Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-12-21
FOUND NO VERDICT
After Being Out Eighteen Hours
in the Mckee Case.
SEVEN WERE For CONVICTIONS



The inrs.sst in the celebrated cs<e wzs
widespread snd everybody sss eager fo<
the arst iufimatioa q the deeis.on u
the twelve srbitsrs u ths fate Of -Jio-
misv Mckss. and al II O'Clock thsrs va
q grand rush Coz the court room a. the
raa.or spread throogh the court house
that the Jury we're about % eons III
Nseks we're eraved eagerly forszrd an'i
the court room suddsnly became very
s,Ienf - The twelve nsu fled In. Bat
their ssrsmzn's first remark vas dis
sppointmsnt 10 the crord He merely
wanted ~ state that they could not
sgrea and 10 ask how long they we're 10
BE kept out
-Yoa vii fnd me right here to
Saturday morning" said Judge JudlinA
smiling.
What did you say. Judge; TillSAtur-
days We stand just a. We did 10 the
beginning. ! 10 -
Here Judge Judkins interrupted the
excited iurynan Who was about 70 -
veal the secrets Of the jury room. He
assured him he was only joking when
be spoke % keeping them until Satur-
day lie then proceeded 10 give them
little more light on the subject Of the
crime % rape. particularly under the
alleged circumstances % the present
case. which vas really what they had
come 10 for Ills instructions did not
differ. however. materially from those
given Ia bis regular charge lie merely
said that II Miss Handley had been over
come by Mckee while intoxicated with
liquor given 10 her for that purpose. the
prisoner was guilty. II the liquor had
been given her IN the ordinary social
manner aud she drank II. knowing what
the result might be. the prisoner should
be acquitted. Court then took recess
tall = O'Clock
Jury Again Locked Up.
The prisoner seemed greatly relieved
after the jury were again locked up tie
went home 10 dinner and returned az =
o'clock IN q very hopeful frame OF mind.
The iary were taken % the Bridge
Street house for dinner. Every man OF
them looked happy and contsnted on his
return. and hopes for an early verdict
under the modifying influences OF one
Of Landlord Rice's best were freely ex-
pressed. However. IL was nearly }
o'clock before the jury again raped
foe the sheriff. and when they entered
the court room IL was AZ once evident
from the expression Of their faces that
no agreement had been reached.
Judge Judkin's Remarks
-GenfIemen Of the jury. are you still
disagreedy" said Judge Judkins
I'VE are" said the foreman. -and
stand Just as We did In the beginning.'
You have had ample time To consider
the case fairly" said the judge, -and
suppose il IL useless to keep you out
longer. I thank you for the pains you
have taken with the case and you are
discharged from further consideration
of H."
Judk ins Favors Mckee
Judge Judkins then turned to Prose
cutting Attorney Wolcott and said:
This case has been great expense to
the county and % the prisonnr. IL 10
very important case. hut In view of all
the evidence i should advises you to
nolle pros Il. IL Is a great question In
my mind whether you can ever get
jury TO convict or this evidence. add
even II a conviction were secured /
doubt 10 10 would be sustained oy q
higher court | do not mean TO censure
you IN this matter continued the judge
smiling. "You have tried the case for
ali ), IL worth. and have handled the
peoples interests very ably. bat the evil
dcnce IL not sufficient Tor conviction.
The case will probably not be tried
again certainly shall not try IL again.
and | say proudly that II | hal been q
member u that jury. / should not have
voted % convict OF course this 10
merely suggestion. Mr. ProsscutIr. but
think nolle pros would be the wisest
course "a pursue"
Mr.. wolcost Says No.
@Your honor. | did not cone into the
court room With that course In my
mind said Mr. wolcott. -and do not
care TO take that course or aoy action in
matter until | have bad day or two for
c0nsideration.~
-very WE'LL said Judge Judkins. Il
leave the matter wholly in your hands.
hore nv remarks VIII not influence
the next jury In the east After all. 10
- a mere matter of opinion Of the
weight ~ evidsnce and thsir opinion
n1ight De quite ~ valuable az mine.
waAt 10 say. however. that 10 im possibls
81 please everybody IN case IL this
kind. Son1e might think wong had
beeu done n James Mckee were
acqpitted Ottsrs would be Ger, ain a
wrong bad been committed on IN mao
cent man n he were convicted
Case Pvt Over the Tcrna
Judge Jnslkips then turned the ssass
over 90 Judge Grows. who ssid: Il SID
pose Judge Jadkins is nov through
with thu case. lou have heard what ~
has said az 20 the expense n
the counfv. have only THE b advise
that whatever - 20 be dene. should be
done a. quickly a. convenient"
~ the request u the Prosecution. fh<
case was then put over TIE term and
the prisoner held ia ms present honds
unta January l.
what Mckee SAYS.
The prisooer. JsmesJ Mckes. watched
The prosecutor With the clo<e<t aztec
tion While the conversation between
Judge Jadkins and Mr.. Wo.cott. which
might have male him free man. ssz
taking place he vac psturaly much
disappointed NJ the outcome and after.
var,ss said - a repcrter
"fou heard ehat Iudkins saidf That
gave Welcott good chance 30 get oai
cf e Bot ! suppose be wants to saii
awhile and hear What bst sf these
ersnky women have 70 suggest
ur fsrn-' opsnsoss
Proserutor Wolcott wa resrv>f in
the esprsssios q HE opinion as n IA