The record-union., 1893-02-25
AND STILL NO VERDICT.
Little Likelihood of the Palmer Jury
Agreeing.
Judge Prewett Returns to Auburn
and the Matter Left to the
Local Superior Judges.

AS the jury filed into the box at 9:52
A. NJ, their careworn faces showed the
marks of their long confinement. Judge
Prewett took his seat and directed the
clerk to call the names of the jurors.
This having been done, the Judge said:
'Gentlemen of the jury, have you
, agreed on verdict"
NJ. j. Bannon, the foreman, answered.:
1--WE have not, your honor"
''Do you wish for any further instruc-
tions from the court which will aid you
in making up your minds?" asked the
Judge.
Mr.. Bannon answered that they did
not. Judge Prewett then said that, in
order to arrive at an understanding of the
situation, he would like to ask them how
they stood.
II do not mean," said he, show you
stand as individuals, but your numer-
ical standing, for or against conviction"
''Well," replied the foreman, 1--WE stand
four to eight, or, rather, eight to four, and
have stood that way from the first ballot
to the last, without any change"
Judge Prewet then said to the jury that
this was very grave and serious matter,
not only to the person on trial, but to the
people. 1t was very desirable that the
jury should get to one way of thinking, if
it were possible for them to conscien-
tiously do So He would like to have
them make an earnest and SoIicitouS
effort to arrive at an agreement. The
trial had occasioned great expense to the
county, from the great length of time
they had been engaged in the case. He
had called them in to ascertain what
progress they were making, and offer
them any AID they wished in making up
their minds. Hewould like to hear from
the different jurors what would facilitate
u decision.
James A. Elder said that he did not
think if they stayed there month that
they would ever agree, and Juror Barton
said the same thing.
John Watt said it would be almost i'm
possible TO arrive at any agreement.
L. e. Churchman said the principal
point on which they needed light was
whether they were to take all the evil
dence in considering the question of in
sanity, or simply the condition of the de-
fendant's mind just before and after the
commission of the deed.
The Judge said he did not suppose it
would be profitable to give a general
charge on the subject. He had been very
full and explicit in his charge; on that
point, however, he would say word to
them. He had no doubt they had all tried
earnestly and conscientiousIy to do their
whole duty in the matter, and the court
would be only too willing and ready to
help them in any way in his power.
He would give them some additional
instructions, not different, however, from
those already given, but in very few
words. AS to the condition of insanity.
let them ascertain what was the condition
of the defendants mind at the moment
of committing the act.
Foreman Bannon asked if they were
not to consider the whole testimony, as
well as the actions of the defendant at the
time of the murder, and the Judge re-
piled, Most decidedly so.''
He then directed the jury to return to
their room and try to agree on a verdict.
After they had left the room Judge
Prewett stated to the counsel on both
sides that he had been long time away
from home and the affairs of his own
court We're suffering. He would like
them to agree that Judge Catlin or Judge
johnson could receive the verdict, so
that he could return home without fur
ther delay.
All the counsel professed their willing
ness to comply with his request and he
stated that he would confer with the
Judges and notify them accordingly
The jury was still celebrating last
night, and at last accounts the members
had retired to dream about the situation.
The prospect is that this morning they
will be discharged.