St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-24
The JURY DISAGREE
In the Trial Of Fleury, the A1e'
legged Bank Robber.
7HiRTY-FIYE HOURS SIEGE
Judge Kelly Thanks Them
and Let's Them Go.
MOST OF THE TIME SIX TO SIX
Fleury Declares He Will Never
Ro Tnnuiofnd
THiRTY-FIYE HOURS SIEGE
MOST OF THE TIME SIX TO SIX
Fleury Declares He Will Never
Be Convicted.
SPEEDY RETRLAL rs PROPOSED.

Inc jury IN the case of The State
against Thomas Fleury has disagreed.
At the opening of the district court
yesterday at 10 a. m. the crowd was
somewhat less dense than on previous
days, though both fl oors were we'll filled
with eXpectant auditors. When Judge
Kelly had taken his seat the jury room
door opened, and the jury filed into
court and took their seats at the east
end of the room, the regular box being
at the time occupied by a jury engaged
in the trial of another case.
When the jury in the case of The
State VS.. Fleury had taken seats Judge
Kelly turned 10 them and asked if they
had agreed upon a verdict. G. A.
Neely, foreman, replied in the negative.
The judge next asked if there was
any prospect of an agreement, and to.
this received negative answer-this
also from Foreman Neely. As a last
resort, the judge asked if there was
anything he could say-any Instructions
upon points which they did not under-.
stand and which could be cleared by
reading the record. Foreman Neely
replied to the effect that there had been
some talk about having the charge reads
to them again, but that, on the q uestion,
being submitted to vote, the PROPOSE
tion had been voted down. Thereupon
the judge instructed the bailiff to take
the jury to their room. and then gave
his attention to the case of The State
VS.. De Bruyon, which had been broughtI
on short time before.
FILED IN AGAIN.
At 2:25 p. m. yesterday afternoon the
jury were brought into court again.
when the judge addressed them, saying
he had been Informed by Foreman
Nicely that some of their number did
not fully understand that part of the
charge relating to conspiracy. The
judge then proceeded to read that part
of his charge relating to conspiracy, as
published very fully in yesterdays
GLOBE, and explained clearly all points
that seemed likely to occasion doubt.
That part of the charge relating to the
tracing of the baggage from st. Paul to
Chicago, and the points of evidence to-
be considered Herewith. he offered to
read to them again. but the foreman
suggested that.those were not the points
OH WHlSh oCcluCu W
entertain doubts. The jurors then
started to retire to their room, but
were stopped for moment whilst Ats
torney Johns, addressing the court, re-
served the same right to take exception
to anything said by the court in the Sec
ond reading of the charge as in the
original charge. The reporters record
would show the changes if any were
made.
The jury then left the court, and tha
doors were closed behind them for an-
other siege.
DISCHARGED THEM.
AT 10:30 last night the jury again ap<
peared before the court, and to the
clerks quetlon if they had agreed upon
verdict, the foreman, Mr.. Neely, rose,
and answered: "We have not" Judge
Kelly then asked Foreman Nicely if he
thought it possible to agree on ver-
dict, and to this the foreman and sew.
eral others of the jurors re piled that
they felt they could not agree, no mat
ter how long they were kept together.
Judge K ely then said: ''No one can
appreciate the imp ortance of reaching a
verdict more than do, both as far as
the state and defense are concerned.
For this reason have kept you together
longer than usual. l think you have
been detained long enough, and that
Mr.. Neely has suffered enough in his
crippled condition. You are excused
from the further consideration of this
case and from attendance upon the
court. You will apply t o the clerk for
the certificates of attendance. Of
course you have the thanks of the court
for the faithful services you have rem
dered.'
The jury was out thirty-five and
half hours.
The county attorney stated to sever al
of the jurors who crowded around hi I'd
that he saw no objection to telling ho w
the jury stood. MIR. Nicely then told the
reporters that the jury stood six to six.
Another juror said: "At first the vote
stood seven for conviction and five for
acquittal, then it was. six to six, and
then only five for conviction, and then
back again to six to six" 1--WE took
seventy-five ballots" said one, land at
last stood even." Another said: "Just
go and look at the tickets on the floor"
The floor looked as if it had been
showed under with pie ces of paper.
FleurY was the only one of the alleged
robbers brought into the court last
night. He looked unconcerned before
the verdict was announced and seemed
in a good humor when he left the court
room. To reporter he said: "TheY
will never convict me-"
County Attorney Butler said last
night in answer to an inquiry that he
would probably proceed with retrial
next Monday. He will wire the Chi
cago witnesses the first thing this
| morning, and if their attendance can be
secured at once the trial will be gone
| over again next week.
L