The evening world. [volume] (New York, N.Y.) 1887-1931, 1895-05-11


II was suggested that 4 might be
private signal from some one within.
showing how matters were progressing,
and that one Juror was SIN standing
out
Al noon the crowd in the corridor had
Increased to over TWO Huh 'r'l. al!
eagerly clamoring for admission. but not
another seat remained vacant within.
Every one was anxiously awaiting some
news from the jury. but no sign had yet
been given.
After talking matters over with his
lawyers. inspector Mclaughlin seemed
to brighten up considerably. They had
evidently been giving MIN encouras,
talked to him.
Jury Aaks for Instructions.
When the jury came in at 1880 o'clock
said:
II have received an extraordinary
statement from you. and such state
from any jury.
II am told that ten OF your men. have
agreed upon verdict, and two OF your
number decline to agree upon II.
The most extraordinary part OF TINS
thing Is ore that must be met. one ~
your number absolutely refused to con
garding II entire.y this morning,
II am told that you refused to regard
the testimony Of certain Witnesses
have expressly instructed you not
impeachci witnesses.
barrett scores the Jury.
Your communication to me Is
doggcd refusal to regard such testimony
II wish to say 20 you, Mr.. liurhrldge
as you are the man that Is referred 10.
and to every member OF this jury. teht
such refusal Is violation or me
cuss the case ana TO give your views 10
ne other jurors. and to not refuse 10
discuss It.
you have no right to refuse to dis
cuss any testimony given upon this
trial"
when Judge Barrett addressed Bur:
the Court that he should scuss the
testimony of wtne SEES with the other
Jurors. Burbridge sad that he hnd
to Sisyu ss"t tb So ant "ny more The
other jurors threatened him and told
nun that state priso nsiarrl nm IN
,he face unless n Won 10, I,s" lnns t tnr
refusing to agree with them.
Juror Stein, who Is the other, juror
vine VIII not agrce To- a verdict OF
tainable, said that the question in his
mind was one OF reasonable doubt and
that he was not quite satisfied with
his understanding OF what that term
meant.
He asked Judge Barrett If he would
not again define what a reasonable
,o%h meant s M nso t asked 1sa, nat the
jury.
The latter request was also concurred
In by Schaffer,. the seventh juror. and
Scott. the eighth juror.
They also asked that the testimony Of
| Schleslnger be read.
Justice barrett said he would give
rea sonable ioubt Then the testimony
| called ,for was read
Juror stein. the NTH Juror. rose and
testimony of those two witnesses re-
read.
Justice Barrett then ordered the ste
nographer to read the testimony
nurbrihxc WonId Not Listen.
The reading OF the testimony
was listened to attentively by all the
jurors except Bnrbridge. who kept look
Ing around the courtroom and acting in
| an Indifferent manner.
| Inspector Mclaughlin seemed consid-
erably cast down by the turn affairs
had taken. and the indication that of
the twelve men in the box ten were Tor
Throughout the reading he acted In
nervous manner and eyed each Juror
II by any possibility the Jury hands
In verdict OF guilty lively fight will
| he made In the proceedings today. Col.
James excepted to all the Judges re-
| marks
AS soon as the stenographcr finished
reading the t,etim my. Justice Barrett
said that The question of stein. the nth
| Juror. for the definition of II rcasonab bic
| doubt called for fun eNplinitiun.
Before giving such explanation. Jus
Gs arrT! onH sHGa he
which had just been re-rcad.
The Jur, Ordered Out Agnin.
Justice Barrett said that he must cni,
attention to the fact that SchleSingcr
| did not testify to any direct facts In
regard to the charge in the indictment
All he testified to was n conversation
| jury should 10 able to reconcile the
| statements of these two witnesses and
to give due consideration to each one
| Juror Stein then asked:
| can "A juror Civ, more Credence to the
| 81 ltemcn, Of Srhlasirrrr tNrp tn those
tf ,ieagrist, Galligan. Finlan ard others?'
'Thrr" - uininS II CoInnlNu between
them ~ ALL" aid Justice Jarrett
'Schlesineer's testimony does not touch
the others In any way. fou should give
TO each the er.dencc TO which you think
In concluding his remarks Justice
! Barrett said:
II now ask YOU to retire, again and
irous'der carefully the testimony Let
me hear no more about n refusal to
discuss the evidence, and remember
| that such n refusal Is violation OF
your oath rs juror.
DO not let any one of you feel tina,
his pride In his opinion SHOULD prevent
| him from yielding, II he felt that he
had been mistaken.
get Together aud AUrcc, Snys Bnr-
| rrtt.
Get together IN n fair and lust spirit
and agree on verdict. | hope wi;n
thee ndmoni'ions You VIII have no ain
Juror Stein then asked:
is the conversation between Schlcs
singer and .Sragrist to be considered
by the jury
Certainly said Justice Barrett
Il am surprised that YOU should ask
such "A question"
The Jury retired again at l55 p NJ
After they had gone out Col. James
called the Alteration Of Justice Barre;
to he remark that Juror EurhrI1g,
had made about threats of sen Mig him
to StItc PRISON If ne did not agree with
his fellow Jurors
Justice Garrett replied that he all mo-
hear the juror max" this statement
but II was shown to him. and afte,
considering It, said he did not thinl
that II called for any Interference or
his part.
James Would Discharge Burbriduc
, Col James moved that RurhrIdgc u,
disSharE ID from the jury. This Wa,
, denied. and Col. James took an eXCep
ton,
col James also made several othc,
requests, which We're refused. Col
larl,7 noted exceptions to all
\ recess Was tho. taken arl cru"
Will convene aga.n when the jury maj