The morning call., 1893-07-21
THEY DISAGREED.
No Verdict Reached in
HOWeli'S Case.
The Jury Was Out All Night, and
Stood Nine to Three for
ACquittal.

Again jury has disagreed in the case
of NJ. ID. Howell. tried for counterfeiting.
The vote this time stood to In favor of
acquitial. aud the jury had been out since
shout | 80 o'clock Wednesday afternoon.
Il was nearly II o'clock yesterday fore
noon when the jurors filed into the court
room and Judge Morrow ascended the
bench Defendant Howell gave indica-
anxious night, but he bore up well.
His wife and little boy were there with
him, Mrs. Howell looking very much worn,
and Mrs. Green was also present, nose
CAV be d by her enlivening somewhat the
gloomy suspense.
After their all-night session the jurors
did not appear at their best. Foreman A.
W jackson explained that, notwithstand-
ing they had not had any sleep and had de-
voted their entire night to carefully going
over the evidence, many ballots being
taken, he was compelled to state that they
were unable TO agree. To lock them up
longer would not help matters. Their
minds were fixed.
Mr.. Campbell for the defense remarked,
suggestively, that the experience of Judge
Morrow and himself had been that when
jury had been out so long and had failed
to come to an agreement there was not
much likelihood of reaching one.
As the CdS6 WAS lucu Ou lIidl 1Ol
second time, however. and had been
ably conducted botn times. thought the
ecnrt. there should have been no diff
Guilty in arriving at verdict, and, there
fore, he vas not favorably disposed
toward discharging them. But Juror
Farless went into a description of how
they had induStriOusly labored to get at
decision all night lo1g, and District At
torney Garter not strongly Objecting,
under the circumstances the Judge con-
cluded to let them 60.
Ten ballots had been taken during the
twenty hours. almost, the jury had spent
in their room. The first one was s to +,
third was 10 to 2. but all the others were
no 8. the jury standing; For acQnittal--
J. ". Gale, John ". Tracy. W. g. Round
tree, G. j. Gerrish. Sheridan Harding,
James O'Connor. 4. a. Farless. F. ".
hutchinson ard a. d. Oakley.
For c0nvction-F A. Druffel, c. A. II
vine and a. ". Jackson.
Attorney Campbell requested that How
ellis bail should be reduced to S5000-it had
been S10.000-but the court refused.
When Howell was remanded again to
Marshal Longs custody his wife started
out to get new bonds. but his attorney ad-
YisPd him 10 remain In confinement little
while pending probable further action by
the Government. If any additional
charges be brought against him the de-
tense is anxious TO have the papers served
a soon as possible. and will then give all
the bonds needed.
Government Agent Harris was asked
what the next step on the part of tie
prosecution would be. He did not know,
he aid, but, with tone and manner thai
signied very much. he observed, He
VIII be tried again"
District Attorney Garter was questioned
in his office as TO what would be the fu.
ture course Of the Government. He re-
Piled:
MY answer is in the nature of an his
tOrical allusion. l will simply refer to the
case of the United S ates against Abe
Jones, charged with st ge robbery. He
was tried once and the jury disagreed. He
was Eried the second time ana the jury
disAf reed. He trTa the third time
and ( landed him In Siates prison. | also
landAd two of his witnesses in prison for
perjNY."
Howell, himself, was seen afterward at
the Marshaps off and was asked if he
considered the result a yiRdicatIon. To
the question in chat form he you'd moi
give any answer, but he said: II think
we have gained paint. L bad hoped fol
and expected an acquittal, til ough."