The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-28
ONE CONTRARY JUROR
He Held the Bank Case Jury Out
Till Sunday Morning.
Over a Dozen Ballots Taken and a Gen.
eral Impression Is Abroad that
the Collins Are Convicted.
THEIR FATE IN AN ENVELOPE
They Can Be Released on a Strong
Bond Pending an Appeal.
The Jurors Considered the Evidence by
Counts-Speculation as to AL
bert 5. Reeds Case.
THEIR FATE IN AN ENVELOPE

Oullty OF not guilty. Inat was the queS-
ton that many a citizen asked another
yesterday. with no expectation of getting
other than a speculative answer. The ques-
ton had reference to the verdict in the
bank case. The verdict was reached a few
minutes after 9 O'clock yesterday morning,
and, in accordance with the Instructions of
the court. was sealed and the jurors then
separated and spent the remainder of the
day according to inclination. From the
time the jury went out, at 3 o'clock Sat
urday afternoon. speculation upon the prob
able result Of the trial was rife. Probably
no case tried In the federal court here has
attracted such widespread notice and been
the subject OF so much comment and spec
ulation as this. The end has been eagerly
awaited from the time the trial began on
April 10, and the anxiety was greatly
heightened yesterday when it became
known that the jurors had at last agreed
upon a verdict. When they retired Satur-
day afternoon there was little expectation
that they would reach a verdict within
twenty-four hours. When the jury was
brought into the court room at 9 o'clock
Saturday night for further in
structions from the court, how
ever. and, in answer to the ques-
tons of Judge Baker, Foreman Joseph A.
Trotter said they had not quite agreed upon
a verdict, a very material change came
upon the expressed opinions as to the time
that would intervene before the jury had
quite agreed" The fact that an agree
ment was anywhere near at hand at this
time was construed to bode Ill for the de-
PENDANTS. The ground Of this belief by those
who expressed it was that while as a mat
ter of law there Is a presumption Of inno-
cence surrounding a defendant in a Grim
inal case until his guilt is proven. as a
matter Of fact. in the case at hand, there
was a presumption Of guilt surrounding
these three defendants from the time the
case was called for trial. 1t was thought
that the early agreement Of the jury was
an evidence that in the jury's deliberations
the presumption OF guilt had not been over
come. When it was noticed through the
windows Of the grand jury room at about
II o'clock Saturday night that the jurors
were stretching themselves at length upon
the desks in the room 1t was concluded that
no verdict would be reached before morn
ing. and this was a fact.
They began their consideration OF the
case Immediately upon their retirement
from the court room. They were obliged
to render a verdict as to each defendant
upon each of the forty-six counts contained
in the Indictment, and. consequently, were
compelled to consider each count sepa-
rately. No ballots were taken until all the
counts had been considered and the evil
dence relating to each count taken up.
After the counts had been considered with
the evidence in this way the balloting was
begun. This was some time before 8 o'clock
Saturday night, as was indicated by the
answer of the foreman to Judge Baker,
when asked if they had vet agreed upon
a verdict. Upon their retiring TO their room
fotiGnug for G a Verdict one asa man ned differe = from from,
the others, and il seemed for awhile as
If there might be a practical illustration
jurors. This was probably the state of az
fairs at the time when the jurors were
brought into the court room at 8 o'clock,
and it was probably this fact that led the
foreman to say they had not quite"
agreed upon a verdict at that time. and. in
response to further questions by the court,
answer that they might agree before IL
O'Clock.
After retiring to their room the second
time Saturday night the balloting was
again begun, the one contrary juror still
holding TO his opinion, but whether 1t was
for conviction or acquittal will not be pos
ttively known till this morning. Several
ballots were taken before half past 10
O'Clock Saturday night, and then, it be-
coming apparent that no agreement would
be reached that night. it was decided TO
sleep upon the question. When this con-
clusfon was arrived at the Jurors were
also made aware that they would rave to
sleep upon the desks and chairs in the
room. as. by an oversight. no downy mat
tresses with plant springs had been pro-
vided, They stretched themselves out when,
boards, and the question of the guilt or in
nocence of the defendants was not taken
up again till yesterday morning. Upon aris-
ing at an early hour the balloting was COM
menced once more, and at half past z
o'clock no verdict had been reached. Then
the jurors went to breakfast at the Enter
prise Hotel, on Massachusetts avenue. Aft
er breakfast they returned and the ballot
ing was again begun. A few minutes after
8 o'clock the vote was unanimous, and the
form of verdict applicable TO their conclu-
sion was filed out, sealed and turned over
TO their foreman. Then the jury separated
and the sealed verdict was taken by the
| foreman, Mr.. Trotter, TO the residence of
Clerk Butler. and turned over to him at
10 o'clock. He will deliver it in the court
room this morning, where 1. will be opened
by the foreman in open court and read.
The jury took something over a dozen
ballots before they arrived at a unanimous
conclusion as TO what the evidence of the
case showed. The fact that one juror held
out against the others for a time gave rise
TO a little speculation as to how he was
voting. BY a few this fact was construed
favorably towards the defendants. One man
who held this opinion gave the reasons for
| considering this fact as favorable. He said:
'I can only judge of IL from what my ac-
tion would be under similar circumstances
If / were on a jury and my opinion was
that the person on trial was not guilty. /
would never come TO the others on a verdict
OF quilt, even II the entire eleven were
against me. 1 could not vote for convic-
ton because eleven other men did, and, un-
less 1 was firmly convinced myself. / would
hang the jury. On the other hand, If 1 be-
lieved the person on trial TO be guilty and
had voted that way, l would yield to the
other eleven who were voting for acquittal.
/ believe that is the duty the law requires
of a juror. AS / understand the doctrine of
reasonable doubt in a case is said TO apply
to each individual juror, and he must be
convinced of the guilt OF the defendant be-
yond a reasonable doubt before he votes
for a conviction"
The verdict was the subject of conversa-
ton TO a great extent about the hotel cor
ridors last night, and various and sundry
| opinions were expressed. Most every one
seemed to believe that +. A. Coffin had
been found guilty, many expressed the be-
| lief that both the Collins had been convict
ed and Reed acquitted, while others
Thought all three had been convicted