.
The Hession Jury Could Not
Agree.
NO NEW TRIAL IN THBToPKIs CASE

the Court.
The city gained decided victory in
the disagreement of the jury in the Hes
sion case. The indications are that the
long list Of cases of the same kind will
now be dropped by Levi c. Bird, as this
was regarded as test case.
The jury went out at 1875 yesterday
morning and all day long those inter
ested anxiously awaited verdict.
The jury failed TO arrive at
verdict last night. and they spent
standing ten TO two i'm favor of Hession
afternoon they informed the court that
they could not agree and asked to be dis.
charged. The court refused to grant the
request and instructed Bailif Raney to
prevent any one from communicating
with them A recess was then taken
until evening
Judge Marvel, counsel on both sides
and others interested were at the Court
House until s. 80 last night As there
was no likelihood of an agreement they
left.
They Could Not Agree.
At 1921 o'clock this morning the
tired and hungry jury fled into the
court room and Immediately all eyes
were turned in their direction The
foreman was asked if a verdict had
been reached He said no and that there
was no likelihood of an agreement.
Several other Jurors expressed a
like opinion. The chief justice
then discharged them AS they
filed from their seats +. q. Bradford, of
counsel for the city, shook hands with
them as they had given him what he ex-
pected.
Judge Ball who was interested with
Levi G. Bird in Mr.. Hession's, s,behalf, also
shook hands with one or two Of them
The Jurors went to their rooms again
and agreed to keep secret the names
of those voting for and against
the plaintiff, but delegated Calvin
Crossan to inform the EVENING JOURNAL
reporter that there were five votes for
awarding Hession damages and seven
against il. There was but little change
in the first and last ballots.
The Way the Jurors stsod.
Since court adjourned it has been
learned officially that the vote was as fol-
lows:
For the city-Arnold Naudine, Cal
win W. Crossan, Benjamin Gregg, J.
Elwood Weldin, Douglass Mccoy, John
G. Berger. w. E. Husbands-7.
For Hession- Robert L. Truax, George
A. Cleaver, James H. Stats, w. E.
Whiteman. James NJ. Hurd-5
This morning a jury Of inquisition was
drawn to fix the amount of damages in
the case of Perry H. Martin VS.. Henry
Snyder. Martin claimed damages for
injury to his hand by a defective circular
saw owned by Snyder
The defendant did not think it worth
his while to appear and In default Of his
appearance the jury was instructed to
bring in a verdict for the plaintiff. An
drew E. Sanborn, counsel for the plain
tiii, claimed $1,000. The jury rendered
verdict for $3.50.
George S. Capelle was substituted for
Senator John Pyle, as referee in the case
Of William j. Rutter vs.. the Knights of
the Golden Eagle The knights refuse
to pay Rutter certain sick benefits The
agreement was that the referees should
not be members Of any secret order and
the court named Joseph L. Carpenter,
Sr, Thomas Darlington and Senator
| Pyle. The latter informed Lewis c.
Vandegrift. of counsel, that he belonged
to secret orders, hence the change.
In the foreign attachment case of
Susan B. Randolph VS.. Elizabeth l.. and
Philip c. Meade a jury of inquisition
brought in a verdict of $l63 33.
In the case Of the Artisans Saving
Bank vs.. Edmund Mitchell Jr., and Dr.
1 L NaaNHs 4 i
fessed judgment for 81 1862 33. Philip
10 Churchman represented the plaintiff
and William 7. Lyman the defendants.
Elliott Wants a New Trial.
George A. Elliott, representing Abram
Slesinger made a motion for a new trial in
the case of Topkis VS.. Slesinger He
claimed that much new evidence had
been discovered which would go to show
that It was not a fraudulent assignment.
He also contended that the verdict was
contrary to the law and the evidence
The checks which passed between the
parties had been found and also Topkis' S
account book.
Alexander B. Cooper opposed the
motion and the court refused the mo-
tion, saying they did not think it
wise to interfere with the finding of
the jury.
Harry Emmons occupied the attention
of the court for some time in arguing the
non service Of writ upon George A.
Hopes, a shoe dealer at No. East Third
street Judgment was entered on
his stock and execution ordered
Hopes got special bail When he wa s
wanted at court a writ was issued for
him. 1t was returned non est
Then a writ was issued against the
special bail Mr.. Emmons asked to have
the last proceeding set aside on account
of false return in the first proceeding
as Hopes could.have been found.
, Sheriff Gould informed the court thai
be never saw the writ. Deputy Sheriff
Gifen saw it, but some one told him &,
return it non est and he did it, He coulC
, not remember who told him to do it,
1 Mr.. Hopes said he was in the city a
! the time and could have been found a
: his place Of business.
! Mason and Barlow Pay Costs.
( The case of Clifford Mason, Georg
I Barlow and Fergus McGovern, whicl
/ "a uffra ffuna of fha Mimi