Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1894-06-29
MICHIGAN MENTION.
CONDENSED NEWS FROM ALL
OVER THE STATE.
The Trial OF httornCy-Ge General Ellis,
Charged with Forging Election Re-
turns OF Gogebic County, Ends in a
Disagreement or the Jury.

After listening tonearly three weeks
of testimony and lengthy arguments
by the attorneys in the case, the jury
in the Ellis election returns forgery
case in the Ingham circuit court at
Mason retired to determine as TO the
guilt or innocence of the accused.
The many points in The case
have been so often gone over that
ct would be superhuous TO recount
)hem here. Judge Persons charge to
the jury was all that could be desired
md was in keeping with his we'll
lnown impartial spirit. The first
communication from the jury-room
was received after the IL had been out
lbout 40 hours. 1t was as follows:
"To His Honor, II. ii. Person:-Thc
Jury cannot agree. Every vote has
been the same as the first one. GEORGE
LING, Foreman"
1t was generally known that an
agreement could not be expected, and
the court told the counsel for the de-
Tense and the prosecution that he
would summon the jury and see what
was best to be done. There was quite
a large gathering in the court room
when, after another four hours wait,
the Judge carried out his intention.
The attorneys seated themselves in
their usual places, among them being
the encouragement, who calmly
awaited the result. The jury came in
looking fairly fresh after their long
imprisonment. They were polled, and
in reply TO the courts inquiries, Fore
man George Ling answered for the l.
men.
The observation-disclosures of the Jury,
have you agreed upon verdict
The foreman-"We have not
The court-"Now, of course, Mr..
Foreman, it would not be proper for
you TO say anything regarding the
standing of the jury. But ! wish to
ask you question. Is there any pros
pect, in your mind, of securing an
agreement by giving you more time?"
The foremau-"No, sir. | cannot see
any"
The court-"You don't see any pros
pect at alp"
The foreman-''I don't"
The judge turned TO the attorneys
and asked their opinion on the situa-
ton. "The jury have now been out
Al hours" said Mr.. Kirchner. "and
while it would be very desirable for
my friends, for the prosecution, and
while we ourselves desire very much
that an agreement might be had, still
we do not feel like forcing one"
Prosecutor Gardner stated that he
agreed with Mr.. Kirchner, and that
under the circumstances, the jury hay
ing been out "a hours, and as the an
nouncement of the foreman indicated
no change and the prospect gave no
hope, it would be best to discharge the
jury.
Judge Person then addressed the
jury to the effect that he believed that
they as well us the attorneys for each
side and the court, had striven to
reach a conclusion, and that while a
great deal Of time had been spent on
the case he felt that any further con
sideratiou of the matter would be
practically useless, and under the cir
cumstaac2s he thought it best 20 dis.
charge them.
The jurors Immediately broke away
from their seats; some of them snatched
their hats and darted out % the court
room and into the open air like school
boys at recess. There was no show OF
feeling on either side, and the partici.
pants in the case and the spectator
soon deserted the court room.
The jury when it first retired took
Several ballots All of them resulted
similarly. There were seven votes for
acquittal and five for conviction. Al
no period of the a. hours was there
any chaugein the standing of the jury
That the jury was in this manner di
vided and also that they voted, inten
tionally or not, on party lines, was
figured out by people who knew al
the jurors and watched their move
ments from window opposite the
court room during their deliberations
and many hours before the message OF
hopclessness came from the jury the
situation as it afterwards proved TO be
had been pretty well circulated.
Immediately after the jury had beer
discharged the prosecuting attorney
and the attorneys of Mr.. Ellis arranged
that the bonds of Mr. Ellis should
hold good. Mr.. Kirchner asked the
prosecutor when he would be prepared
to take up the second trial of the case
Mr.. Gardner stated that he could moi
take it up until next term. Mr.. Kirch
ner stated that he was going to Europe
anu would return September 20 an6
that they would be ready.