The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1894-01-27
A Juror Regulates a Verdict After
Having Signed 1t.
JURY OUT FORTY HOURS
Sensational Ending of the Third Trial OF
the Damage Suit of II. II. Porter
Against Ex-senator Sabin.

yesterday Jury disagreed In the oam-
suit brought by H. II. Porter against
ex-senator d. M Sabin of Minnesota.
The case was given to the jury in
Judge Grosscup's court and the twelve
men returned verdict giving Porter
$130,61s.ss damages, this sum repre-
fenting the principal and interest on
500, 1000 which Porter invested in the
Minnesota firm of Secor, Saoin & Co.
This firm was afterwards reorganized
into a stock company, which failed, and
Porter claimed that Sabin was respon-
sible for his loss, because it was upon
his representation that Porter had in
vested his money.
AS soon as the verdict of the jury
was announced w. H. Swift, the only
attorney present representing Sabin,
demanded a poll. 81 will ask also"
said he, addressing the court, that
the jury be instructed before the poll
begins that they are to answer truth
fully what their convictions were and
what they are now"
Judge Grosscup then briefly in
structed the twelve men in the manner
desired, and the clerk called the jurors
one by one and put to each the ques-
ton: WAS this and is this now your
verdict" Each juryman rose to his
feet as the question was put to him,
and the response was uniformly Eyes"
until Juryman Shenk was called.
According to the law as given in the
Instructions of the court" said Mr..
Shenk. ayes, but have been put in a
peculiar position"
You have been sworn" said the
court, to decide the case according to
the law and the evidence, and you are
expected to answer the question was
this and is this now your verdict2'
Then | will say lit is not" said the
juror and sat down.
JUROR ALYwIN ALSO DIssENTs.
Juror Aylwin also asked permission
to make a statement. He said ut
was not pleasant task for me to hold
out against a majority of my peers, but
/ feel now that was almost guilty of a
crime in not doing so. This is not my
verdict"
Attorney Swift moved that the jury
be sent back to their room to deliberate
further.
"Does the jury desire any further in
tructionsl" said Judge Grosscup. They
indicated that they did not and were
dismissed again by the court, the YER
dict they had rendered having been set
aside by Judge Grosscup on account OF
the disagreement of the two jurors
Twice on Wednesday the twelve men
had fled into the courtroom and had
further instructions from the court
After having retired for the third
time the jury returned in a few min
utes and stated that they could not
agree. They were then discharged
from further service by the court.
During all the forty hours that che
jury had the case under considera.
Jion the balloting stood 10 to In favor
of Porter's claim, the two being Shenk
aud Arlwin, who contended that the
evidence did not show that Sabin's
company was insolvent or that its real
condition was concealed from Porter at
the time he invested his money. The
case was tried in 1890 by Judge Ores
ham and also before Judge Brewer in
the Minnesota state courts, but on
each occasion the jury failed to agree.
ORIGIN OF THE DISPUTE.
The dispute between Sabin and Porter
dates back to 1888, when Sabin organ
lied his big car company, with a capital
stock OF SO, 600, 900. The assets of Secor,
Sabin y Co., were taken in by the new
company, and Porter claimed that con.
trary to an agreement between him and
Sabin about 100000 of the assets OF
Seeor, Sabin & Co., were disposed of tc
secure liabilities of Sabin and that a
large amount of the Indebtedness of the
firm put upon the car company. The
whole case depends upon the solution Of
the question whether Secor, Sabin & Co
were insolvent. The case will be placed
on the calendar for trial. 1t is said thai
Juror Aylwin was not called on the reg
ular panel when the jury was obtained,
but after the original venire had beer
exhausted marshals were sent out afte
talesmen and Aylwin was found in thu
corridor. 1t is said he is known to Mar
shall Hitchcock, who formed his acQuain
t.,ca yvbau borh were residents of Pc