Evening journal., 1894-02-02
NO CASH FOR MAXWELL
The Jury Disagreed, Three
Voting for Defendant.
ON ooNTRIBUrORY NEGLIGENCE


indications are that the jurors will dis
agree. At 4 o'clock yesterday afternoon
the court asked the jury If it had any
communication. In reply the Jurors
asked leave to use the courtroom. Leave
was granted and the spectators went
out. At 8 and 30 o'clock the Judges
entered court again but no verdict had
been reached and the key was turned for
the night.
The Jurors took supper and spent a
restless night on cots in the third story.
This morning they were served with
breakfast, and the struggle for verdict
began anew.
Court opened at 10 o'clock this morn.
ing.
Chief Justice Lore informed the mem.
bers of the bar that Immediately after
the retirement of the grand Jury, on
Monday morning, the trial list would be
gone over for the purpose of calendsring
any civil cases which might be for trial
he said that no counsel would be forced
to trial next week in civil cases. The
criminal docket will occupy nearly the
whole week.
At 10 10 o'clock the Jury sent a com.
munication to Court. stating that there
was no agreement, aud asking for in
structions. They were not given, aud
court took a recess until 2.30 O'Clock.
At 1I15 o'clock there was another
urgent request for instructions
The court sent Bailiff Raney off for
counsel and Ia a short time he returned
with Messrs Bird, Cooper, Bradford and
Biggs. News that the jury was coming
in had spread aud dozen or more spec
ators entered the room during the pre-
liminaries.
The Jurors Marched In.
At IL 80 the judges took their seats
and the careworn jurors marched in and
took their seats in the box
Chief Justice Lore-"We have had
two commun ications from you ia re.
spect to this matter THE case is one of
the utmost gravity, as you know, and
as has been impressed upon you Il is
very important that you shall reach
conclusion, not only for this
case, but especially important for a pre-
cedent. We therefore felt that it was
right in your using every possible
means in reaching a just conclusion
We have brought you in to ask you If,
after your long conference, you have
made every effort to reach a conclusion.
Foreman McAllister-"W think we
have. 1t seems as though there is a little
difference in regard to one thing
whether to ask for further instructions
Chief Justice-"We can't give you
that.
Judge Cullen DO you mean instruc-
tions on law or evidenceg The court
will instruct you in the law
Foreman-"We mean law"
Chief Justice - "Other points than
those included in the charger
mo, sir.
"DO you think it possible for you to
agree at ALP
well, can't hardly say, just yet.
If you think it possible to agree it
would be our duty to send you to your
room again
The foreman conferred with Juror
David McVey.
'DO you think there is possibility of
agTeeing2'
"Well, said the foreman. "should l
put it In these words? The last vote we
took we didn't hardly conclude would be
final"
"-hen you are still deliberatingg7
Eyes sir.
Then, gentlemen, we can't: discharge
you"
Juror McCoy-''Did l understand that
the court refuses to instruct us on one
point2"
What is the pointg"
"In reference to contributory negli.
gence. That seems to be the point VIC
disagree on"
We'll, gentlemen, retire to your room
for the present"
Tho jurors walked out and counsel
conferred
The Whole Charge Read.
Mr. Bird-"We are content that the
whole charge should be rs ad and that no
comments be made on it, IL can't be an
I'll precedent for the whole charge TO be
read We all agree TO that.
Judge Cullen-"rhe jury has the
right to ask for further instructions Of
law. but not of evidence"
Mr.. Bradford understood that the
charge will be read without a word"
"Yes.
At 1l.4O o'clock Bailif Rsney again
marched in, followed by the jurors.
Chief Justice LOre-"Genilemen, If IL
is any advantage to you. we will read over
the charge again, just as it was delivered
yesterday. II it is of no advantage we
it"
Foreman don't know that it would
be any disadv antsge
The ief justice read the charge, and.
at IL 90 o'clock, the jurors returned to
their room. The court informed the
lawyers that they would not be sent for
until 80 o'clock this afternoon
IL is rumored that the jury stands 10
to fer Maxwells administrator
Jury Disagreed and Was Discharged.
Court resumed its sitting at 30 this
afternoon, council on both sides being
present, together with many persons not
interested.
At 2 80 o'clock Bailif Rsney commu-
nicated to the court the fact that the
jury had agreed to disagree.
The court ordered him to bring the
jurors in. They had been out forty.
eight hours.
Prothonotary Horty called their names
and asked "Gentlemen, have you agreed
upon a verdictg To this Foreman Nc
Allister replied, 1--WE have not.